Gordon Nuttall Explained

Gordon Nuttall
Constituency Am5:Sandgate
Assembly5:Queensland Legislative
Term Start5:19 September 1992
Term End5:9 September 2006
Predecessor5:Nev Warburton
Successor5:Vicky Darling
Office2:Queensland Minister for Industrial Relations
Premier2:Peter Beattie
Term Start2:22 February 2001
Term End2:12 February 2004
Successor2:John Mickel
Office3:Queensland Minister for Health
Premier3:Peter Beattie
Term Start3:12 February 2004
Term End3:28 July 2005
Successor3:Stephen Robertson
Office4:Queensland Minister for Primary Industries and Fisheries
Premier4:Peter Beattie
Term Start4:28 July 2005
Term End4:7 December 2005
Birth Date:13 June 1953
Birth Place:Brisbane, Queensland, Australia
Birthname:Gordon Richard Nuttall
Nationality:Australian
Party:Labor
Occupation:State Organiser for the Queensland Branch of the Electrical Trades Union

Gordon Richard Nuttall (born 13 June 1953) is an Australian former politician who represented Sandgate in the Queensland Parliament from 1992 to 2006.He was a member of the Labor Party and served as a minister in the Beattie Ministry from 2001 to 2005. In 2009 he was found guilty of corruptly receiving secret commissions during his time in office and jailed for seven years.[1] [2] [3] [4] In 2010, he was found guilty of five charges of official corruption and five charges of perjury and, ultimately, jailed for an additional seven years,[5] the longest jail term for corruption handed to a Commonwealth politician.[6] He was released on parole in July 2015.[7]

Political career

Nuttall won the seat of Sandgate at the 1992 state election as the Labor candidate, succeeding the retiring former Labor Opposition leader, Nev Warburton. He was previously an organiser for the Electrical Trades Union.[8]

He served in the Beattie Ministry as:

In 2004 he attempted to become Deputy Premier with a plan to overthrow the Premier at the time, Peter Beattie.However, a leadership challenge received no support from then Deputy Premier Anna Bligh, whom Nuttall proposed as the new Premier. Ms Bligh later said, "I didn't see it as any serious proposition that would have received any support from my colleagues and it didn't receive any support from myself."[9] [10]

In July 2005, he resigned as Minister for Health following media exposure of problems at Bundaberg Base Hospital. In June 2010, following a number of investigations, the hospital's director of surgery, Jayant Patel, was convicted and jailed for seven years on three counts of manslaughter and one count of grievous bodily harm to patients in his care.[11] Nuttall blamed the system he had inherited as well as the administrators at the hospital for the situation which had arisen, but ultimately stepped down from the health portfolio. Premier Peter Beattie opted to take over the portfolio himself, relocating Nuttall to the primary industries and fisheries portfolio.[8] [12]

In August 2005, Nuttall stepped aside from the Ministry while the Crime and Misconduct Commission (CMC) investigated claims he had given a false answer to a Parliamentary estimates committee regarding his prior knowledge of problems with overseas-trained doctors. The Commission reported back in December 2005, recommending the Attorney-General prosecute Nuttall under section 57 of the Criminal Code.[13] The prosecution was not proceeded with; the government decided to revoke the relevant section of the Criminal Code so Parliament could deal with such matters itself under contempt of parliament provisions.[14]

Nuttall resigned from the Ministry on 7 December 2005 and retired from Parliament at the September 2006 election.[8] He resigned from the Labor Party on 12 December 2006 before he was referred to the party's Disputes Tribunal, which could have expelled him.[15]

Corruption investigation

Initial charges and imprisonment

In 2006 the CMC also began an investigation into a series of loans Nuttall received from Queensland mining magnate Ken Talbot.[16] On 19 January 2007, the CMC charged Nuttall with 35 counts of corruptly receiving payments totalling almost $300,000 from Talbot between 2002 and 2005.[17] [18] Nuttall was later charged with receiving a further secret commission of $60,000 in 2002 from businessman and WorkCover Queensland director Harold Shand.[19] [20] Talbot and Shand were also charged over the alleged secret commissions.

