267:. In a 1996 paper, he wrote "The two men were convicted and imprisoned by Parliament for contempt of Parliament without being given an opportunity to address Parliament on the question of their guilt or innocence. They were convicted in absentia, in the absence of any specification in the warrant of commitment of the nature of the breach of privilege of which they were convicted, and after they were denied representation by counsel who was to appear on their behalf in the Committee of Privileges and in the House. As counsel who was refused leave to appear, my sense of outrage over Parliament's denial of due process and natural justice remains undimmed after a lapse of 40 years".
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at the time) appeared before the committee and were questioned by its members. The
Committee report, presented to the House of Representatives on 8 June 1955, concluded that a breach of privilege had occurred and recommended that the House take appropriate action.
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businessman and political rival of Morgan. Morgan ended his speech by moving that the newspaper article be referred to the House of
Representatives Standing Committee of Privileges (the "Privileges Committee") for investigation. The House approved the motion.
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The House determined that Browne and
Fitzpatrick be required to appear before the Bar of the Chamber on 10 June 1955 to answer the charges brought against them. Having heard statements from both men, the House, on a motion from
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In an article headed "MHR and
Immigration Racket", it was alleged that Morgan, a lawyer before entering Parliament, had engaged in corrupt schemes involving refugee migration from
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From 1944 until 1987, all meetings of the
Privileges Committee were held behind closed doors, and none of the evidence or other material it considered was made public.
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It was the first time anyone had ever been called to the Bar of the lower house, and it was the only time the
Parliament has ever jailed anyone.
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Anthony Mason, 'A New
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Over the ensuing weeks, the
Privileges Committee met on a number of occasions to deal with the matter. Morgan, Fitzpatrick and
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In
December 2000, the Parliament voted to publish the evidence from the Browne-Fitzpatrick case, and it is now held in the
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considered an appeal on 22 and 24 June 1955, but the matter was dismissed. Browne and
Fitzpatrick applied to the
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for leave to appeal against the High Court's judgment, but leave was refused. The sentences were served in the
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for 28 April 1955 had impugned his personal honour and challenged his fitness to be a Member of Parliament.
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357:"National Archives of Australia, The Browne–Fitzpatrick privilege case, 1955 – Fact sheet 204"
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Moore, Andrew (2012). "The Apostasy of Allan Fraser: The ALP and Civil Liberties in 1955".
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that included the Reid electorate, was owned by Raymond Edward Fitzpatrick, a
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has described it as the House using its new mace to swat two blowflies.
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240:police lock-up (while appeals were pending) and
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55:"Browne–Fitzpatrick privilege case, 1955"
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430:1955 in Australian law
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199:Privileges Committee
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255:Impact on observers
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271:Documents released
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367:30 March
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