03/15/2002 "Judge brands senator 'homophobic' "

Judge brands senator 'homophobic'
Michelle Grattan, Chief Political Correspondent (Syd Mornnig Herald)

Senator Bill Heffernan stood aside as parliamentary secretary to cabinet yesterday to await the result of his demand for a fresh police inquiry into Michael Kirby of the High Court following his sensational claims about the judge's alleged sexual behaviour.

Justice Kirby branded the Liberal senator's "homophobic accusations" - made under parliamentary privilege - as false and absurd.

The Prime Minister said the senator's Tuesday night speech was "off his own bat", although he and Senator Heffernan had "earlier discussions" in which "I counselled him against any improper use of parliamentary privilege".

But John Howard, who has been very close to Senator Heffernan over the years, declined to condemn his attack, in which he accused Justice Kirby of using "rent boys", having a young male regularly picked up in a Commonwealth car near Kings Cross, and allowing his homosexuality to influence his judgement in a case involving a pedophile.

NSW police were non-committal about how they would respond to the senator's call for a new investigation, but said information provided by him had already been investigated.

Mr Howard said Justice Kirby enjoyed "a very good and fine legal reputation". "The senator in question enjoys both my affection and my friendship, and I know that he holds the views that he expresses on matters very deeply and very conscientiously," he said.

Mr Howard is looking at establishing a body to deal with future allegations against judges - a move advocated by Senator Heffernan.

The senator has written to the NSW Police Commissioner, Peter Ryan, asking that his allegations be freshly investigated. He writes that after an earlier investigation, "I was advised by a senior officer that because the allegations provided in a police statement involved a person aged 17 years and 6 months ... there was no prosecution undertaken".

The Police Minister, Michael Costa, told Parliament that police had previously investigated allegations by Senator Heffernan and "these investigations did not warrant the laying of any charges".

"If any person has concerns about the impropriety or otherwise of any investigation, they should refer those matters to the Police Integrity Commission."

The Foreign Minister, Alexander Downer, strongly defended Justice Kirby, saying: "I've never heard of him behaving in an improper way."

Justice Kirby said Senator Heffernan "should approach the proper authorities, not slander a fellow citizen in Parliament. Insofar as he attempts to interfere in the performance of my duties as a judge, I reject the attempt entirely."

Labor called for Senator Heffernan's sacking, accusing him of abusing privilege. The Opposition Leader, Simon Crean, said: "Serious allegations like this should be pursued through the appropriate authorities, not done through parliamentary privilege."

The deputy Senate president, Labor's Sue West, ruled that Senator Heffernan had breached the standing order prohibiting offensive words, imputations and personal reflections against a judicial officer.

Labor's Senate leader, John Faulkner, said Senator Heffernan was guilty of a "cowardly attack". He said the senator pursued a "personal vendetta against homosexuals" and "parades his obsessive homophobia as a badge of honour".

The Government Senate leader, Robert Hill, said Senator Heffernan would say he was obsessed with fighting child abuse. "You can be obsessional but not irrational."

The Prime Minister, who spoke with Senator Heffernan late on Tuesday and yesterday, said his standing aside was at his own initiative "and I think it is the right course of action to take".

Mr Howard told Parliament the affair showed the need for a process to deal with accusations against federal judges. It was time to re-examine a proposal by the Law Reform Commission for a procedure governing the receipt and investigation of serious complaints. "It is an area where ... there are gaps."

A federal judge could only be removed by a finding of both houses of Parliament. "There is no preliminary procedure to assess the value or otherwise of allegations."