03/15/2002 "Sex claims against Kirby came to nothing "

Sex claims against Kirby came to nothing
- By Stephen Gibbs and Les Kennedy (Syd Mornign Herald)

NSW police have already investigated allegations made by Senator Bill Heffernan against High Court judge Michael Kirby and found no evidence warranting charges, the Police Minister, Michael Costa, said yesterday.

However, Senator Heffernan yesterday wrote to the Police Commissioner, Peter Ryan, asking him to again investigate his claims that Justice Kirby engaged in sex with a teenage boy.

Justice Kirby was interviewed in 1998 by a police strike force set up exclusively by Mr Ryan to investigate pedophilia claims made by then State MP Franca Arena.

Strike Force Cori was established in December 1997,

following allegations by Mrs Arena in the Upper House that the Premier, Bob Carr, the then Opposition leader, Peter Collins, Royal Commissioner Justice James Wood and others conspired to conceal the identities of high-placed pedophiles.

A subsequent inquiry found the allegations of a cover-up were baseless.

Police who spoke to Justice Kirby about his secret evidence to the Wood royal commission found nothing to substantiate allegations made against him.

In a brief statement to Parliament, Mr Costa said: "I'm advised that police have previously investigated information provided to them by Senator Heffernan. I'm advised these investigations did not warrant the laying of any charges in connection with the matters recently raised by the senator.

"If the senator has, or any other person has, allegations concerning serious criminal offences, they should put them to the NSW police. These matters will be investigated, irrespective of whom they concern.

"If any person has concerns about the impropriety or otherwise of police handling of any investigation they should refer those matters to the Police Integrity Commission. These concerns will also be investigated."

In his letter to Mr Ryan, addressed "My dear Peter", Senator Heffernan wrote: "You will no doubt be aware that last night I made a speech in the Senate raising serious issues surrounding alleged actions by a senior member of the judiciary.

"You will recall that I have previously provided relevant information to the NSW Police Service and have had numerous discussions with senior police officers."

His letter went on to say he had been advised that an allegation, involving a person aged 17 years and six months, had been "of serious concern to police", but would not meet "the technical prosecution guidelines of the NSW DPP".

"I again ask that these matters be further investigated. I am of course available to provide all of the information at my disposal to assist with such an investigation. I am sending a copy of this letter to the Prime Minister."

Mr Ryan's acting media adviser said that the commissioner was aware Senator Heffernan had tabled a letter to him in Parliament, but the letter had not yet been formally received.

Police had previously investigated information provided by Senator Heffernan. They could not comment any further because the allegations were made under parliamentary privilege.

The Leader of the Opposition, Kerry Chikarovski, said:

"Well, I was a little surprised about the allegations. And I suspect that Senator Heffernan will have to deal with the consequences of those allegations."