Sunday, September 30, 2012

Crime Commission knew agent had lied in court, records reveal

September 30 2012

Neil Mercer 

IT WAS August, 2000. A massive covert investigation into NSW Police corruption, called Operation Mascot, was in full swing.

Run by three bodies - NSW police from within the Special Crime and Internal Affairs unit, the NSW Crime Commission and the Police Integrity Commission - it had been going since February the previous year. It depended heavily on a corrupt NSW police officer, codenamed M5, who was working undercover, recording his colleagues.

But secret Crime Commission documents obtained by The Sun-Herald reveal that at least two of those agencies knew on August 23, 2000, that they had a serious problem.

The problem was this: M5, who was working for SCIA and the Crime Commission, had privately admitted to his superiors that in order to obtain search warrants he had told lies in court.

The documents show that at a meeting on August 23, 2000, M5 admitted his perjury to a senior SCIA officer, Detective Superintendent John Dolan, and to the then assistant director of investigations at the NSW Crime Commission, Mark Standen.

They also reveal that another SCIA officer, the then Detective Inspector Cath Burn, compiled an "information report" about the matter on September 5 that year.

The Sun-Herald has been unable to establish whether the magistrate was ever informed that M5 had admitted lying in court.

The document says: ''[M5] informed Dolan/Standen that he swore information in support of an application for a search warrant [integrity test] knowing that information to be false.

"[He] said that he was very sorry for his actions and is aware of the problem it presents.''
The Sun-Herald does not suggest Ms Burn is corrupt.

On Friday morning, The Sun-Herald sent a series of questions to Ms Burn, now a NSW Police Deputy Commissioner. Through her lawyers Commissioner Burn issued a statement saying she was ''under an obligation not to disclose information or to make comment … as any disclosure would constitute a criminal offence due to the secrecy provisions of the NSW Crime Commission''.

Mr Dolan is no longer in the police and could not be contacted. Mark Standen, once the crime commission's top investigator, was not available for comment. He is serving a 22-year jail term for an unrelated matter - planning a 300-kilogram drug importation.

The latest leak to The Sun-Herald follows revelations reported in recent weeks about unethical, improper or illegal activities by some officers within SCIA.

The state government has so far rejected calls for an independent judicial inquiry, saying the matters are under investigation by the Inspector of the Police Integrity Commission, the former Supreme Court judge David Levine.

But Mr Levine himself has said he is simply assessing whether the recommendations of Strike Force Emblems, or its report, can be publicly released.

Wednesday, September 12, 2012

STRIKE FORCE EMBLEMS REPORT

 
LEGISLATIVE COUNCIL

Wednesday 12 September 2012


The President (The Hon. Donald Thomas Harwin) took the chair at 11.00 a.m.

The President read the Prayers.


Mr DAVID SHOEBRIDGE: I direct my question without notice to the Minister for Police and Emergency Services. Given the recent revelations about police wire-tapping operations that were reviewed in the Strike Force Emblems report, has the Minister asked the Commissioner of Police why he has not read this critical report on past police practice? If not, why not?

The Hon. MICHAEL GALLACHER: Members are aware of the response I have given thus far in relation to this matter. I can recall telling members some years ago that I would release the recommendations contained in the Emblems report. But I realised, having read the recommendations when I became the Minister for Police and Emergency Services, that if those recommendations were released in the form in which they are recorded in that report, it would not be possible for anyone to determine them as conclusive. For that reason, in May of this year I asked the independent Inspector of the Police Integrity Commission, Mr David Levine, QC, to examine whether the recommendations contained in the Emblems report had been satisfactorily implemented and whether those recommendations may be made available to the public. The Inspector of the Police Integrity Commission is the appropriate authority to conduct such a review— Mr David Shoebridge: Point of order: My point of order is relevance. The question is about why the Commissioner of Police has not read the Strike Force Emblems report. It is not about a referral history to the Inspector of the Police Integrity Commission.

The PRESIDENT: Order! There is no point of order.