Nuttall was committed to stand trial in December 2008.[21] In June 2009, he pleaded not guilty to all charges before the District Court.[22] On 15 July 2009, a jury convicted him on all 36 charges, and on 17 July he was sentenced to seven years' jail with a non-parole period of two and a half years.[1] [2] [23]

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

On 14 August 2009, Nuttall lodged an appeal against his July 2009 conviction and sentence.[24] On 12 February 2010, his appeal against conviction and sentence was heard in the Supreme Court of Queensland. On 23 March 2010, his appeal against conviction was dismissed, and his application for leave to appeal against sentence was refused.[25]

In June 2010, Talbot died in an aircraft accident in Africa and charges against him were dropped. In 2011, Shand was convicted of paying Nuttall a secret commission and sentenced to 15 months jail.[26]

Further convictions and appearance before bar of parliament

On 16 July 2009, the CMC recommended 10 new charges relating to alleged secret cash payments to Nuttall totalling $152,700 from businessman Brendan McKennariey, between December 2001 and April 2006, regarding a government-funded project subcontracted to McKennariey. Nuttall was also charged with five counts of perjury relating to his evidence at a CMC closed hearing.[27] [28]

On 11 October 2010, in the Brisbane District Court, Nuttall pleaded not guilty to five charges of official corruption, five alternate charges of receiving secret commissions and five counts of perjury.[29] [30] [31] [32] [33] On 12 October 2010, McKennariey gave evidence for the Crown.[34] [35] [36] On 27 October 2010, a jury found Nuttall guilty of five charges of official corruption and five charges of perjury.[37] [38] On 16 December 2010, he was sentenced to a further five years imprisonment.[39] On 17 January 2011, the Queensland Government announced it would appeal the "inadequacy" of the sentence.[40] The appeal was heard in the Queensland Court of Appeal on 10 May 2011.[41] [42] On 7 June 2011, the appeal was upheld and an extra two years jail was handed down, extending his non-parole period to July 2015.[43] [44]

On 12 May 2011, Nuttall was brought before the bar of parliament to answer 41 charges of contempt of parliament for non-disclosure, as a member of parliament, of pecuniary interests totalling $368,866.55. Parliament found him to have been contemptuous and fined him $82,000.[45] [46] [47]

Confiscations of property

On 24 September 2009, the CMC commenced actions in the Supreme Court of Queensland under Queensland's Criminal Proceeds Confiscation Act 2002 to seize a property owned by Nuttall at Woodgate, near Bundaberg, having already initiated action to seize another property at Sandgate.[48] [49] On 12 July 2010, the Supreme Court ordered Nuttall to repay $454,000 deemed to be "proceeds of crime" to the state of Queensland and also ordered him to pay the Government's legal costs of $42,000.[50] [51] [52] The legal principle for the property seizure is known colloquially as the proceeds of crime. As at July 2016 the Queensland government launched proceedings to reclaim Nutall's pension scheme account.[53]

