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| Catherine Burn and Nick Kaldas get adverse NSW police bugging findings | |
| (35 minutes later) | |
| A long-awaited report into the New South Wales police bugging scandal has delivered adverse findings against two senior officers, one of whom has since left the force. | A long-awaited report into the New South Wales police bugging scandal has delivered adverse findings against two senior officers, one of whom has since left the force. |
| The report found that a former deputy commissioner, Nick Kaldas, may have given “false and misleading” evidence to a secret inquiry, possibly exposing him to prosecution. | The report found that a former deputy commissioner, Nick Kaldas, may have given “false and misleading” evidence to a secret inquiry, possibly exposing him to prosecution. |
| It also criticised Kaldas’ former rival, deputy commissioner Catherine Burn, for “unreasonable conduct” during the notorious bugging operation, and found her handling of an informant to be unlawful. | It also criticised Kaldas’ former rival, deputy commissioner Catherine Burn, for “unreasonable conduct” during the notorious bugging operation, and found her handling of an informant to be unlawful. |
| The report of Operation Prospect, released on Tuesday by the acting ombudsman John McMillan is the single biggest investigation of any ombudsman in Australia’s history, spanning four years, relying on more than 1m pages of source documents, 107 hearings, and 67 interviews with 131 witnesses. | The report of Operation Prospect, released on Tuesday by the acting ombudsman John McMillan is the single biggest investigation of any ombudsman in Australia’s history, spanning four years, relying on more than 1m pages of source documents, 107 hearings, and 67 interviews with 131 witnesses. |
| It was set up to be a “definitive examination of a troubled era” for NSW police, which began in 1999, just after the NSW police’s special crime and internal affairs division set up its “Mascot Taskforce” to investigate police corruption. | It was set up to be a “definitive examination of a troubled era” for NSW police, which began in 1999, just after the NSW police’s special crime and internal affairs division set up its “Mascot Taskforce” to investigate police corruption. |
| Mascot conducted a widespread bugging operation, using listening devices and telephone intercepts to spy on more than 100 police officers. | Mascot conducted a widespread bugging operation, using listening devices and telephone intercepts to spy on more than 100 police officers. |
| Burns was involved in the taskforce, while Kaldas, her rival, was one of the targets. | Burns was involved in the taskforce, while Kaldas, her rival, was one of the targets. |
| The ombudsman’s findings were released on Tuesday afternoon, after Kaldas failed in a NSW supreme court bid to block the report’s release. | The ombudsman’s findings were released on Tuesday afternoon, after Kaldas failed in a NSW supreme court bid to block the report’s release. |
| The ombudsman found Kaldas provided false and misleading evidence to operation prospect about his contact with the NSW crime commission solicitor John Giorgiutti. | The ombudsman found Kaldas provided false and misleading evidence to operation prospect about his contact with the NSW crime commission solicitor John Giorgiutti. |
| “Kaldas’s evidence to Operation Prospect concerning his contact with Giorgiutti may … be conduct that constitutes an offence,” the report found. | “Kaldas’s evidence to Operation Prospect concerning his contact with Giorgiutti may … be conduct that constitutes an offence,” the report found. |
| Kaldas was also found to have engaged in unreasonable conduct twice, first by improperly requesting or receiving NSW police information on three occasions, and secondly by failing to report that he had received confidential crime commission and NSW police documents anonymously. | Kaldas was also found to have engaged in unreasonable conduct twice, first by improperly requesting or receiving NSW police information on three occasions, and secondly by failing to report that he had received confidential crime commission and NSW police documents anonymously. |
| Burn, meanwhile, was found to have engaged in unreasonable conduct four times. | Burn, meanwhile, was found to have engaged in unreasonable conduct four times. |
| “Burn’s conduct as the leader of the team that investigated Officer P through the use of [listening devices], [telephone intercepts] and an integrity test was unreasonable conduct,” the report found. | “Burn’s conduct as the leader of the team that investigated Officer P through the use of [listening devices], [telephone intercepts] and an integrity test was unreasonable conduct,” the report found. |
| Burn was also found to have acted unlawfully in her use of an informant, known as “Paddle”. | Burn was also found to have acted unlawfully in her use of an informant, known as “Paddle”. |
| “Burn was the team leader with management and supervisory responsibilities for planning and executing the deployment of a NSW Crime Commission informant in a manner that constituted a breach of the informant’s bail condition on two occasions,” the report found. | “Burn was the team leader with management and supervisory responsibilities for planning and executing the deployment of a NSW Crime Commission informant in a manner that constituted a breach of the informant’s bail condition on two occasions,” the report found. |
