03/25/2002 "Kirby 'evidence' confirmed fake"

Kirby 'evidence' confirmed fake
- Herald Sun

The Federal Government has confirmed the Commonwealth car records used as evidence in sex allegations against High Court Judge Michael Kirby were fake.

Special Minister of State Eric Abetz, who is responsible for the administration of the Commonwealth car service, said his department could not authenticate the document used against Justice Kirby.

Liberal Senator Bill Heffernan had used Comcar records from 1994 to back his claim that Justice Kirby had sought to pick up young male prostitutes in his government car.

But Senator Abetz confirmed the Comcar records sent to police by Senator Heffernan were not authentic. "The department has been unable to indicate the authenticity of the document," Senator Abetz told Parliament.

"My advice from the department is that they cannot authenticate the document."

Prime Minister John Howard has sacked Senator Heffernan as his cabinet secretary over the allegations, and has demanded Senator Heffernan apologise to Parliament.

Justice Kirby strongly denied Senator Heffernan's allegations, made up parliamentary privilege last week.
In the lower house today, Treasurer Peter Costello said he had no first hand knowledge of freedom of information requests made to Comcar by Senator Heffernan.

In the absence of Prime Minister John Howard, who is in London on Commonwealth business, Opposition Leader Simon Crean directed questions to Mr Costello.

"I refer to Senator Heffernan's disclosure last week that Comcar records had been refused to him under freedom of information," Mr Crean said.

"Can the Treasurer inform the house of any freedom of information requests made for Comcar records relating to Mr Justice Michael Kirby?"

"What was the result of these requests?" Mr Costello said he could indicate he had no first hand or
direct knowledge of freedom of information requests made for Comcar records. He said he had read in the press that Senator Heffernan had applied to Comcar and would have expected his request to be treated in accordance with the rules.