former NSW police officer
3.30 O’Toole joined NSW Police in 1967. He achieved the rank of Sergeant in 1983, Senior Sergeant in 1993 and Inspector in 1994. He retired from NSW Police in 2001. He was attached to the Homicide Squad within MCSN from 1989 until 1994. He was never a member of the AHU within MCSN.381 He was known by the nickname “Miles”.
Extract from Operation Florida
GUNS SEGMENT - Action
10.365 O’Toole is an affected person because he is the subject of substantial
allegations that:
- he was aware of and / or participated in the collection and retention of a stash of weapons at the offices of MCSN at Chatswood, (“the stash”);
- he participated in the use of weapons and other items to load and / or verbal alleged offenders, (“the loads”); and
- he was aware of the dumping of a stash of weapons into the Hawkesbury River by former and current officers of NSW Police, (“the dump”).
10.366 The Commission considers that O’Toole engaged in police misconduct: subsection 16(1)(a) of the Act.
10.376 In the circumstances the Commission is of the opinion that further consideration
should not be given to the prosecution of O’Toole for any criminal offences.
10.377 O’Toole is no longer a serving police officer. Accordingly the question of taking action pursuant to subsections 97(2)(c) and (d) of the Act does not arise.
LET’S DANCE SEGMENT - Action
10.378 O’Toole is an affected person because he is the subject of the substantial allegations that all police officers from both Manly Detectives and MCSN who were involved in the arrest of A1 and P1 entered into an agreement to share money corruptly taken during Operation Let’s Dance, and that false documentation was deliberately prepared for use in the prosecution of A1 and P1.
10.379 The Commission considers that O’Toole engaged in police misconduct: subsection 16(1)(a) of the Act.
10.382 Following the public hearings in this segment and prior to the completion of this Report, NSW Police gave consideration to the preparation of a brief of evidence against O’Toole. It was determined however that there was insufficient evidence to prepare a brief against him.
10.383 In the circumstances the Commission is of the opinion that further consideration
should not be given to the prosecution of O’Toole for any criminal offences.
10.384 O’Toole is no longer a serving police officer. Accordingly the question of taking action pursuant to subsections 97(2)(c) and (d) of the Act does not arise.
KING SEGMENT - Action
10.385 O’Toole is an affected person because he is the subject of the substantial a llegations:
- that a number of police officers, and a civilian, conspired to pervert the course of justice by giving false evidence in proceedings, in the Local Court of New South Wales, arising out of King’s arrest for DUI on 25 September 1993; and
- that O’Toole, aided and abetted by King, obtained a financial benefit by deception when he obtained an informant reward payment in late 1997 or early 1998 based on a false application for a reward payment for an informant made by King and approved by O’Toole in October 1997.
10.386 Although he was summonsed,1679 O’Toole did not give evidence in the Commission’s hearings in this segment of Operation Florida.
10.387 The Commission considers that O’Toole engaged in police misconduct: subsection 16(1)(a) of the Act.
10.390 Following the public hearings in this segment and prior to the completion of this Report, NSW Police gave consideration to the preparation of a brief of evidence against O’Toole in relation to the following matters:
- 1993 DUI – a brief of evidence was sent to the ODPP however the ODPP recommended that no criminal charges be laid against any of the participants.
- Payment of registered informants - NSW Police investigated this matter and found there is insufficient evidence to consider criminal charges against O’Toole, or any other person.
10.391 In the circumstances the Commission is of the opinion that further consideration
should not be given to the prosecution of O’Toole for any criminal offences.
10.392 As O’Toole is no longer a serving police officer the question of taking action pursuant to subsections 97(2)(c) and (d) of the Act does not arise.