The Hon. MICHAEL GALLACHER: The Inspector of the Police Integrity Commission is the appropriate authority to conduct such a review—a fact supported and accepted by the New South Wales Police Association. The Premier, who was responsible for the Police Integrity Commission Act, has further asked the Inspector of the Police Integrity Commission whether the Emblems report can be publicly released in its entirety. This request has been made in the interests of openness and transparency and to put to rest lingering concerns over this decade-old matter. The Government has no intention of changing its timetable because of dangerous leaks to the media. Justice Levine will consider the Emblems report in whatever time frame he requires and with whatever support he requests from the Government. My priority is to ensure that, whatever happens, investigations into serious organised crime and corruption are not compromised, that the identity of human sources—informants—is protected, and that the lives of officers who investigate serious crimes are not threatened by the release of highly protected information concerning police investigations. I imagine all members would share those priorities. With that in mind I ask that Justice Levine be given the time he needs to complete his inquiries. In response to Mr David Shoebridge's point as to why the Commissioner of Police has not read the report, I suggest that he take the opportunity to ask the commissioner that himself during the estimates hearings.

Mr DAVID SHOEBRIDGE: I ask a supplementary question. Will the Minister elucidate his answer by advising the House whether or not the Government will commit to releasing Justice Levine's report in full when it is received? The Hon. Matthew Mason-Cox: Point of order: That was not a supplementary question. It was a new question.

The PRESIDENT: Order! The question is in order.

The Hon. MICHAEL GALLACHER: As Mr David Shoebridge well knows, the Inspector of the Police Integrity Commission is able to print, publish and publicly release his or her own report. I will await Mr Levine's finding, but Mr David Shoebridge can take it from me that I want to make sure that this matter is put to rest once and for all. I am sick and tired of the innuendo, the suggestions of conspiracies. I want to see this matter put to rest just as much as Mr David Shoebridge and all the parties involved do. But I want to ensure that is done by a significant figure who will look at the evidence and make the determinations, not by politicians or others who may well have an interest in the matter.

Monday, September 10, 2012

O'Farrell 'appalled' but rebuffs call for inquiry

Lisa Davies

Crime Editor

Date

THE NSW Premier, Barry O'Farrell, is resisting calls for a judicial inquiry into the secret bugging of more than 100 officers, despite admitting he is ''appalled'' by the serious allegations raised.

As revealed by The Sun-Herald yesterday, the long-buried report by Strike Force Emblems alleges ''systemic corruption and mismanagement'' by some officers within the force's internal affairs unit.

The president of the NSW Police Association, Scott Weber, said the report clearly detailed ''allegations of the most serious abuses of power within the three organisations tasked with over-sighting police conduct''.

He said the government should immediately authorise a judicial inquiry ''to ensure that all officers wrongly named can have their integrity cleared''.

But Mr O'Farrell said he would do nothing until he received advice from the inspector of the Police Integrity Commission, the former Supreme Court justice David Levine, whom he asked in May to examine whether the report should be released.

''I'm appalled at what I read in the media about the report, I haven't seen it … [but] I'm not going to tell the independent PIC inspector-general how to do his job,'' Mr O'Farrell said yesterday.

''I think the first point here is to get the report out, that's what I've asked [for], whether or not that can occur.''

But the Herald has learnt the Premier may be waiting for a while - Justice Levine is only required to work a maximum of two days a week and has no staff other than a part-time secretary.

Meanwhile, many of the police the report describes as having been placed on listening device warrants for ''no justification'' are understood to be considering legal action for compensation for the damage to their reputations.

It is expected they will use the action taken by officers aggrieved over a covert taskforce codenamed ''Bax'' into organised crime in Kings Cross as a precedent. That legal action resulted in a compensation payout of almost $10 million.

Sunday, September 9, 2012

Bugging bombshell as secret files revealed

 


Hundreds of pages of secret NSW police documents contain allegations of "systemic corruption and mismanagement" by some officers within the force’s internal affairs unit, the so-called "white knights".

Documents obtained by The Sun-Herald, allege some officers in Special Crime and Internal Affairs - or SCIA - falsified information to obtain listening devices, telephone intercepts and search warrants and, in one case, induced a criminal to commit perjury in front of a magistrate.
"I smelt a rat … I was settling old scores"
They also show that Parliament, the public and rank-and-file police have been repeatedly misled about the reasons why one listening device warrant contained the names of 112 serving and former police and two civilians, including a journalist.