Notes and References

  1. Web site: Nuttall found guilty of corruption . ABC News . 15 July 2009 . 20 July 2009 . https://web.archive.org/web/20090718105430/http://www.abc.net.au/news/stories/2009/07/15/2626845.htm# . 18 July 2009 . live.
  2. Web site: Nuttall jailed for 7 years . ABC News . 17 July 2009 . 20 July 2009.
  3. http://news.smh.com.au/breaking-news-national/jury-finds-nuttall-guilty-of-corruption-20101027-17363.html Jury finds Nuttall guilty of corruption
  4. http://www.abc.net.au/news/stories/2010/10/27/3049695.htm Gordon Nuttall: From MP to inmate
  5. http://news.smh.com.au/breaking-news-national/nuttall-get-two-more-years-jail-20110607-1fpzz.html Nuttall gets two more years jail
  6. http://www.couriermail.com.au/news/queensland/more-jail-time-for-corrupt-government-minister-gordon-nuttall/story-e6freoof-1225972060941 More jail time for corrupt government minister Gordon Nuttall
  7. News: Gordon Nuttall: Former Queensland Labor MP released from Queensland jail on parole. 19 July 2015. Australian Broadcasting Corporation. 20 July 2015. https://web.archive.org/web/20150720071427/http://www.abc.net.au/news/2015-07-20/gordon-nuttall-released-from-qld-jail-on-parole/6630656#. 20 July 2015. live.
  8. Web site: Gordon Nuttall . Queensland Parliamentary Library . 2005 . 20 July 2009 . dead . https://web.archive.org/web/20110610213754/http://www.parliament.qld.gov.au/view/legislativeAssembly/documents/memberBio/NuttallGordon.htm . 10 June 2011.
  9. Web site: How Gordon Nuttall plotted to topple the Premier. The Advertiser. 18 June 2009. 10 July 2010. https://web.archive.org/web/20120523195218/http://www.adelaidenow.com.au/news/national/how-gordon-nuttall-plotted-to-topple-the-premier/story-e6frea8c-1225751810449#. 23 May 2012. live.
  10. News: Nuttall planned 'overthrow of Beattie' . smh.com.au – Sydney Morning Herald . 11 December 2006 . 10 July 2010 . https://web.archive.org/web/20121106151004/http://www.smh.com.au/news/National/Nuttall-planned-overthrow-of-Beattie/2006/12/11/1165685610759.html# . 6 November 2012 . live.
  11. http://www.abc.net.au/news/stories/2010/07/01/2942354.htm Patel jailed for 7 years
  12. News: Patel scandal fells an ailing minister . The Sydney Morning Herald. 23 July 2005 . 20 July 2009 . https://web.archive.org/web/20121106132239/http://www.smh.com.au/articles/2005/07/22/1121539154803.html# . 6 November 2012 . live.
  13. Web site: Allegations concerning the Honourable Gordon Nuttall MP: Report of a CMC Investigation . Crime and Misconduct Commission Queensland . December 2005 . 20 July 2009 . dead . https://web.archive.org/web/20090703232929/http://www.parliament.qld.gov.au/view/publications/documents/other/Nuttall.pdf . 3 July 2009.
  14. News: MPs cleared to lie in parliament. The Age. 26 May 2006. 22 July 2010. Melbourne. https://web.archive.org/web/20121105135300/http://www.theage.com.au/articles/2006/05/26/1148524862032.html#. 5 November 2012. live.
  15. Web site: Nuttall jumps ship before being pushed . ABC News . 12 December 2006 . 20 July 2009 . https://archive.today/20120712142138/http://abc.gov.au/news/stories/2006/12/12/1810074.htm# . 12 July 2012 . live.
  16. .Doc released by court – Transcript of (part of) Nuttall's CMC interrogation.
  17. Web site: Former Minister and Queensland businessman face charges . Crime and Misconduct Commission Queensland . 19 January 2007 . 20 July 2009 . https://web.archive.org/web/20070928094423/http://www.cmc.qld.gov.au/asp/index.asp?pgid=10814&cid=5201&id=981 . 28 September 2007 . dead.
