6th April 2001
When Scott Balson was arrested for allegedly exposing now convicted Labor MP Bill D'Arcy as a paedophile on the Internet the media junket went into overdrive. Their interest in the case was driven by a vexatious complainant - The Courier-Mail who had initiated the complaint against Balson on the 27th July 1999. This News Limited Brisbane-based paper was smarting over revelations in Balson's book "Murder by Media" that it's reporting methods were less than honest.
The writer has attached a copy of the result of a long overdue Criminal Justice Commission enquiry into the double standards applying in the arrest of Balson and the lack of action in bringing The Bulletin to court for breaching the same Act (section 7 of the Criminal Law (Sexual Offences) Act 1978) when it named D'Arcy on 13th January 2000. Balson's book "Enemy of the State" reveals how the Attorney-General, Matt Foley, ordered Balson's arrest on July 29th 1999 just two days after The Courier-Mail lodged their complaint with the Office of Crown Law.
The attached CJC report raises two issues which should be of concern and interest to any reporter with a drop of ethical standing flowing through their veins.
The first is that it is now too late for The Bulletin to be charged. The QPS solicitor only lodging a response to the DPP on the 28th March 2001. This followed a request for an investigation into a complaint lodged by D'Arcy's lawyer - Terry O'Gorman on the 13th January 2000 - the day the police were asked to investigate the complaint. The 28th March 2001 is coincidentally the date that the police responded to the CJC enquiry prompted by the writer's complaint lodged over five months ago in October 2000.
The second is the fact that the CJC say (page 2) in their response when explaining the process leading up to charges that "The DPP provides advice having regard to evidence gathered during an investigation by the QPS. It is then in the discretion of the Attorney-General whether to give authority to commence proceedings."
The fact remains unchallenged that no police investigation was lodged before the writer was arrested, fingerprinted, photographed put in a cell and had his house and office searched on the 30th July 1999. The Attorney-General personally signed the authority to prosecute the writer on the 29th July 1999.
Full background to the greying of the separation of powers can be seen on-line at:
http://www.gwb.com.au/enemy.htm
The CJC has asked the police to investigate why it took so long for charges to be made against The Bulletin - while missing the key point - the disparity in the treatment meted out to Balson in comparison. The waters are becoming increasingly murky.
Media enquiries: Scott Balson phone 07 3201 1353