Gordon Richard Nuttall (born 13 June 1953) was an Australian politician found guilty of corruption in 2009 and jailed for seven years.^[1][2] He was a member of the Labor Party until he resigned in 2007.

[edit] Political career

Nuttall was elected as the member for the safe seat of Sandgate to the State Parliament of Queensland on 19 September 1992. He retired on 9 September 2006.^[3][4]

Before being elected to the Parliament he was an organiser for the Electrical Trades Union. Previously, he had been involved in controversy with Westpac Banking Corporation where he was employed as a teller.^[5]

He served in the Beattie Government as Parliamentary Secretary to the Premier for Multicultural Affairs (29 June 1998 - 17 February 2001), Minister for Industrial Relations (22 February 2001 - 12 February 2004) and Minister for Health, a senior portfolio in the Beattie Cabinet, (12 February 2004 - 28 July 2005).^[4]

In 2004 he attempted to become Deputy Premier with a plan to overthrow the then Premier, Peter Beattie.^[6]

In July 2005 he resigned as Health Minister following ongoing criticism of his handling of the, media-labelled, "Dr Death" scandal.^[7] The scandal involved a senior surgeon Jayant Patel, at the Bundaberg Base Hospital. Patel has been accused of the deaths of thirteen people and may be associated with as many as seventeen fatalities. Nuttall asserted responsibility lay with the administrators of the Bundaberg hospital for failing to monitor Dr Patel's activities.^[8] He later admitted he lied to a Queensland Parliamentary Estimates Committee about his knowledge of the scandal.^[9][10]

In a 2005 Cabinet reshuffle, he was appointed Minister for Primary Industries and Fisheries (28 July 2005 - 7 December 2005).^[4]

[edit] Convictions for corruption

On 28 August 2005, Nuttall announced he was standing aside from the Primary Industries and Fisheries portfolio while the Queensland Crime and Misconduct Commission (CMC) investigated his comments at the Estimates Committee. Although he briefly returned to his ministerial duties before the completion of the CMC inquiry, he was eventually forced to resign from the Cabinet. He retired from Parliament at the 9 September 2006 election. He was succeeded as the Member for Sandgate by Vicky Darling.

In 2006 the CMC also began an investigation into a series of suspicious loans Nuttall received from Queensland mining magnate, Ken Talbot. [2]

On 19 January 2007, the CMC charged Nuttall with corruptly receiving payments totalling close to $300,000 from Mr Talbot.^[11][12] He was also charged with receiving a secret commission, of $60,000 in 2002, from businessman and WorkCover Queensland director Harold Shand ^[13][14]

In December 2008, Nuttall appeared in the Brisbane Magistrates' Court and was committed to stand trial in the District Court of Queensland.^[15]

Ten years earlier, on 12 May 1998, Nuttall said of his benefactor, Talbot, in Parliament,

I now turn my attention to ... one Mr Ken Talbot, the chairman of Sunrise Mining (Queensland) Pty Ltd. Mr Talbot has an interesting track record. He is a former senior employee of Bond Coal, lead by one Alan Bond, who, of course, is currently serving a jail term for white collar fraud. Honourable members do not need to be reminded of the very close and personal links that existed between the now disgraced Mr Bond and his close associates, of whom Mr Talbot was one, and the corrupt National Party Government that was thrown out of office in 1989. Nor do honourable members need reminding of the days of deals done in brown paper bags between corrupt National Party figures and shady businesspeople of the ilk of Mr Talbot and Mr Bond.^[16]

On 29 June 2009, in the District Court of Queensland before Chief Judge Patsy Wolfe, Nuttall pleaded not guilty to 35 allegations he corruptly received money from Ken Talbot, and one charge of receiving a secret commission from Harold Shand.^[17][18][19]

On 15 July 2009, a jury of twelve retired to consider its verdict regarding the matters.^[20][21] After five hours of deliberation the jury unanimously returned 35 guilty verdicts on 35 counts of Nuttall corruptly receiving a total of $300,000 from Talbot between 2002 and 2005, and unanimously found him guilty of corruptly receiving $60,000 on 12 April 2002 from Shand.^{[1][22][23][24][25]} On 17 July 2009 he was sentenced to seven years jail.^[2][26]

