Echo Issue Outline: copyright Echo Education Services
First published in The Echo news digest and newspaper sources index.
Issue outline by J M McInerney
Should an independent inquiry be set up to investigate allegations of corruption made against Victoria Police?
In September, 1995, it was revealed that a police constable, Karl Konrad, had made allegations about the supposedly widespread practice of police officers taking bribes to direct repair work to particular security shutter firms.
Internal investigations proceeded and it appeared that up to 100 police officers might be involved. It also appeared both that Constable Konrad's allegations had initially met with very little response and that he had been the victim of intimidation from some fellow officers.
Constable Konrad called for the establishment of a royal commission to determine the extent of corruption in Victoria Police and for the setting up of an independent body to investigate allegations of corruption on an on-going basis.
His call was taken up by the Victorian Opposition, a number of lawyers and academics and a range of lobby groups. Both the Victoria Police and the State Government have rejected the suggestions.
Background
Since Chief Commission Neil Comrie assumed the leadership of Victoria Police over three years ago there have been a number of developments within the force.
The Commissioner's powers were initially considerably expanded giving him the ability to dismiss any officer believed to have acted improperly.
Promotion policy has been altered; the number of police involved in administration has declined and the number of officers in active police work has increased.
There have been frequent accusations of excessive force both with regard to a series of police shootings (including a number of fatal shootings of mentally disturbed people) and complaints about the inappropriate use of batons to break up protests and about the use of pressure holds on protesters.
Pressure holds were subsequently prohibited, the police began trialing the use of capsicum spray to reduce the need to use either guns or batons and the Commissioner introduced an ambitious retraining program, Project Beacon, designed to increase the range of responses police were able to employ in potentially violent situations.
Though a number of these developments generated significant controversy, Victoria Police enjoyed a general reputation for honesty in contrast to that of the police forces of both Queensland and New South Wales which had been externally investigated and found to be significantly corrupt.
The only readily available procedure for externally investigating complaints against officers of Victoria Police was the office of the ombudsman.
This option has (up to this point) been available only to members of the public while the actual investigative work is conducted by Victoria Police and overseen by the ombudsman.
Allegations or complaints made by members of the force are currently referred to the internal investigations department though this is about to be replaced by the ethical standards department, both police bodies.
Arguments supporting an independent inquiry into Victoria Police corruption allegations
Those who hold that it is inappropriate to have Victoria Police investigate itself normally propose two means of ensuring proper accountability and an increase in public confidence.
Firstly they suggest there should be a general independent inquiry, perhaps a royal commission, to determine the extent of corruption within Victoria Police and to make recommendations about the manner in which whatever problem is revealed should be addressed.
Secondly they suggest either that the ombudsman's office should have its own investigative officers, so that it is no longer dependent upon Victoria Police, or that a fully independent body, like Queensland's Criminal Justice Commission, be set up to investigate accusations of police corruption on an on-going basis.
The fundamental criticism being levelled at the current system is that police cannot be trusted to investigate police.
The principal argument offered against police investigating police is that there is a `brotherhood' mentality operating within Victoria Police which makes it extremely unlikely that one police officer will inform on another for improper behaviour.
In a taped interview with Constable Karl Konrad, Chief Superintendent Tom McGrath, the deputy head of the internal investigations department, was reported as claiming, `You haven't got a bloody hope in hell of surviving ... the way this job operates, this brotherhood syndrome ... will seek to destroy you.'
According to Chief Superintendent Tom McGrath, any police officer who attempted to inform on another could expect to be `destroyed' for breaking ranks and giving information about a colleague.
Those who seek both an independent inquiry into police corruption and the establishment of permanent review and investigative bodies independent of Victoria Police have argued that this `brotherhood' mentality makes it highly inappropriate that police should investigate themselves because individual officers will refrain from informing on their peers either out of a misplaced sense of loyalty or because they fear recriminations and harassment once they did so.
It has also been argued that senior police are reluctant to report on the corrupt activities of their more junior officers because to do so may reflect badly upon them.
In 1994, the Mollen Commission on corruption in the New York Police Department completed its report. One of its findings was that `Field commanders have a built-in incentive to contain corruption disclosures, and not pursue corruption with zeal because of fear of an adverse impact on their careers'.
It has been suggested that one of the reasons that the window-shutter scam was able to operate for as long as it apparently has was because it was not stamped out by supervisors in the stations involved.
It has also been claimed that Victoria Police is concerned about its public image and thus is often reluctant to make the results of internal investigations known to the public or even, it has been claimed, to the ombudsman.
It has been alleged that Victoria Police withheld details of at least three internal inquiries into police corruption from the office of the state ombudsman.
Included in one of these inquiries were allegations of police officers being paid bribes by a window shutter company.
