Five years after he was arrested, former mayor Luke Smith has admitted to several Crime and Corruption Commission charges. These included misconduct in public office, yet he has avoided jail.

Timothy Luke Smith, 53, was due to face trial in the Brisbane District Court last week, and again in August, but both matters were delisted, and he was arraigned on three charges instead.

On Tuesday March 7, Smith pleaded guilty to one count each of misconduct in relation to public office and failing in his obligation to update his register of interests.

Smith was also facing one count of official corruption, but instead pleaded guilty to the alternative charge of receiving a secret commission by an agent.

Smith corruptly received a boat from a party trying to influence his position in council between in 2016.

Smith had allegedly agreed to purchase the boat from a political donor, in return for his support to progress a development approval of a hotel and influence council in changing building height restrictions.

The misconduct charge involved him using his influence in council to favour the recruitment process of the council’s director Jane Frawley to benefit her.

Smith had deliberately not disclosed to the council chief executive officer of a matter of interest within the required reporting period of 30 days, which constitutes the third charge.

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.

Smith was given an 18-month sentence, wholly suspended and he was also ordered to carry out 120 hours of community service.

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