Friday, July 2, 2004

They're Still At It !


Reporter: Quentin Dempster

Broadcast: 02/07/2004

QUENTIN DEMPSTER: We regret to report that seven years after the Wood Royal Commission found that corruption within the NSW police was entrenched and systemic, nothing much has changed.

This was officially observed this week by the Police Integrity Commission.

Based on an extensive covert surveillance operation called 'Florida', in which a rolled-over police officer gathered devastating evidence of police greenlighting drug distribution, loading, stealing, verballing and assault the PIC has also exposed a failure of police management and supervision.

Worse, it has declared that it will be difficult to change the corrupt police culture.

QUENTIN DEMPSTER: In late 1998, a NSW police officer, code-named M5, rolled over to the State Crime Commission.

He's the one on the right in this surveillance video, handing over money wrapped in a newspaper.

M5 PIC INFORMANT: It was very conflicting in some ways.

Um, you know, there were some things that I was asked to do that I wasn't happy doing.

QUENTIN DEMPSTER: A massive and long-running covert operation was mounted around M5, based initially on the northern beaches of Sydney.

Evidence gathered led to other covert operations involving corrupt conduct and criminality from the late 1980s to 2001.

418 corrupt incidents were identified.

Incredibly, investigators were able to maintain the secrecy of their operations for four years until the first public hearings in October 2001.

This is the list of corrupt and criminal conduct exposed: Soliciting and receiving bribes from drug dealers.

'Greenlighting' drug trafficking .

Stealing cash and property .

Reducing charges in return for payment .

Perverting the course of justice .

Assaulting suspects .

'Verballing' suspects .

'Loading' suspects .

Organising or 'greenlighting' break and enter offences Six police officers have since been convicted.

40 former and 3 serving officers were found to have acted corruptly.

14 of 32 identified serving officers left the police, 11 as a direct result of the investigation.

Nothing's changed with police culture?

SGT BOB PRITCHARD, POLICE ASSOCIATION: Well, in fact, I think there's been a great change since the royal commission days.

People now are more willing to come forward and identify corrupt practices at their workplace.

QUENTIN DEMPSTER: Sergeant Bob Pritchard, 25 years service, is the new president of the 15,000-member NSW Police Association.

What's the union done to help change the corrupt police culture?

SGT BOB PRITCHARD: Well, certainly, we've put it out there, we've changed a number of our rules to ensure that corrupt police, when they're identified, are certainly not supported by the union.

QUENTIN DEMPSTER: You don't give them any legal support?

SGT BOB PRITCHARD: Certainly not where it's identified they have not carried out their job professionally.

We are here to look after honest members.

QUENTIN DEMPSTER: The disturbing aspect of Wood Royal Commission was the declaration that corruption in the NSW Police was entrenched and systemic.

Does that descriptor still apply?

KEN MORONEY, COMMISSIONER OF POLICE: No, I don't believe so.

Is there corrupt activity?

Yes, there is.

Are we seeking to root it out?

Yes, we are.

And I'm not only being supported by the three oversight agencies, I'm being supported by the courts.

By the District Court and by magistrates in local courts.

Because that's the only way we're going to address this issue.

QUENTIN DEMPSTER: When police are prosecuted?

KEN MORONEY: When corruption is identified and police officers are prosecuted.

But the significant change which leads us to that conclusion, or leads me to that conclusion, is the fact that corrupt activity, in its many and varied forms, is in the main identified by other police officers.

And that I see as the most significant change in the culture of the organisation that I have known for almost 40 years.

QUENTIN DEMPSTER: In spite of Commissioner Moroney and Sergeant Pritchard's claims that police culture has changed for the better since the Wood Royal Commission, a question remains.

Why did the Police Integrity Commission make such a pointed reference to police culture in its formal report released just this week, June 2004?

"The issue of culture in a police service is complex.

The Royal Commission identified and commented on many factors that contribute to the negative aspects of police culture.

Those findings need not be repeated.

