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.

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.