Former detective inspector Malcolm Brammer (left) and former detective sergeant John Dolan in 1991. Photo: David Porter
 In that case, many officers, including the present deputy commissioner Nick Kaldas, believed they were victims of a personal "vendetta'' by officers within SCIA.

And M5 - the corrupt officer turned undercover operator who secretly taped his colleagues - agreed. He told investigators: "I was assisting, nurturing corruption." He also said: ''I smelt a rat … I was settling old scores which related to my supervising Superintendent."

The bombshell allegations are contained in long-suppressed reports of internal strike forces code-named Sibutu, Tumen and Emblems, which were established to investigate complaints made about SCIA between 1997 and 2002.

The Sun-Herald has now seen copies of all three reports, which the police hierarchy and successive governments have refused to release.

Strike Force Emblems was set up in 2003 to investigate a controversial listening-device warrant approved in September, 2000. It contained the names of 112 serving and former police and two civilians - and it was one of dozens sought by SCIA officers and the NSW Crime Commission, which were running a covert inquiry into police corruption, Operation Mascot.

But its net was so wide that it placed under surveillance dozens of honest officers, including the current deputy commissioner Nick Kaldas, Detective Inspector Wayne Hayes, Assistant Commissioner Ken Mackay, and Detective Superintendent Paul Jones.

The key player in Operation Mascot was a corrupt NSW cop, code-named M5, who wore a listening device for two and a half years and recorded hundreds of conversations with his colleagues. His home was also bugged, as was his car, his briefcase and his mobile phone.

The Emblems report says eight SCIA officers, including its then boss, Assistant Commissioner Mal Brammer, his deputy Superintendent John Dolan and then acting Inspector Cath Burn were among those investigated. Ms Burn is now Mr Kaldas's fellow deputy commissioner, and both are touted as potential commissioners. Emblems does not make any findings against any particular officer.

It says its inquiries were hampered by the refusal of the NSW Crime Commission to hand over crucial documents, including affidavits, and it therefore could not reach definitive conclusions.

Nevertheless, it found:
There were clear indications that "criminal conduct may have occurred surrounding the affidavit".
On the available evidence there was no justification for 54 serving and former police and the journalist Steve Barrett being placed on the listening-device warrant.

Previous Strike Forces Sibutu, Tumen and Operation Banks had identified "systemic corruption and mismanagement" within SCIA in relation to listening devices, telephone intercepts and search warrants. Serious adverse findings of corruption had been found against senior officers attached to SCIA.

Strike Force Emblems suspected similar "alleged corruption". It reveals M5 became disillusioned with his SCIA handlers and believed they were sending him to record conversations with honest police in a bid to settle old scores. It is believed one of those was Mr Kaldas.

It is well known in police circles that at one stage, Mr Kaldas and John Dolan had a serious disagreement. Emblems says that, about a month after that confrontation, M5 approached Mr Kaldas, who then became suspicious and reported the matter to the then deputy commissioner, Ken Moroney.
M5, who worked undercover between February 1999 and mid-2001, said: "I was sent by my supervising Superintendent to a particular person five or six times, I smelt a rat … I was settling old scores.'' He said he was uncertain of the true motives of those supervising him.

Mr Brammer, who left the force in mid-2002, yesterday denied any wrongdoing and strenuously denied any knowledge of a vendetta. [See separate story.]

Mr Brammer has been the subject of adverse findings in previous internal police reports, including for "untruthfulness" a "manifest conflict of interest" as well as "bias" and "a lack of fairness". One inquiry found he allegedly perverted the course of justice by improperly arranging an internal investigation against an officer.

Mr Dolan, who has also left the force, could not be reached for comment.

Mr Brammer has previously said Operation Mascot was run with the full co-operation and supervision of the Crime Commission and the Police Integrity Commission. He said the current Police Commissioner, Andrew Scipione, was involved at the time and he knew of no improper conduct by Ms Burn or anyone else.

At least one former SCIA officer has raised the "vendetta" allegation. In a formal record of interview with one of Emblems' predecessors, Strike Force Tumen, the detective Paul Albury says he thought the targeting of Mr Kaldas was based more on a "personal vendetta" rather than any evidence.

The officer says there was deep concern by some within the unit that serving and former officers were being targeted on the basis of "third and fourth-person hearsay''.

