A former Logan mayor has avoided time in jail after being handed a suspended sentence for corruption and misconduct offences while he held public office.
On Tuesday Timothy Luke Smith, 53, pleaded guilty to three offences, a day after he was due to face trial in the District Court in Brisbane.
He admitted to receiving a secret commission by an agent, failing to update his register of interests, and misconduct in relation to public office.
Smith was also facing one count of perjury, accused of knowingly giving false testimony at a public hearing, but this charge was discontinued.
During a sentencing hearing on Thursday, the court heard the first two charges related to Smith receiving a luxury boat from a developer, who was also one of his campaign donors, in 2016.
The court heard the developer had an application for a proposed building project in Springwood before council, which Smith had actively supported.
The ABC was first to reveal the charge, and its link to the gifting of a boat, in March 2018.
Smith had transferred the registration of the boat into his name, fixed extensive damage and took out insurance on it, then later sold it for $46,000 and kept the proceeds, the court heard.
But it was accepted by the prosecution that it was not considered a gift — rather an agreement for him to use it and recoup repair costs he had made from its sale.
Crown prosecutor Mark Green told the court that even though the development did not proceed, Smith still "acted corruptly" in accepting the boat as that "would tend to influence him to show or appear to show favour" to the company.
"However, it's accepted by the crown that none of the actions taken by the defendant in fact influenced the outcome of the development application or any part of the council business," Mr Green said.
The court heard Smith then deliberately avoided disclosing the receipt of the boat on his register of interests.
Actions 'undermined expected transparency'
Mr Green told the court the misconduct charge took place in 2017 and involved Smith interfering in the recruitment of Jane Frawley to help her secure a council director role.
"The defendant effectively misused his position in order to benefit his personal preference candidate," he said.
"His actions seriously undermined the expected transparency in the processes of employment for a senior position."
Mr Green told the court it was conceded that Ms Frawley had the "appropriate experience and qualifications", and employing her was ultimately a unanimous decision by a three-person interviewing panel, including Smith.
The court heard Smith had previously faced other offences brought against him by the Crime and Corruption Commission, which had been dropped in the past three years.
When handing down his sentence, Judge David Kent KC agreed with the prosecution's description of Smith's offending as damaging the public's confidence.
"It is particularly important that those who have the privilege, the honour and responsibility of an elected official should not abuse their position for their personal advantage," he said.
"They were serious breaches of your responsibilities as an elected official."
Judge Kent told the court he accepted Smith had a "degree of extra-curial punishment" since his first arrest.
"In losing your career, being criticised in the media and, generally, public disgrace," he said.
Other charges dropped after council sacked
In 2021, Smith and seven other former councillors had fraud charges against them thrown out before they reached trial.
Their arrests two years earlier had triggered the sacking of the entire council.
Smith's lawyer Jeffrey Hunter KC told the court his client's long-running legal issues had been "personally catastrophic" for him, pointing to his marriage breakdown, money problems and declining mental health.
"The fact that he held that high office, he's really gone from … rooster to a feather duster," Mr Hunter said.
Smith was given an 18-month sentence, wholly suspended.
He was also ordered to carry out 120 hours of community service.
Current Logan Mayor Darren Power, who was a councillor at the time of Smith's arrest, and had reported misconduct concerns to the CCC, said he was disappointed he had nothing to say to the community.
"It has cost the city a lot of money and obviously the spotlight has been put on Logan," he said.
"The good thing is [Smith] come forward and admitted his guilt but he should have apologised to residents, it's sent them back years."
Mr Power said the city could finally "move on" from that period and Smith would have "to live with himself".
"It's time of closure now," he said.
