OFFICE OF THE ATTORNEY-GENERAL
- That on 5 March 1990 then Queensland Attorney-General the Hon Dean Wells MLA (the first law officer in the State of Queensland and guardian of the public interest) - in the absence of any contrary evidence as per the Cabinet Attendance Register - participated in the illegal shredding decision for the express purpose of deliberately denying a citizen his lawful rights, (notwithstanding covering up suspected child abuse) and thereafter participated in Cabinet discussions to defend the decision during its cover up lasting years; (See Points 190 & 193);
- That, as the Crown acts in perpetuity as the Fountain of Justice, a heavy duty may rest on any prospective procedural consideration of this Petition by the Office of the Attorney-General. The petitioner and public are aware that the current Queensland Attorney-General the Hon Matt Foley MLA participated in the debate on 4 March 1999 on this matter defeating an Opposition motion calling for a commission of inquiry. It was his undoubted right to speak and publicly put his considered view. However, having put his view against holding an inquiry in Parliament while holding Her Majesty's Queensland public office of Attorney-General and Minister for Justice, it might now be reasonably put that when performing his statutory role in any consideration of this Petition, (as Her Majesty's first law officer in the State of Queensland) that he may already be tainted or predisposed to a certain outcome. Accordingly, in the eyes of any reasonable person with knowledge of the facts, he may now find himself labouring under an unfortunate, unavoidable, but unacceptable, perception of bias in a matter (seen at its very least) of suspected official misconduct affecting the administration of justice in Queensland. To proceed under such circumstances may not serve the interests of justice, instill public confidence in the impartial administration of justice, or restore public confidence in our system of government, and therefore, with great respect to Her Majesty's Queensland Attorney-General the Hon Matt Foley MLA, he may have to disqualify himself from this matter and recommend and/or seek consideration of the Petition elsewhere. [See Livesey v New South Wales Bar Association  151 CLR 288 per Mason, Murphy, Brennan, Deane and Dawson JJ at 294-294; and Lord Denning in Metropolitan Properties Co. (F.G.C.) Ltd. v. Lannon (1969) 1 QB 577 at p599]. Under these unusual circumstances, it therefore gives sound cause, in the interests of justice and transparency in public office, for Parliament itself to appoint an independent Special Prosecutor (the person agreed to by the respective parties after consultation) who could act with full power and authority from outside the boundaries and constraints of the public administration of Queensland with sufficient resources to publicly examine, execute prosecutions where warranted and make findings and recommendations on the content of this Petition and related matters in order to finally resolve the Heiner Affair and to restore public confidence in the administration of justice in Queensland.