The previous Labor government and the O'Farrell government have refused to release the Emblems report, despite the current police minister, Mike Gallacher, pushing for its release while in opposition.
The Inspector of the Police Integrity Commission, David Levine, has been asked by the State Government to investigate whether the Strike Force Emblems report can be released. He is currently working his way though documents provided to him by NSW Police and the Crime Commission. It is not known when his inquiry will be completed.

Some former detectives named on the warrant believe he has not been given the resources needed to get to the bottom of the long-running saga. They believe an independent judicial inquiry is required - free of police intervention.

They say the Police Integrity Commission is disqualified from investigating the matter because it was intimately involved with SCIA and the Crime Commission in Operation Mascot from an early stage.

Strike Force Emblems interviewed 35 people who complained about their names being on the warrant. Emblems found there was no justification for 22 of those, including Mr Kaldas, being on the warrant. Overall, it found that of the 114 people named, there was probably no justification for 54 of them being on it.

"The use of 114 names on the subject listening device is an abuse of process and not in the 'spirit' of the legislation. It is not conceivable each person would be part of a conversation over a 21-day period."

(Warrants are approved for 21 days. Police need to reapply if they want to continue bugging).
Many other police named on the warrant are respected and senior detectives. The vast majority have never been told why they appeared on the warrant, let alone questioned or charged.

Emblems investigators said their inquiries were hampered because the then head of the NSW Crime Commission, Phil Bradley, after initially agreeing to co-operate, refused to hand over crucial documents. These included affidavits which were presented to the Supreme Court to support the application for the listening device.

Strike force investigators, which included five detective inspectors, clearly found themselves under intense pressure and took the extraordinary step of recording their fears that they may be subject to "payback''.

"Although there is no evidence of a 'payback' or 'reprisal', the nature of the Strike Force Emblems investigation, with the alleged corruption identified, indicates there is a potential for retribution against Strike Force members," the Emblems report said.

Investigators also reveal they were directed to be less than truthful with the 35 people who formally complained about their names being on the warrant.

It says they were "instructed" to tell complainants ''we are working towards obtaining the affidavit''.
"At no time have the complainants been informed that the affidavit has been refused or that the Crime Commission is being obstructive."

The Sun-Herald asked Mr Scipione, Ms Burn and Mr Kaldas for comment.

Through a spokesman, Mr Kaldas said he was "unable to comment".

Ms Burn did not wish to comment, except to say she had never been the commander of SCIA.

The Police Commissioner, Andrew Scipione, said: ''All matters relating to Strike Force Emblems and any associated materials have been referred to the Inspector of the Police Integrity Commission. NSW Police has provided all materials asked for by the inspector.''

Strike Force Emblems 7.30 Show


Welcome to '7.30' NSW.

Start 29-09-2012 05:59 AM
End 29-09-2012 06:33 AM

I'm Quentin Dempster. 

Quentin Dempster

There is a big integrity test coming for the O'Farrell Government and its oversight body the Police Integrity Commission. It concerns an old wound, bitterly hurt feelings among many senior police with unblemished service records and the integrity of the system itself.

The current inspector of the police integrity commission, David Levine QC has been asked by the Government to consider the public release of what's called the Emblems Report into the alleged abuse of covert surveillance search warrants dating back 12 years. The warrants, some regularly reissued with the approval of judges, named 114 serving and former police and some civilians. Many want a judicial inquiry to clear the air.

What is all this about? It has suppressed been secret for 10 years and suppressed by successive State Governments, when you read it you can understand why they want to suppress it. It casts into doubt the role of special crime and internal affairs, the NSW Crime Commission and the Police Integrity Commission and it casts questions on the Supreme Court of NSW.

It is little wonder they don't want this out.

Neil Mercer
This is the contentious affidavit leaked to veteran Sydney crime reporter Neil Mercer of the 'Sun Herald'. Under the name of an officer attached to the NSW Crime Commission, it lists dozens of names and in marked paragraphs, describes the evidentiary leads and roar intelligence the officer relied on to persuade a Supreme Court judge in 2000 to approve listening device warrants. In an operation said to be needed to expose police corruption, an already self confessed corrupt police officer, code named M5, a registered crime commission informant was wired for sound for two and a half years and tried to engage his targets in private conversations.
Virginia Bell

This is the affidavit which was presented to Virginia Bell in the NSW Supreme Court and, as you can see, dozens and dozens of names on it, in fact there is about 114 names on this particular document. Some of them deserve to be there.