According to this line of argument public relations implications may well prevent Victoria police from conducting internal investigations with appropriate vigour.
Similarly, it has been claimed, there is a `code of silence' that pertains not merely about making accusations against fellow officers, but also in relation to going to the media about internal police matters.
This is claimed to be not merely a cultural prohibition within the force, it is in direct violation of the Victoria police code of conduct. Thus Karl Konrad was charged and then fined a total of $1000 - the sum of a series of fines imposed on him for unauthorised and in some instances directly prohibited statements to the media.
One of the justifications offered for this is that unauthorised statements can damage a particular police operation and additionally such statements might damage the public standing of Victoria Police and thus affect its capacity to work effectively within the community.
It has been argued that any body with such strong grounds for maintaining its own internal security is not an appropriate body to be charged with investigating itself.
Finally it has been argued that it is important that allegations against the police be externally and independently investigated because there is the possibility of an inappropriate policy of secret investigations being adopted by both the Victoria Police and the government of the day.
The former manager of the Victoria Police Complaints Authority, Mr Ian Freckelton, has maintained that the Authority was disbanded by the previous government because investigators had uncovered too much evidence of police corruption and misconduct.
Mr Freckelton claims that the organisation he headed became politically unpopular when it concluded that corruption was widespread and complaints against police were not being properly investigated.
`Both of these were politically unwelcome to the Government of the day,' Mr Freckelton has claimed.
The overall conclusion offered is that only a permanent independent investigative body, following on from the work of an inquiry or royal commission is likely to guarantee that a complete and impartial investigation is conducted.
It has been argued that this is necessary both to ensure that any corrupt police are removed and to protect the public standing of Victoria Police by ensuring it enjoys the full confidence of the public.
Arguments against an independent inquiry into Victoria Police corruption allegations
Those who oppose an independent inquiry into allegations of corruption within Victoria Police do so on three principal grounds.
Firstly they claim that corruption is not a significant problem within Victoria Police.
Secondly they maintain that the measures already taken and currently being put in place, to deal with such corruption as exists, are adequate.
Thirdly they suggest that only the police are in a position to adequately investigate accusations made about members of the force.
Those opposed to an independent inquiry maintain that none of those calling for an inquiry have offered any significant evidence to justify such an action.
According to this line of argument there is no significant corruption within Victoria Police and therefore an independent inquiry is not necessary.
The chief commissioner of Victoria Police, Mr Neil Comrie, has stated, `There is no evidence known to me of endemic corruption in this organisation. Were there, I would be taking action to address that in a very direct way.
`My view is that when we see some substance (of corruption) of any serious nature then we will react accordingly. If there is a need for a royal commission I will be the first to put my hand up and ask for it.'
This apparent faith in the essential honesty of Victoria Police was echoed in the Herald Sun in its editorial of January 6, 1996, which stated, `No Victorian could reasonably dispute the view that our police force is the finest in the country. It would measure up with any in the world against the twin yardsticks of integrity and devotion to duty.'
In the supposed absence of evidence of corruption, some critics of calls for an independent inquiry maintain that such calls are the work of pressure groups with a particular axe to grind.
Chief Commissioner Comrie was reported, on the third anniversary of his appointment as chief commissioner, as complaining about a `plethora of so-called community watchdogs' using the media to scrutinise the police in what he claimed was an excessive manner which had the potential to sap morale and might even reduce members' willingness to take appropriate action.
Critics of those calling for an independent inquiry supposedly without adequate grounds for doing so maintain that such an inquiry would be an attempt to find evidence of police corruption, rather than a response to such corruption.
This is the view of the Victorian premier, Mr Jeff Kennett, when he claimed, `I think there is a desire by some that there be an inquiry and in my opinion that is because it will be a fishing exercise and they want to breed off it.'
The second major argument offered by those opposed to either an independent investigation or the establishment of a permanent independent body to investigate allegations against police is that the system currently in place is sufficient.
According to this line of argument the actions already taken or being taken by Victoria Police to address any possible corruption among officers are adequate.
Included in these are the operations of the internal investigations department, which operates within Victoria Police and is charged with investigating all possible misconduct by officers.
Further to this, since 1993, the chief commissioner has had the power to dismiss officers shown to have acted improperly. Since this new internal disciplinary system was introduced the Chief Commissioner has dismissed 14 officers.
In addition to the internal investigations department, (and ultimately to replace it) Victoria Police is currently establishing an Ethical Standards Department.
Chief Commissioner Comrie has described the internal investigations department as being essentially a reactive body, responding to allegations against officers.
The Ethical Standards Department is expected to be proactive, attempting to prevent improper conduct before it occurs.
Chief Commissioner Comrie has said it will promote an attitude change via educational programs and the development of other anti-corruption strategies.
