Optimising the inquiry into child sex abuse

Effectively none; the Commissioners should be free to go where evidence takes them.

Australia's most successful inquiry, the Hon Gerald (Tony) Fitzgerald's into top-down corruption in Queensland during the Bjelkist regime, ended up with no terms of reference.

Commissioners: two non-lawyersand a lawyer-chairman

Untrained British judges invented a number of truth-defeating devices, including rules which conceal evidence and the incomprehensible jury formula, beyond reasonable doubt. Most were invented AFTER lawyers began to defend criminals in the 18^th century,

The devices make it relatively easy for rich criminals to get off, but are so ingrained in common lawyers that it is hard for them to recognise the truth. There should thus be three commissioners: a lawyer-chairman book-ended by two intelligent lay persons to identify the truth.

Among possible chairmen, Tony Fitzgerald, now 70, has the runs on the board.

The Commissioners should have the power to offer immunity from prosecution to some who confess, provided they tell the truth at the inquiry and later trials.

An organised criminal, police chief Sir (as he then was) Terry Lewis, told his colleagues they would be all right if they stuck together at the Fitzgerald inquiry, but Fitzgerald's offer of immunity caused a rush to the exits, notably Lewis's bagman, Jack Herbert. He gave evidence at 40 subsequent trials.

Staff: let legal bureaucrats eat carpet

There is a view that bureaucrats like to control information to suit their interests or those of their political masters. To avoid any such risk, the Commissioners must be able to choose their own staff. When Fitzgerald insisted on that, legal bureaucrats are said to have fallen to biting the carpet.

Counsel assisting

In France, a juge d'instruction (investigating judge) supervises police investigating major cases. A number of sharp lawyers will be required.