There is dozens who should never have been on this document and you come down to people. Look at Ken Mackay is now an assistant commissioner, no reason why he should be on this document.

You come over the page, dozens of names and you look down here, Nick Caldas is now the deputy NSW commissioner. No reason why he should be on the document.

Respected detectives, Wayne Hayes, no reason why he should be there. Neil Mercer and his police sources have analysed the names. The warrant names about 114 serving and former police and a couple of civilians. Basically, six police out of that 114 went to jail, fair enough, there is no question, some of those names, some of the people on the warrant were corrupt. I think about another eight police left the police force. Really, the vast majority, it appears there is no legitimate reason why they were on that warrant.

Even an internal NSW police investigation into it said in their view that at least 54 of those 114 names should not have been on that warrant. There was no legitimate reason why they should ever been there, no proof and what I have been told is that some of them were there for people as get squares, personal vein debt Yass and some of the names on that warrant were there on third, fourth, fifth hand hearsay. Covert operations using listening devices under the code name Mascot, gathered probative evidence of corruption but some innocent police became suspicious when they were visited by M5 on various pretexts.

This was the era after the 1990s Wood Royal Commission established endemic corruption existed within the force. That commission was successful, largely because of covert surveillance.

In 2002, police corruption involving the drug trade on Sydney's northern beaches was sensationally exposed, again through successful covert surveillance in a joint agency operation called Florida. 

But in 2004, following complaints from the police association and some of the aggrieved officers with unblemished service records named in the affidavit, then police commissioner Ken Moroney established Strike Force Emblems to inquire into the alleged criminal misuse of the warrants.

Deputy Commissioner Cath Burn
Emblems, overseen by senior police investigators reported with recommendations for further investigation on 25 August 2005.This is what all the fuss is about. This is the emblems report. Investigators say they were unable to complete their inquiries into the contentious affidavit because of the secrecy provisions of the NSW Crime Commission which prevented interviews and evidence from all officers oversighting and conducting the surveillance operation. conducting the M5 covert surveillance operation. Key finding said... established Strike Force Emblems recommended the removal of the Crime Commission's secrecy provisions to the extent necessary so a thorough investigation could be completed.

Seven years later no action has been taken on the emblems recommendation. Now, the leaking of the
affidavit and other material to the print media has reignited the hurt. At stake seems to be the standing of current Deputy Commissioner Nick Caldas, in line for the top job when the current commissioner retires soon. Also affected as another potential commissioner, current Deputy Commissioner Cath
Burn. She was once a part of the special crime unit which oversaw the covert operations with other agencies.

It has been reported investigation into the leaking of material to Neil Mercer and other’s.

Tell us, who leaked it to you?

You know I won't tell you that and never would.

Premier Barry O'Farrell
In May this year, Premier Barry O'Farrell, as minister now responsible for the Police Integrity Commission wrote to David Levine inspector of the PIC.

David Levine declined our request for an on camera interview.

We would like to post our copy of the emblems report and other documents on our web site to let some sun shine onto this dispute but on legal advice, we can't, but on legal advice, we can't. Greens MLC David Shoebridge said he can't, Shoebridge said he would consider tabling appropriately redacted documents under parliamentary privilege if the Government didn't act soon.

This ongoing controversy is putting in question the faith of senior police and the faith of the public. We need to have someone cut through. At the moment we have the Police Integrity Commission, the Crime Commission, internal affairs, all potentially involved in the matters under inquiry.

None of them can conduct an independent inquiry. We need an independent judicial inquiry to cut through. The usually camera-friendly minister for police Mike Gallagher declined to be interviewed.

Opposition police spokesman and former Premier Nathan Reece says Emblems was problematic for the former Government because its release could identify informants who fingered the corrupt. If such sensitive information could be excluded -I think it is important for the public that this be released, this document.

More complaints are coming I am told. Such is the anger in the NSW police force that this dead cat, as it is being called by senior police, will continue to stink up the policing of this State until the air is cleared.