The conviction spurred calls for a Royal Commission into relationships between big business and the Queensland Government.^[27][28][29] On 28 July 2009, Fitzgerald Inquiry head Tony Fitzgerald QC criticised the ethical standards of the Queensland government.^[30] On 1 August 2009, former Labor premier Wayne Goss echoed Mr Fitzgerald's concerns.^[31]

On 14 August 2009, Nuttall lodged an appeal against his July 2009 conviction and sentence.^[32]

[edit] More corruption charges

On 16 July 2009, the CMC revealed it had recommended to the Queensland Director of Public Prosecutions that the more serious charge of official corruption be laid against Nuttall over a separate alleged secret cash payment.^[33][34] The payment was allegedly from Queensland businessman Brendan McKennariey, involving a Queensland Health funded multi-million-dollar project that did not go to tender.^[35][36]

On 25 August 2009, Nuttall was charged with five counts of corruptly receiving payments from Brendan McKennariey, and five perjury charges over evidence he gave to a closed hearing at the CMC.^[37] The five corruption charges were alternatively prepared as secret commission charges.^[38] It is believed Mr McKennariey (whose daughter Joanne worked as a staffer in Nuttall's Sandgate electorate office) has been offered indemnity in exchange for his testimony against Nuttall.^[39]

On 9 September 2009, Nuttall appeared in Brisbane Magistrates Court charged with five counts of perjury, official corruption, and receiving payments totalling $152,700 from McKennariey between December 2001 and April 2006.^{[40][41][42][43]} On 5 October 2009, in the Brisbane Magistrates Court, it was decided Nuttall should face a committal hearing regarding the charges, beginning on 18 January 2010.^[44][45][46]

[edit] More allegations and house repossession

On 11 September 2009, reports emerged that two senior members of Nuttall's staff were sacked in 2002 after raising concerns to then premier Peter Beattie's office regarding Nuttall's awarding the McKennariey contract.^[47] Beattie dismissed the alleged complaint as "just a general whinge" by claiming the complaint was not taken to the CMC at the time.^[48][49][50]

On 24 September 2009, the CMC began further proceeds-of-crime action in Brisbane's Supreme Court to seize Nuttall's property at Woodgate, near Bundaberg. Proceedings are already underway to confiscate his Sandgate property. In total, the CMC is seeking to recover $595,980.^[51][52]

[edit] Issues in Sandgate Electorate

• Sale of iconic Sandgate Post Office

On 11 March 2003, with the patronage of Nuttall, the 19th century Queensland Heritage Council listed, publicly owned, Sandgate Post Office and land (over 2,000 m²) was sold to local developers without tender or advertising for $390,000 [3] [Commonwealth Senate - Official Hansard, No. 10, 2003 - Thursday, 11 September 2003 - (Pages 15067 to 15069)].

This was $35,000 less than the unimproved value. The property was re-surveyed and a reduced parcel of land (963 m²) housing the historic building was on-sold in December 2008 for $1.77 million (2.5 times the 2007 unimproved value).

• Patronised sale of public parkland for private development

In April 2001, local developers applied to the Queensland Department of Natural Resources and Mines to close Lagoon Street, Sandgate, and buy part of public parkland (Einbunpin Lagoon Reserve), adjoining Sandgate Post Office, in order to build a supermarket.

In July 2001, “after some 500 submissions” the Department of Natural Resources and Mines refused [Reference BRI/003338 Part 8] the developers’ application saying,

"It is the view of the Department that the area of road is used regularly by the public as a road and that the area of road provides continuity to a road network …" and, "It is the view of the Department that the part of … [Einbunpin Lagoon Parkland] … sought for purchase by the applicants is needed for community purposes …" and, "... For these reasons it has been approved to refuse the application in terms of Section 101(3) of the Land Act 1994."