However, the evidence given in the Operation Florida investigation indicates that there was not an instant transformation of the culture of NSW Police following the Royal Commission and that it will be difficult to bring about such a change."

In 2002, 'Four Corners' reporter Chris Masters secured a rare interview with one of the police exposed through Operation Florida, Detective Sergeant Ray Peattie, convicted and jailed for having accepted bribes.

Mr Peattie reminded us of the cynicism running deep within the culture from the '70s and '80s when he described an officer's interview with a potential recruit for a detectives squad.

RAY PEATTIE, FORMER DETECTIVE ('FOUR CORNERS' 2002): He asked the person if he was prepared to verbal people.

And the bloke said, "Certainly not, sir."

He said, "Are you prepared to bash people to get an admission off them?"

He said, "Certainly not, sir."

"Are you prepared to rob them?"

"No, sir, definitely not."

He said, "Well, what the **** are you coming here for?"

And the bloke said, "Oh, I would, I didn't know what answers.

"I thought that was the answers you wanted."

QUENTIN DEMPSTER: Our political leaders assert that things have changed since the Wood Royal Commission and the corruption exposed through Operation Florida.

But the PIC analysis also pinpointed a contemporary failure of police management and supervision.

Evidence showed that standard operating procedures requiring the video-taping of drug searches under warrant had been ignored.

The police video or exhibit officer meant to follow procedures, in one case, would on the nod from his colleagues, switch the camera off, giving them a chance to trouser a lot of the drug money they found.

"The commission considers that a high trust model of supervision is inadequate and inappropriate for corruption prevention, and that police officers at the operational level must take a greater responsibility for ensuring that corrupt officers are exposed."

SGT BOB PRITCHARD: It shows that in the past there has been a problem with supervision and it shows that where supervision is lax it allows corrupt practice to breed.

And where in fact, and it shows within that Florida report, that where people are supervised properly and there is intrusive supervision, it shows that there is a lesser chance of people carrying out corrupt conduct.

QUENTIN DEMPSTER: Commissioner, do you acknowledge there's been a failure of supervision?

KEN MORONEY: Ah, certainly in Mascot Florida there was.

There was failure at command level.

There was failure in supervision.

And it's important that we learn from these lessons.

I'm not going to hide from the facts.

QUENTIN DEMPSTER: The PIC also questioned the effectiveness of the 24-hour duty officer structure, introduced at great cost to the public of NSW as a managerial watchdog on corrupt police behaviour.

"Evidence was heard that the introduction of this new position might not have achieved this aim.

NSW Police undertook to conduct a review of the position and provided the Commission with the details of that review.

The information provided did not include any details about an evaluation of the position."

KEN MORONEY: The deputy commissioner of operations, David Madden, is currently completing that evaluation.

Subject to that, I would anticipate there will be some further strengthening of that particular role and function.

QUENTIN DEMPSTER: Commissioner, do you feel that you have been called to account on a failure of managerial supervision by the PIC?

KEN MORONEY: Yes.

I've been called to account.

And I have no difficulty in providing that accountability, not only to the Police Integrity Commission but equally as important to the community of NSW.

QUENTIN DEMPSTER: Opposition Police Spokesman Peter Debnam has been complaining for months now about the resourcing of detectives and the level of police management commitment to exposing corruption.

PETER DEBNAM, OPPOSITION POLICE SPOKESMAN: My biggest concern is there is a culture of cover-up still within the Government and NSW Police.

Even on an issue like integrity testing, where I asked last year, "Just give me the numbers for the last three years "on how many you've done," they couldn't even answer that question.

Now, that's a clear message to all NSW Police that they're not going to be honest, they're not going to be transparent in delivering information to the public.

Well, that's what we need to change on day one, introduce transparency, honesty, accountability.

QUENTIN DEMPSTER: Commissioner, are random integrity tests still being carried out?

KEN MORONEY: Yes, they're an important part of our integrity regime as we move towards ensuring that there is ethical conduct in the organisation.

