Gold Coast deputy mayor cleared of deception
by Kevin Meade
The Australian
September 22, 2006
GOLD Coast deputy mayor David Power was cleared today of a charge of misleading Queensland's Crime and Misconduct Comission.
Mr Power was prosecuted by the CMC in Brisbane Magistrates Court after an inquiry last year found the 2004 Gold Coast City Council election was corrupted by "secrecy, deceit and misinformation".
The deputy mayor admitted helping to organise a secret $150,000 fund for pro-development candidates.
But he denied the CMC's accusation that in a statement to the commission, he lied about the extent of his knowledge of how much money was raised and which candidates benefited.
Providing a false or misleading statement to the CMC carries a maximum penalty of 12 months jail.
Mr Power's lawyers argued he didn't have a case to answer because there was no evidence of Mr Power ever being notified of the details.
Mr Power set up the fund with the late councillor Sue Robbins.
The court had also been told Mr Power was an honest man who would never endanger his good reputation by lying to the CMC.
Magistrate John Lock said today he had "reasonable doubt" about the prosecution's claim Mr Power could recollect the individual fund amounts but did not tell the CMC about them.
"I am not convinced ... (that) he could be said to have knowingly misled the CMC,'' he said in a statement.
"The defendant is entitled to be acquitted ... in this instance I cannot be satisfied that the statements he made was to his knowledge false or misleading."
Outside court, Mr Power said he was happy with the outcome. The decision comes after prominent Gold Coast lawyer Anthony William Hickey was last month convicted and fined $6,375 for making false or misleading statements to the CMC.
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