03/20/2002 "PM orders mate to say sorry"

PM orders mate to say sorry
- By MICHAEL HARVEY (Herald Sun)

JOHN Howard sacked his close ally Bill Heffernan last night as sexual impropriety accusations against a High Court judge collapsed.

In an embarrassing about-face, the Prime Minister ordered Senator Heffernan to quit as Cabinet secretary and apologise to Justice Michael Kirby.
The dumping came after key evidence Senator Heffernan had relied on was exposed as fake.

The allegations against Justice Kirby unravelled when Labor examined a Commonwealth car job sheet, which Senator Heffernan used as the basis for his claim that Justice Kirby trawled for male prostitutes in Sydney in 1994.

Several Labor MPs, whose name also appeared on the driver's record for the same day, used diaries to prove they were elsewhere on the day.

Moments before boarding a flight to London, Mr Howard revealed he had received "information" forcing him to cut his Cabinet secretary adrift.

"He owes Mr Justice Kirby an unqualified apology," the PM said.

Senator Heffernan will make a statement to the Senate as early as today.

Senator Heffernan triggered a political firestorm last week when he used parliamentary privilege to accuse Justice Kirby of trawling for young male prostitutes.

Justice Kirby said the claims were homophobic, false and absurd.

The extraordinary twist in the saga came after a copy of the alleged Comcar job sheet was published in a weekend Sydney newspaper.

Prominent Labor MP Laurie Brereton noticed his name on the copy of the alleged job sheet.

Dated April 2, 1994, it showed Mr Brereton as having used the same Comcar in Sydney as Justice Kirby that day.

But a check of his diaries revealed Mr Brereton was in the middle of an Easter holiday on Hayman Island.

"Inspector Clouseau could have worked out that this was a very funny job sheet for an Easter Saturday," Mr Brereton said.

"But it's clear to me that the record of me travelling in that job sheet is a fabrication," Mr Brereton said.

Last night, two other former political figures named in the document intensified doubt about its veracity.

Former Keating government treasurer John Dawkins said he was across the other side of the country on Easter Saturday, 1994.

"I was in Fremantle preparing for my daughter Alice's christening the following day," Mr Dawkins told the Herald Sun.

Former National Party leader Ian Sinclair said he was "90 per cent" certain he was on his farm in New South Wales.

"I am unable to locate my pre-1996 diaries but it is most unlikely I would have been in Sydney," he said. "I would have been at Bendemere (his farm)."

As political pressure gathered pace during the late afternoon, Mr Howard moved to distance himself from Senator Heffernan.

For the first time, the PM said he had repeatedly told the senator not to use Parliament to air his accusations about Justice Kirby.

"He would have been in no doubt that I really didn't want him to raise (the matter)," Mr Howard said.

Finally, in a last-minute press conference at Sydney airport, Mr Howard said he had received "information" that forced him to tell Senator Heffernan to quit as Cabinet secretary.

"I've also told Senator Heffernan he should make a detailed statement to the Senate tomorrow or the next day, whenever it is possible to do so," Mr Howard said.

"In the course of that statement I've told the senator that he owes Mr Justice Kirby an unqualified apology and have also indicated he should apologise to the Senate."

Mr Howard said he hoped the allegations would not affect Justice Kirby's performance in the High Court and said he expected the judge to continue serving until his retirement.

Mr Howard's action was in stark contrast to his statement last week that Senator Heffernan's accusations warranted police investigation.

Opposition Leader Simon Crean vowed to pursue Mr Howard's role in the affair.

"This is the right decision but it is five days late," Mr Crean said. "He has arrogantly stood by his friend rather than do the right thing."

Mr Crean said Senator Heffernan's resignation was demanded only because Labor had forced Mr Howard to be accountable.

"Senior ministers including the Prime Minister must now give a true account of what they knew."

Neither Senator Heffernan nor Justice Kirby was available for comment last night.

NSW Police Commissioner Peter Ryan finally received Senator Heffernan's supposed fresh evidence yesterday after a four-day wait.