QUENTIN DEMPSTER: Well, why hasn't Mr Debnam been given the figures?

KEN MORONEY: I'm not aware of why that may be the case but I want to reassure the community that we are conducting those tests.

We are conducting investigations, and indeed, there's been a rigorous regime over the last 12 months, in particular, seeking to identify those officers engaged in inappropriate or illegal conduct.

QUENTIN DEMPSTER: How many?

KEN MORONEY: Well, there have been some 60 operations, and a number of those developed into specific integrity tests.

QUENTIN DEMPSTER: There's more bad publicity coming for NSW Police.

The union's already bracing for it.

QUENTIN DEMPSTER: How big a problem is drug use amongst the younger police?

SGT BOB PRITCHARD: Well, certainly it's been identified over the past couple of years as being a problem.

It's being addressed and there is an inquiry currently taking place.

So, until the end of that inquiry, we're still uncertain as to the total extent of that use but certainly, it's admitted there is a problem.

QUENTIN DEMPSTER: Another integrity commission operation, code-named Abelia is looking at the apparently high incidence of recreational drug use -- cannabis, cocaine and amphetamines -- among serving police officers, including criminal supply and distribution networks.

The median age of police officers nowadays is 28.

Where alcoholism was a contributing factor in corrupt police behaviour in the past, it now appears drug use and abuse could be as big, if not a bigger problem.

QUENTIN DEMPSTER: How big's the problem?

KEN MORONEY: Well, that's the purpose of the inquiry, to gauge the extent of the problem, but clearly we do have a problem amongst our police officers.

And it may be indicative that it's representative of the broader problem of elicit drug abuse in the community.

That doesn't bring me any joy but I know full well that I've got to seek to identify those officers who are engaged in that level of misconduct.

Um, I'm working towards that.

I've sent a very clear message to my officers.

In my opening statement to the Commission, I indicated that there is a zero tolerance, on my part, in terms of illicit drug abuse.

Clearly what distinguishes the police officer from the member of the community who might engage in similar sort of conduct is that our officers have an oath of office, they discharge powers of arrest, they are armed, and that, to my mind, brings a greater requirement for compliance on their part.

QUENTIN DEMPSTER: So stand by for evidence of drug-running police officers in charge of guns and high-speed cars.

It seems the community wants to be able to trust the police but that trust is still being betrayed.

Tuesday, June 29, 2004

Police clean-out, but rot goes on

By Malcolm Brown 

Date June 29, 2004

Ten years after a royal commission exposed the corruption extending to the heart of the NSW Police there has been no change in police culture, and any change would be difficult to bring about.
These are the pessimistic findings of the Police Integrity Commission in a report brought down yesterday.

In the end, only six officers have been convicted of criminal offences - David Phillip Patison, Matthew John Jasper, Raymond John Peattie, Shaun Andrew Davidson, David Marshall Hill and Mark William Messenger.

The 532-page PIC report, tabled in State Parliament, found 40 former and three serving officers guilty of misconduct. Substantial allegations also remained against a further 10 former and six serving officers, and five civilians.

All were involved in an investigation, Operation Florida, sparked in 2000 when a drug d
ealer, Luke Michael Benbow, got fed up with being repeatedly ripped off by corrupt police and took legal advice to complain to the State Crime Commission.

Operation Florida focused on the Major Crime Squad North, North Sydney Drug Unit, Gosford Drug Unit and Manly detectives.

It was alleged in the PIC that some of them had solicited and received bribes from drug dealers; organised or "green-lighted" drug trafficking and break-and-enters; stole cash and property; reduced charges in return for payment; perverted the course of justice; and assaulted, verballed and "loaded up" suspects.

Such events came to light only after one officer, code-named M5, told the NSW Crime Commission in 1998 about his corrupt past and offered to trap former colleagues in casual conversation about past events.

One event concerned the operation Let's Dance, where a large amount of drugs and money was recovered at Manly in 1992. It was alleged that more than $100,000 was skimmed off and shared among members of the Major Crime Squad North.