The developers’ property manager, Mr Mark Tocchini, appealed the decision to the Minister for Natural Resources & Mines, Stephen Robertson. On 10 July 2001, the Minister replied [Ref 1/01/00387 CTS 02789/01] saying,

"I believe I cannot assist you any further, I cannot see any reason for us to meet at this time. Your clients’ only avenue is by using the Judicial Review through the Supreme Court of Queensland."

On 11 July 2001, (The following day), Nuttall wrote to Minister Robertson saying,

"Dear Stephen Steve,

I am writing further to our telephone call this morning regarding your agreement to visit my electorate and meet with the developers of a proposed shopping center development in Sandgate."

A Dept of Natural Resources and Mines 'File Note' dated 22 August 2001 states,

"Re: Meeting on site at Lagoon Street Sandgate between: Stephen Robertson (Minister for Natural Resources and Mines), Gordon Nuttall (Minister for Industrial Relations and Member for Sandgate), Paul McClelland Operations Manager Brisbane, Mark Forbes Developer, Martin Cross Developer"

The 'Note' finishes saying,

"At the end of the meeting the Minister [Stephen Robertson] wished the developers well with their development."

The supermarket was officially opened by Treasurer and Member for Lilley, Wayne Swan in 2009. [4]

• Closure of Sandgate Community Centre

The Sandgate Community Centre was occupying part of the 'old ambulance station' in Burnett Place, Sandgate. Minister Judy Spence had offered it, in perpetuity, to the community for a peppercorn rent.

Nuttall complained that some members of the 'community centre' publicly opposed the sale of public land (part of Einbunpin Lagoon Reserve) to build a supermarket.

Nuttall affected the closure of the centre.

The usually conservative editor of the local Bayside and Northern Suburbs Star newspaper Ren Zwiers, on 6 November 2002, in an editorial titled “A lack of ethics prevails”, regarding the centre's closure, said,

“This act has hit rock bottom in the ethics' department even by average political standards.”

The public building and crown land was sold for private development.

• Other matters

In 1993, Nuttall sold his Sandgate residence to a construction company. In 1998, the re-surveyed and re-developed property was on-sold to one of the patronised developers.

[edit] See also

• Members of the Queensland Legislative Assembly, 1992–1995
• Members of the Queensland Legislative Assembly, 1995–1998
• Members of the Queensland Legislative Assembly, 1998–2001
• Members of the Queensland Legislative Assembly, 2001–2004
• Members of the Queensland Legislative Assembly, 2004–2006

[edit] External links

• Ministers run riot: remembering QLD under Beattie --- Crikey - Editorial (16 July 2009)
• Old Mates' Act --- The Australian - Andrew Fraser (16 July 2009)
• Edited version of Chief Judge Patsy Wolfe's sentencing remarks --- The Courier Mail (17 July 2009)
• Gordon Nuttall case sparks debate about politics of trust --- The Courier Mail - Craig Johnstone (17 July 2009)
• Political circus rolls on after Gordon Nuttall case --- The Courier Mail - Steven Wardill (17 July 2009)
• Sunshine state hasn't shaken shady past --- The Australian - Scott Prasser (17 July 2009)
• Gordon Nuttall case - A lesson for Queensland politics --- The Courier Mail - Editorial (18 July 2009)
• Changing a culture --- The Australian - Editorial (18 Jully 2009)
• Peter Beattie - My Government had its Judas --- The Courier Mail - Peter Beattie (18 July 2009)
• Queensland corruption row deepens --- ABC News (31 July 2009)
• Drawing back the curtain of deceit --- ABC News - Quentin Dempster (31 July 2009)
• Gordon Nuttall: tip of the corruption iceberg --- Green Left Online - Mike Crook (2 August 2009)
• No joke: Qld's anti-corruption system a hit worldwide --- ABC News - Ian Townsend (9 October 2009)
• Controlling corruption --- ABC Radio Naional - 'Background Briefing' - Ian Townsend (11 October 2009)

[edit] References