| But Burn issued a statement late Tuesday afternoon, rejecting the findings of the ombudsman. | But Burn issued a statement late Tuesday afternoon, rejecting the findings of the ombudsman. |
| She said the ombudsman was unfairly assessing her actions 17 years after the events, relying on unreliable memories of witnesses and ambiguities arising from documentary evidence. | She said the ombudsman was unfairly assessing her actions 17 years after the events, relying on unreliable memories of witnesses and ambiguities arising from documentary evidence. |
| She flatly rejected any involvement in the use of the informant Paddle. | She flatly rejected any involvement in the use of the informant Paddle. |
| “I was not Paddle’s handler, I had no knowledge of his bail conditions and it was not my responsibility to check them,” Burn said. | “I was not Paddle’s handler, I had no knowledge of his bail conditions and it was not my responsibility to check them,” Burn said. |
| “This was an instance in which I relied on subordinate staff and NSWCC staff to carry out the delegated work competently which was proper and reasonable in all of the circumstances.” | “This was an instance in which I relied on subordinate staff and NSWCC staff to carry out the delegated work competently which was proper and reasonable in all of the circumstances.” |
| Burn said the ombudsman had cleared her of any intentional or deliberate failure, and of “flagrant and unsubstantiated accusations of dishonest and corrupt conduct”. | Burn said the ombudsman had cleared her of any intentional or deliberate failure, and of “flagrant and unsubstantiated accusations of dishonest and corrupt conduct”. |
| “I reject absolutely the suggestion that I may have engaged in any unreasonable, let alone unlawful, conduct in connection with this matter,” she said. | “I reject absolutely the suggestion that I may have engaged in any unreasonable, let alone unlawful, conduct in connection with this matter,” she said. |
| The ombudsman has recommended the Crime Commission and NSW police force apologise to more than a dozen officers over the bugging operation. | The ombudsman has recommended the Crime Commission and NSW police force apologise to more than a dozen officers over the bugging operation. |
| The ombudsman’s initial inquiry was conducted by now-departed ombudsman, Bruce Barbour, and was set up in 2012. | The ombudsman’s initial inquiry was conducted by now-departed ombudsman, Bruce Barbour, and was set up in 2012. |
| McMillan said: “I am confident this report provides a thorough and balanced explanation of the Mascot investigation and the controversy that it sparked. | McMillan said: “I am confident this report provides a thorough and balanced explanation of the Mascot investigation and the controversy that it sparked. |
| “For some this report will be vindication. | “For some this report will be vindication. |
| “The report recommends action, including formal apologies to those individuals whose private conversations were improperly listened to, or [were] improperly named in affidavits and warrants.” | “The report recommends action, including formal apologies to those individuals whose private conversations were improperly listened to, or [were] improperly named in affidavits and warrants.” |
| The report also addresses systemic issues following on from the scandal and recommends a review of the protocols for joint operations between NSW police and the NSW Crime Commission. | The report also addresses systemic issues following on from the scandal and recommends a review of the protocols for joint operations between NSW police and the NSW Crime Commission. |
| It also recommends that a public interest monitor be established, with the same powers as a judge or magistrate, to vet applications and warrants for bugging operations. | It also recommends that a public interest monitor be established, with the same powers as a judge or magistrate, to vet applications and warrants for bugging operations. |
| The NSW Police Association slammed the report, saying its release “highlights the inherent unfairness and lack of natural justice” for police. | The NSW Police Association slammed the report, saying its release “highlights the inherent unfairness and lack of natural justice” for police. |
| Greens MP David Shoebridge, who this year moved to suppress the publication, meanwhile says he fears the report will cause more ripples within the force. | Greens MP David Shoebridge, who this year moved to suppress the publication, meanwhile says he fears the report will cause more ripples within the force. |
| “This ongoing division in the NSW police might be justified if there was a serious likelihood of people being held criminally accountable for the illegal bugging, but that is not what this report is recommending,” he said. | “This ongoing division in the NSW police might be justified if there was a serious likelihood of people being held criminally accountable for the illegal bugging, but that is not what this report is recommending,” he said. |
| The acting premier, John Barilaro, and the NSW police force have both said they will carefully consider the report and respond in due course. | The acting premier, John Barilaro, and the NSW police force have both said they will carefully consider the report and respond in due course. |
| A NSW parliament upper house inquiry into the bugging operation had previously recommended the state government apologise to Kaldas. | A NSW parliament upper house inquiry into the bugging operation had previously recommended the state government apologise to Kaldas. |
| With Australian Associated Press | With Australian Associated Press |