The theft was talked about in hushed but hilarious tones for years and it did not take much effort for M5 to induce his former colleagues after a couple of beers to incriminate themselves, recording their words to confirm his own account to investigators.

But the passage of time and failing memories all counted against working this up into a criminal case that would stand up in court. More relevant evidence related to the former Manly detectives David Phillip Patison and Matthew John Jasper. Both were arrested on December 16, 2000, and the evidence against them had been building since the previous May.

Two drug dealers, Benbow and Vincent Caccamo, who helped investigators expose Patison and
Jasper, were convicted of drug-related offences but received reduced sentences.

Solicitor, Martin Green
A solicitor, Martin Green, by allegedly engaging Benbow in a dubious conversation, was prosecuted on counts of inciting Benbow to bribe Patison and acting with intent to pervert the course of justice.

He was acquitted at trial but the Law Society cancelled his practising certificate.

Those who were not prosecuted gave evidence to the commission under a provision which allowed them to declare that whatever they said, provided it was truthful, could not be used against them in civil or criminal proceedings.

Because a lot of the evidence related to events dating back as far as 1991, it was hard to get corroborative evidence that might have led to a successful criminal conviction. But there was sufficient evidence for misconduct findings.

The commission recommended tightening of police procedures in several areas, including the execution of search warrants and supervision. Police had initiated their own reforms in other areas.

John Brogden
On the handling and storage of exhibits, the PIC noted that specific procedures existed in the 1990s but there was a failure of compliance and supervision.

The Opposition Leader, John Brogden, said he was concerned at the small number of charges "despite findings of misconduct against many, many police".

Mr Brogden feared the PIC lacked the will to follow individual matters through to charges. "We're finding that our watchdogs are becoming political lapdogs in NSW," he said.

The Police Minister, John Watkins, said only that he had a copy of the report and had referred it to the Police Commissioner, Ken Moroney, for a further report.

Wednesday, March 3, 2004

Operation Least Said WA connection to Operation Florida NSW

Extract from Hansard [ASSEMBLY - Wednesday, 3 March 2004]

p283c-284a

Mr Colin Barnett; Dr Geoff Gallop; Mr Rob Johnson; Speaker

[1] POLICE ROYAL COMMISSION REPORT, REFERENCE TO SIGNIFICANT AND SUSTAINED CORRUPTION AND CRIMINAL CONDUCT

16. Mr C.J. BARNETT to the Premier:

I refer the Premier to his ministerial statement in this House yesterday regarding the 1053-page report of the Royal Commission Into "Whether There Has Been Any Corrupt or Criminal Conduct by Western Australian Police Officers", in which he stated that the report found the following -

. . . there has been significant and sustained corruption and criminal conduct in the Western Australia Police Service since 1985;
  • (1) Can the Premier point to the page of the royal commission report that says there is significant and sustained corruption in the WA Police Service?
  •  
  • (2) Given that only two out of 5 000 WA police officers have been charged as a result of the police royal commission, will the Premier now admit he is smearing the entire Police Service in an attempt to justify his expenditure of $28 million of taxpayers’ funds?

Dr G.I. GALLOP replied:

(1)-(2)
The Liberal Party learns nothing. Western Australian history rolls by, and members opposite learn absolutely nothing about what is needed to improve our society. In fact, the definition of Western Australian liberalism is complacency. The Liberals sweep these things under the carpet, as they did for eight years. I ask the Leader of the Opposition a question: are there quotation marks around those two words? That is point one. Point two: anybody who reads those two volumes would reach no other conclusion.

The first page of the report says that the evidence shows that the full range of corrupt or criminal
conduct in the Western Australia Police Service is in line with similar findings by other commissions in Australia.

Mr M.J. Birney: What does that mean?

