Statement on Cr David Power and Mr Anthony Hickey

November 30 2006

Statement on Cr David Power and Mr Anthony Hickey

Gold Coast Deputy Mayor Cr David Power and lawyer Tony Hickey have been today charged with breaches of the Local Government Act in connection with the 2004 council elections.

Local Government Minister Andrew Fraser said the complaints and summonses were filed at Southport Magistrates Court this morning.

Mr Fraser said the charges were the culmination of a painstaking investigation by the department and Crown Law solicitors who had considered 348 exhibits and 2,200 pages of transcript over a detailed time-frame:

• May 11 2006: The Crime and Misconduct Commission report into the 2004 Gold Coast City Council elections is received and tabled in Parliament. On the same day, officers of the Department of Local Government and Planning seek legal advice on the prospects of successful prosecutions

• September 25: Crown Law conclude their thorough examination of the materials, providing a 186-page legal brief and recommendations

• October 18: Authorisation given for Crown Law to formally prepare a case against Cr Power and Mr Hickey

• November 13: Lawyers acting for Cr Power and Mr Hickey – at the suggestion of counsel – are given the opportunity to make further submissions or make their clients available for interviews. A deadline of November 30 is set, with clear advice that no extension will be granted

Mr Fraser said Cr Power has been charged under section 436(1) of the Act with not lodging an electoral return declaring donations made to a trust fund when he was the trust client.

“If convicted, he faces a maximum penalty of $1,500 and could be disqualified from council by the Magistrate,” Mr Fraser said.

He said Mr Hickey had been charged under section 436(3) of the Act with giving businessman Lionel Barden false or misleading information on a third-party electoral return.

“It is alleged Mr Hickey prepared the return listing donations that predated Mr Barden’s involvement as the trust client and should have been declared by Cr Power and the late Sue Robbins.

“If convicted, Mr Hickey faces a maximum penalty of $1,500 and could be disqualified as a council candidate for four years.”

He said proposed amendments to the Local Government Act introduced into State Parliament on Tuesday would put an end to hidden blocs in future council elections.

“You can’t legislate for honesty, but these changes will go a long way towards preventing a repetition of the deception many Gold Coast voters felt following the last election.

“The changes will also provide the community with better access to information about their councillor’s gifts and other interests, so potential conflicts can be identified.”

Media Contact: Chris Taylor 3227 8825 or 0419 710 874