03/18/2002 "I don't dislike gays -- Howard"

I don't dislike gays -- Howard
- By MICHAEL HARVEY, chief politics reporter (Herald Sun)

THE furore over judge sex claims has forced Prime Minister John Howard to deny that he dislikes homosexuals.

"I don't think anybody can find instances in my life where I have in any way discriminated against a person on the grounds of their homosexuality," Mr Howard said yesterday.
The gay community has accused the Government of a vendetta against High Court judge Michael Kirby.

Asked if he was a homophobe, the judge-accuser and prime ministerial confidant Senator Bill Heffernan replied "whoo-hoo" as he bolted away from reporters.

Senator Heffernan refused to apologise for his lurid accusations as a sombre Mr Howard defended his own attitude to gays.

"I regard myself as having a tolerant but conservative view about homosexuality," Mr Howard said.

"I don't think somebody's homosexuality should disqualify them from a position on the High Court.

"I don't think it should disqualify them from holding any position."

Senator Heffernan used parliamentary privilege this week to accuse Justice Kirby of using taxpayer-funded cars to pick up male prostitutes.

The judge was not a fit and proper person to sit in judgment of alleged pedophiles, he said.

Justice Kirby has rejected the allegations as absurd and homophobic falsities.

New South Wales police, who have already examined accusations raised by Senator Heffernan, were still waiting yesterday to receive new evidence.

The senator has sent them Commonwealth car records and a statutory declaration from a former male prostitute.

But Opposition Leader Simon Crean said police had already examined claims against Justice Kirby.

"This is Heffernan, condoned by the Prime Minister, pretending there is an issue when there's no evidence," Mr Crean said.

"Now he either puts up or shuts up but significantly to date, because he hasn't put up, the Prime Minister must sack him."

Mr Howard underscored the fact that the careers of both Senator Heffernan and Justice Kirby were on the line.

Even if Justice Kirby was found guilty of no crime, Mr Howard held out the prospect he may have to step down if guilty under the Constitution of "proved misbehaviour".

"A proven misbehaviour under the Constitution can take many forms and cover a lot of conduct," he said. "It's not defined."

As for Senator Heffernan, Mr Howard said he would have to be accountable if his accusations were proved baseless.

"Anybody who uses parliamentary privilege to talk about individual conduct of another citizen ultimately has to justify what is said," he said.

A former Commonwealth car driver, who gave his name as David, told Sydney radio yesterday that he fully supported Justice Kirby.

"I find the man a scholar and a gentleman," the man said.

NSW police yesterday said they had yet to receive any new evidence against Justice Kirby.

Police said they believed the documents, from Senator Heffernan, were in the post.

A spokesman said until they received the information, police could not comment on whether the Commonwealth car records or statutory declaration sent by Senator Heffernan would result in a fresh inquiry.

Senator Heffernan has stepped down as Cabinet secretary until the matter is resolved.