Dr G.I. GALLOP: What do you think it means, my friend? The report then goes on to show that that occurred over a long period. A substantial proportion of the cases occurred a number of years ago, but there was a continuing problem in the service. Indeed, the royal commission expressed concern that a number of the officers who participated in this conduct and who not only refused to admit it, but also uniformly denied it with vehemence, remain in the WA Police Service.

Regarding the evidence in the Operation Least Said segment dealing with the period from 1985 to 2003, the royal commission said that it demonstrated a continuing pattern of police misconduct throughout that period that had proceeded largely unimpeded and unpunished by the investigative practices in place during that time.

Point of Order

Mr R.F. JOHNSON: The Premier is obviously reading from an official document. I ask that he table that document.

The SPEAKER: It does not appear to be an official document.

Mr R.F. Johnson: He’s quoting from it.

The SPEAKER: Members can quote from their notes during question time.

Questions without Notice Resumed

Dr G.I. GALLOP: If assaults, perjury, drug dealing, and improper disclosure of confidential information is not significant, what is? Does the Leader of the Opposition regard that to be significant malpractice? Is it criminal behaviour? Of course it is. I also point out to the Leader of the Opposition that this behaviour continues. In fact, it continues to happen right up to today; so much so that the police royal commission stated that “. . . internal investigations . . . were clearly unsatisfactory.” What is of more significance is the extent to which the WA Police Service has been ineffective in monitoring these events and modifying its procedures to deal with that conduct and to prevent its repetition. The only person in Western Australia incapable of reading the royal commission report is the Leader of the Opposition. He is in a party that covered up these matters for eight years when in government.

In conclusion, the Leader of the Opposition also said in his response to my speech that I used the word “systemic”. I have never used that word in that regard. There was a good discussion of this issue at the press conference yesterday, at which we specifically said that the situation in Western  serious, continuing and sustained, but not systemic. I call on the Leader of the Opposition to take away those comments from the public debate because they are not true. It is indicative of a continuing pattern in which the Leader of the Opposition says anything about anything to try to make a political point. Inevitably, what he says is not true. His credibility is on the line in relation to this issue.

Tuesday, January 27, 2004

Operation Florida The West Australian Connection


 




The conduct described in the previous chapter dealing with the evidence obtained in Operation Least Said revealed improper practices of general application among certain detectives of the Western Australia Police Service (“WAPS”) from 1985 until the early 1990s.

Those practices, which included the fabrication of evidence and perjury, were similar to those revealed by police corruption inquiries elsewhere, including the Wood Royal Commission (1997) in New South Wales, which commenced in the mid 1990s. It would therefore not be unreasonable to expect that there could be a risk of corrupt practices being employed in cases in which members of both Police Services operated together.

Evidence obtained by the Royal Commission showed that risk to be real.

In public hearings the Royal Commission heard evidence to the effect that officers of the Western Australia and New South Wales Police Services combined resources to fabricate evidence. One of the allegations arose out of the extradition of a prisoner from Western Australia to New South Wales in 1987. The other involved the extradition of a prisoner from the United States of America to Western Australia via New South Wales in 1989. The twoters are quite separate, but similar in that, in both instances, it is alleged that verbal admissions were fabricated in order to strengthen the cases against the prisoners.

The investigation was based upon information provided to the Royal Commission by the  Police Integrity Commission (“PIC”) in New South Wales as a result of its Operation Florida. In 1998, a member of the New South Wales Police Service started to co-operate with the New South Wales Crime Commission (“NSWCC”). In the weeks that followed, this officer embarked upon a process of debriefing, during which he revealed many instances of corrupt conduct in which he had been a participant with others. This officer, in co-operation with the NSWCC, continued in his duties as a police officer for a period of twelve months, during which time he had a number of conversations with colleagues that were recorded. In particular, a number of incriminating conversations with a colleague were recorded. Some of the recorded conversations were later led in evidence in the PIC hearings. The police officer and his colleague were referred to in the Royal Commission as F2 and F1
respectively.

During the course of his debriefing process, F2 nominated the 1989 extradition matter as one in which misconduct had occurred. As investigations continued, and further information