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

Tonight - Wire tap wronged, senior police still fuming over being named in covert surveillance warrants. There is no legitimate reason why they were on that warrant.

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.