  18. Web site: CMC charges Nuttall . ABC News . 19 January 2007 . 20 July 2009 . https://web.archive.org/web/20070121034926/http://www.abc.net.au/news/newsitems/200701/s1829913.htm . 21 January 2007 . dead.
  19. Web site: Former minister and lawyer face charges . Crime and Misconduct Commission Queensland . 4 December 2007 . 20 July 2009 . https://web.archive.org/web/20110706122144/http://www.cmc.qld.gov.au/asp/index.asp?pgid=10814&cid=5201&id=1027# . 6 July 2011 . live.
  20. News: Top bureaucrat in Nuttall corruption probe . The Australian . 5 December 2007 . 20 July 2009 . Renee . Viellaris . https://web.archive.org/web/20090721023810/http://www.news.com.au/couriermail/story/0,23739,22871870-952,00.html# . 21 July 2009 . live.
  21. Web site: Gordon Nuttall committed to stand trial on further corruption charge . The Australian . 8 December 2008 . 20 July 2009 . https://web.archive.org/web/20081211114931/http://www.theaustralian.news.com.au/story/0,25197,24767124-2702,00.html . 11 December 2008 . dead.
  22. Web site: Nuttall corruption trial underway . ABC News . Jason Rawlins . 29 June 2009 . 20 July 2009 . https://web.archive.org/web/20110605232936/http://abc.com.au/news/stories/2009/06/29/2611053.htm# . 5 June 2011 . live.
  23. Web site: Former minister guilty of corruption . The Australian . 15 July 2009 . 20 July 2009 . https://web.archive.org/web/20090718212945/http://www.theaustralian.news.com.au/story/0,25197,25786136-12377,00.html . 18 July 2009 . dead.
  24. http://www.news.com.au/couriermail/story/0,23739,25927692-5003402,00.html Nuttall appeals jail sentence
  25. Web site: StackPath. archive.sclqld.org.au.
  26. Web site: Shand jailed over Nuttall payment . ABC News . 1 April 2011 . 10 April 2011 . https://web.archive.org/web/20110405001806/http://www.abc.net.au/news/stories/2011/04/01/3179945.htm# . 5 April 2011 . live.
  27. News: Gordon Nuttall to face 10 extra charges . Osborne . Paul . Dunlevy . Gabrielle . 25 August 2009 . . 20 July 2010 . . https://web.archive.org/web/20120503095206/http://news.smh.com.au/breaking-news-national/gordon-nuttall-to-face-10-extra-charges-20090825-ex5z.html# . 3 May 2012 . live.
  28. News: Nuttall faces more corruption charges . ABC News Online . 25 August 2009 . 20 July 2010 . . https://web.archive.org/web/20100129213450/http://www.abc.net.au/news/stories/2009/08/25/2666006.htm# . 29 January 2010 . live.
  29. News: Nuttall pleads not guilty to corruption . . 11 October 2010 . 11 October 2010 . Fairfax Media.
  30. News: Nuttall pleads not guilty . ABC News Online . 11 October 2010 . 11 October 2010 . . https://web.archive.org/web/20101014164010/http://www.abc.net.au/news/stories/2010/10/11/3034942.htm# . 14 October 2010 . live.
  31. News: Court hears of Nuttall payment deal . The Courier-Mail . Mark . Oberhardt . 11 October 2010 . 11 October 2010 . https://web.archive.org/web/20120425212445/http://www.couriermail.com.au/news/court-hears-of-nuttall-payment-deal/story-e6freon6-1225937119899# . 25 April 2012 . live.
  32. News: Nuttall's 'game of nods and winks' . Brisbane Times . Amelia . Bentley . 11 October 2010 . 11 October 2010 . https://web.archive.org/web/20101014162454/http://www.brisbanetimes.com.au/queensland/nuttalls-game-of-nods-and-winks-20101011-16f2c.html# . 14 October 2010 . live.
  33. Web site: Footy trip cash paid Nuttall, court told . . 11 October 2010 . 11 October 2010 . . https://web.archive.org/web/20101015054807/http://news.smh.com.au/breaking-news-national/footy-trip-cash-paid-nuttall-court-told-20101011-16f41.html# . 15 October 2010 . live.