`This is not about dealing with the symptoms of the problem, this is about attacking the root cause of the problem ... The whole thrust of it is to bring about a cultural shift in the organisation.'
Chief Commissioner Comrie has suggested that the new department represents a more enduring and creative response to the potential problem of police corruption than any independent inquiry could be.
Currently, too, any member of the public with complaints to level at the police can do so through the ombudsman for police complaints. The ombudsman will then investigate through the agency of relevant police officers and the internal investigations department.
The ombudsman oversees, monitors and reviews the investigation.
Victoria's ombudsman, Dr Barry Perry, has defended the current system and its balance between police and external oversight and review.
Further, this system is about to be extended so that whistleblowers, that is, informants or those with a complaint from within the ranks of Victoria Police can also take their concerns directly to the ombudsman.
Thirdly it has been argued that the only people qualified to investigate allegations against police are police themselves both because of their knowledge of the work situation within Victoria Police and because of their special knowledge of investigative procedures.
The ombudsman, Dr Parry, has stated, `I certainly believe that police have to be involved if you want an effective system.'
Further implications
It seems unlikely that in the medium term an independent investigative body or a royal commission into police corruption will be set up.
In the unlikely event that the Kennett Government is removed from office on March 30 then the Labor Party has declared its intention to hold a royal commission.
Failing this it would seem that only further allegations of substantial corruption being made and brought to public attention are likely to bring about a royal commission, while a permanent independent investigative body seems only likely to be put in place were it recommended by such a royal commission.
Sources
The Age
28/9/95 page 12 letter to the editor from Karl Konrad, `Police need a royal commission'
12/11/95 page 1 and 2 news item by John Silvester, `Bribe scam hits police'
18/11/95 page 17 analysis by Shane Green, `Gun ho'
25/11/95 page 23 editorial, `The trials of an honest cop'
16/1/96 page 1 and 6 news item by Gary Hughes and Gerard Ryle, `Probe chief confirms corruption'
16/1/96 page 6 news item by Danielle Talbot and Clare Kermond, `Kennett shuns call for judicial inquiry'
16/1/96 page 6 news item by Gary Hughes and Gerard Ryle, `The force's untouchable admits the unthinkable'
16/1/96 page 11 editorial, `When "the joke" is no laughing matter'
17/1/96 page 4 news item by Gary Hughes and Gerard Ryle, `Ombudsman seeks wider role'
19/1/96 page 4 news item by Nicole Brady, `Kennett rules out external probe of police corruption'
21/1/96 page 10 comment by Brian Toohey, `The whistle-stop tour'
3/2/96 page 1 and 4 news item by Gerard Ryle and David Adams, `Comrie acts to fight corrupt police'
3/2/96 page 4 news item by David Adams, `Calls for police inquiry continue'
3/2/96 page 4 news item by David Adams, `Whistle-blower holds fears for reforms'
6/2/96 page 4 news item by Jason Koutsoukis, `New police ethics chief dismisses calls for inquiry'
9/2/96 page 1 news item by Gerard Ryle, `Police corruption probe: 2 arrests, 3 suspensions'
11/2/96 page 7 analysis by John Silvester, `Dismantling the blue wall of silence'
13/2/96 page 6 news item by Tim Winkler, `Monash academic calls for inquiry into police'
11/2/96 page 12 editorial, `Police have to be investigated now'
The Australian
9/2/96 page 2 news item by Chip LeGrand, `Window-shutters scam reveals police corruption'
14/2/96 page 3 news item by Ben Hutchings, `Police whistleblower fined $1000 for talking'
The Herald Sun
3/1/96 page 1 and 4 news item by Peter Mickelburough, `Comrie: Get off our backs'
3/1/96 pages 4 and 5 news item by Peter Mickelburough and Geoff Wilkinson, `Pain, anger of Comrie's force'
4/1/96 pages 10 and 11 news item by Peter Mickelburough, `Police chief under constant siege'
6/1/96 page 18 editorial, `Victoria's finest'
16/1/96 page 4 news item by Michael Gleeson and Michelle Pountney, `Policeman bribed on film'
16/1/96 page 12 editorial, `Whistling in the dark'
16/1/96 page 13 comment by Geoff Wilkinson, `Whistling an odd tune'
18/1/96 page 12 editorial, `A question of appearances'
3/2/96 page 3 news item by Geoff Wilkinson, `New status for whistleblowers'
What they said ...:
`The only way the public can be assured of a corrupt-free police force is to have an independent royal commission with the broad-ranging power of the (current) New South Wales royal commission'
Constable Karl Konrad
`I think there is a desire by some that there be an inquiry and in my opinion that is because it will be a fishing exercise and they want to breed off it'
Victorian premier, Jeff Kennett