In his 1994 book Menzies’ Child — The Liberal Party of Australia 1944 – 1994, executive director of The Sydney Institute Gerard Henderson strongly asserts that former Prime Minister Malcolm Fraser’s memory of the events surrounding then Governor-General John Kerr’s conduct during the Dismissal is wrong.

Fraser asserts that Kerr made a phone call to him on the morning of the dismissal discussing what he would do if he was commissioned as Prime Minister, including, among other things, details about the Budget Bills and the timing of a double dissolution election.

Kerr later denied that this phone call ever took place. Henderson repeats that assertion in his book, namely on the basis of a handwritten note by John Kerr, dated November 16, and comments that Kerr said to Henderson between 1987 and 1991.

Upon obtaining a copy of Malcolm Fraser and Margaret Simons’ new book Malcolm Fraser: The Political Memoirs, Henderson began to correspond with Simons over the events in question, Fraser’s handwritten note recording the conversation and Kerr’s note of events.

These are those letters, and this is his story. Crikey presents The Henderson Letters:

On 23/02/2010, at 11:45 AM, “Gerard Henderson” wrote:

Margaret,

I look forward to you addressing The Sydney Institute on Malcolm Fraser: The Political Memoirs on Tuesday 23 March.

I obtained a copy of your book yesterday and will read it soon. At the moment I am delving into chapters which are of particular interest. Hence this note.

At Page 304 you refer to a note which records a phone conversation between John Kerr and Malcolm Fraser which took place at 9:55 am on 11 November 1975. You write that this “piece of paper remains in Fraser’s possession today”:

It would be appreciated if you could answer the following questions, viz:

1. Did you see the note?

2. Assuming that you did see this note, why are there no direct quotes from it in your book?

3. Did Mr Fraser decline to allow you to quote from this note?

4. If so, what would be the reason for refusing permission to quote form a note which is close to four decades old?

Best wishes

Gerard Henderson

Gerard Henderson

Executive Director

The Sydney Institute

From: Margaret Simons […]

Sent: Tuesday, 23 February 2010 1:21 PM

To: Gerard Henderson

Subject: Re:

Hi Gerard on the move so a brief reply. Yes I saw the note — handled the original and took a copy. The note is reproduced as a photographic plate in the book. There were no restrictions placed on me so far as quoting is concerned. I don’t have a copy of the book on me at the moment but from memory I described the contents and of course the plate is there for people to see.

Cheers Margaret

Sent from my mobile

On 23/02/2010, at 3:20 PM, “Gerard Henderson” wrote:

Margaret

Thanks. I had not checked the illustrations when I sent my note to you earlier today.

It is an observable fact that the handwriting and the pen used on the note differ. The points numbered 1 to 5 are lighter and more scrawled — whereas the time, date and signature are neater and darker.

I wonder whether you and/or Malcolm Fraser have an explanation for this.

Best wishes

Gerard Henderson

From: Margaret Simons […]

Sent: Tuesday, 23 February 2010 6:14 PM

To: Gerard Henderson

Subject: Re: RE:

Malcolm put the time and date on the note later — he believes after the joint party meeting that immediately followed the call.

Sent from my mobile

From: Gerard Henderson [mailto:…]

Sent: Wednesday, 24 February 2010 10:57 AM

To: ‘Margaret Simons’

Subject: RE: RE:

Thanks — so the dating of the note turns on the accuracy of Malcolm Fraser’s memory.

This section of your book relies a lot on memory.

In view of the serious allegations made against John Kerr in this instance, it is unfortunate that you did not see fit to examine all the evidence — some of which is contained in my book Menzies Child: The Liberal Party of Australia (which is not cited in your bibliography).

I may cover this in next Friday’s Media Watch Dog.

Looking forward to seeing you at the Institute on 23 March.

Best wishes

Gerard

From: Margaret Simons [mailto:Margaret@margaretsimons.com.au]

Sent: Wednesday, 24 February 2010 8:52 PM

To: ‘Gerard Henderson’

Subject: RE: RE:

Hi again Gerard.

I have read your book, though it is true it was not a reference for this work. I did of course refer to Kerr’s memoirs.

I have just reread the relevant pages of Menzies’ Child. The weight of evidence is clearly on Fraser’s side.

As he says, Kerr signalled with the phone call that he was going to act — to force a resolution — but as stated in the book it was certainly in Fraser’s mind that the result might be an election which Whitlam would contest as PM.

On your account Kerr’s note was written on 16 November. Fraser’s was written on the 11 November. In support of this, we have not only Fraser’s memory, but that of his principal private secretary, Dale Budd, who recalls late in the afternoon of the 11th seeing the note on Fraser’s desk, “signed and marked to show they had been made at 9.55am.” Which supports Fraser’s memory that he added the date and time on the same day that he made the note. (pg 48 of The Dismissal, Edited by Sybil Nolan, MUP 2005.)

Not a huge amount turns on this. Nobody, at this distance, is suggesting that Kerr did anything improper in making the call. Fraser certainly is not.

He is saying that Kerr reacted to pressure in denying the substance of the call.

Another possible explanation is that it was Kerr whose memory of that dramatic day was at fault.

I might beat you to publishing this correspondence by offering it to Crikey.

See you on the 23rd.

Cheers Margaret