  34. News: Corruption trial told Nuttall, McKennariey shared profits . ABC News Online . Meg . Purtell . 12 October 2010 . 12 October 2010 . https://web.archive.org/web/20101024211944/http://www.abc.net.au/news/stories/2010/10/12/3036200.htm# . 24 October 2010 . live.
  35. News: Brendan McKennariey tells court Gordon Nuttall to pocket a third of profits from his dept project . The Courier Mail . Mark . Oberhardt . 12 October 2010 . 12 October 2010 . https://web.archive.org/web/20120609125340/http://www.couriermail.com.au/news/brendan-mckennariey-tells-court-gordon-nuttall-to-pocket-a-third-of-profits-from-his-dept-project/story-e6freon6-1225937690831# . 9 June 2012 . live.
  36. News: Scrawled calculation points to Nuttall corruption: Prosecutors . Brisbane Times . Amelia . Bentley . 12 October 2010 . 12 October 2010 . https://web.archive.org/web/20101015160434/http://www.brisbanetimes.com.au/queensland/scrawled-calculation-points-to-nuttall-corruption-prosecutors-20101012-16hko.html# . 15 October 2010 . live.
  37. http://news.smh.com.au/breaking-news-national/jury-finds-nuttall-guilty-of-corruption-20101027-17363.html Jury finds Nuttall guilty of corruption
  38. http://www.abc.net.au/news/stories/2010/10/27/3049695.htm Gordon Nuttall: From MP to inmate
  39. http://www.abc.net.au/news/stories/2010/12/16/3094810.htm Nuttall's sentence increased to 12 years
  40. http://www.couriermail.com.au/news/queensland/nuttall-on-notice-as-a-g-appeals-penalty/story-e6freoof-1225989863325 Nuttall on notice as A-G appeals penalty
  41. http://www.abc.net.au/news/stories/2011/05/10/3212711.htm 'Narcissist' Nuttall should be jailed for longer: court
  42. http://www.couriermail.com.au/news/attorney-generals-appeal-aims-to-increase-gordon-nuttalls-sentence/story-e6freon6-1226052983135 Attorney General's appeal aims to increase Gordon Nuttall's sentence
  43. http://www.abc.net.au/news/stories/2011/06/07/3237569.htm Nuttall gets more jail time after appeal
  44. http://archive.sclqld.org.au/qjudgment/2011/QCA11-120.pdf Supreme Court of Queensland – R v Nuttall; ex parte A-G (Qld) (2011) QCA 120
  45. http://www.parliament.qld.gov.au/view/legislativeAssembly/Hansard/documents/2011.pdf/2011_05_12_WEEKLY.pdf Hansard – Queensland Parliament (Record of Proceedings)
  46. http://www.theage.com.au/national/disgraced-minister-sorry-sort-of-20110512-1ekpe.html Disgraced minister sorry, sort of
  47. http://www.abc.net.au/news/stories/2011/05/12/3215307.htm Parliament votes to fine Nuttall
  48. http://www.cmc.qld.gov.au/data/portal/00000005/content/96701001133482241700.pdf Recovering the Proceeds of Crime – Fact Sheet
  49. http://www.abc.net.au/news/stories/2009/09/25/2696000.htm 'CMC lodges court action against Nuttall'
  50. http://www.theaustralian.com.au/news/breaking-news/gordon-nuttall-ordered-to-repay-corrupt-money/story-fn3dxity-1225890834721 'Gordon Nuttall ordered to repay corrupt money'
  51. http://www.abc.net.au/news/stories/2010/07/12/2951119.htm?section=justin 'Nuttall ordered to pay nearly $500,000'
  52. http://news.smh.com.au/breaking-news-national/nuttall-ordered-to-repay-corrupt-money-20100712-10742.html 'Nuttall ordered to repay corrupt money'
  53. News: Gordon Nuttall: Queensland Government wants disgraced minister's superannuation. 12 July 2016. Australian Broadcasting Corporation. 14 July 2016. https://web.archive.org/web/20160715075356/http://www.abc.net.au/news/2016-07-12/queensland-govt-fights-to-recover-gordon-nuttall-superannuation/7622684#. 15 July 2016. live.

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