Australian senator axed over sex slur on judge

Sen. Bill Heffernan: made allegations under parliamentary privilege

SYDNEY, Australia -- Australian Prime Minister John Howard has ordered one of his closest political allies to resign over claims made in parliament that a respected high court judge had paid young male prostitutes for sex.

The conservative Australian politician, Sen. Bill Heffernan, admitted Monday he had wrongfully accused openly gay High Court judge Michael Kirby of trawling for sex with male "rent boys" and was asked to resign as Prime Minister John Howard's cabinet secretary.

Speaking in Parliament last Tuesday Heffernan accused Kirby of using government cars to pick up young male prostitutes in Sydney.

Because they were made in the chamber the comments came under the statutes of parliamentary privilege meaning Heffernan could make the accusation and the media could report it without fear of libel action.

The comments sparked outrage in Parliament and the legal community. Kirby, who is openly gay, denied the allegations and accused Heffernan of homophobia.

The opposition Labor Party said Monday that government car records cited by Heffernan to back up his claims had apparently been falsified, although it did not say who was responsible.

Apology

The allegation was enough for Howard to dump one of his closest advisers.

"As a result of information that was given to me this afternoon I've asked Senator Bill Heffernan to resign as parliamentary secretary," Howard said.

"I've also told Senator Heffernan he should make a detailed statement to the Senate tomorrow or the next day, whenever it is possible to do so," Howard was quoted as saying by the Australian Broadcasting Commission.

"In the course of that statement I've told the senator that he owes Mr Justice Kirby an unqualified apology and have also indicated he should apologize to the Senate," Howard said.

Heffernan had said last Wednesday he would not step down from the role -- in which he acts as an adviser to the Cabinet -- until his allegations against Kirby were dealt with by police.

New South Wales Police Minister Michael Costa told the state legislature last week that Heffernan had already made the claims to police in 1998.

They were investigated and dismissed without charges being laid.