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.

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