A portfolio of internal Queensland government documents, which will form the basis for a police prosecution over the case, has been obtained by The Australian.

The Opposition Leader's critics, including senior Liberal and Nationals politicians, have claimed that the evidence was destroyed when the Goss Labor government in 1990 ordered the shredding of documents compiled by an inquiry headed by former magistrate Noel Heiner into Brisbane's John Oxley Youth Detention Centre. At the time of the shredding, Mr Rudd was chief-of-staff to premier Wayne Goss. His critics claim that Mr Rudd would have sanctioned the shredding and that as a result, the alleged rape victim was denied justice.

But Mr Heiner was commissioned to investigate the administration and operations of the centre, and has said since that he has no recollection of his inquiry examining the rape case.

The Goss government said the shredding was done on legal advice after the Heiner inquiry was dismantled because it had been inadequately constituted by the previous National Party government in November 1989.