Flood victim 'may be charged over deaths'

A Grantham volunteer firefighter has told the ABC he may be charged over the deaths of his family members in the January floods.

Danny McGuire has said police are preparing to charge him over the deaths of his wife and two of his three children.

Mr McGuire said he'd been told police could charge him for driving an emergency vehicle causing death and driving an emergency vehicle while unlicensed, ABC Radio reports.

Queensland police say they're unaware of plans to charge a Grantham rural fire brigade volunteer over the
death of his family during the floods.

But he could be prosecuted for unlicensed driving, police said.

Mr McGuire lost his wife Llync, 31, eldest son Garry, 12, and daughter Jocelyn, 5, when they tried to escape in a fire truck as a wall of water hit the Lockyer Valley community. His seven-year-old son Zach survived.

The family's home was destroyed in the flood.

A police spokesman told AAP officers "are not aware of any information that would lead to charges against Mr McGuire relating to the death of his wife and children".

He said police would not speculate on whether the unlicensed driving charge would be pursued.

Police Minister Neil Roberts said although he sympathised with Mr McGuire's plight, he had to let the justice process take its course.

"We really do need to wait and see what the facts and circumstances are," Mr Roberts told the ABC.

Mr Roberts said there were provisions in the legislation to recognise special circumstances such as emergencies.

"A court will take into account all the circumstances, if in fact the matter does go to court," he said.

"Any matter that goes before the court, mitigating circumstances are considered.

"(I) feel for Mr McGuire on the basis of the tragic loss of his family and the tragic circumstances at Grantham but beyond that I really do need to allow the police to follow whatever course of action they feel is appropriate."

Deputy Premier and Attorney-General Paul Lucas told the ABC the police had "made it absolutely crystal clear that they have no intention of charging (Mr McGuire) with the death of his children".

"Regrettably sometimes in these terrible tragedies, people may have a view or misunderstanding ... but there is no suggestion, the police have made it clear, that they are contemplating any charges against Mr McGuire," he said.

He said the McGuire deaths would be subject to a coronial hearing, and the inquiry into the floods was ongoing.

"... why would there be a situation where the police would charge someone prior to that?" he said, saying Mr McGuire had been through a terrible ordeal.