“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The

Whistle NO. 38, JULY 2004 Newsletter of Whistleblowers Australia PO Box U129, Wollongong NSW 2500

Whistleblowers Australia Annual General Meeting 11.00am (provisional time), 27 November 2004 Melbourne Unitarian Peace Memorial Church 110 Grey Street, East Melbourne, Victoria The AGM will be followed by a conference on 27-28 November. Details will be in the next Whistle.

Tentative agenda Nominations should be signed by two members • Introductions and be accompanied by the written consent of • Minutes of the previous meeting and business the candidate. arising In the past, we have consulted beforehand to • Reports of activities during the year, find suitable volunteers. If you are interested in including campaigns, submissions, publications, joining the national committee, it would be Treasurer’s report, etc. helpful to talk with one or more current • Strategy discussions members. (See back page for list of WBA • Election of the office bearers and ordinary contacts.) members of the national committee • Other business and close of meeting Proxies

Nominations for national committee positions A member can appoint another member as proxy must be delivered in writing to the national by giving notice to the secretary (Cynthia secretary (Cynthia Kardell, 7A Campbell Street, Kardell) at least 24 hours before the meeting. Balmain NSW 2041) at least 7 days in advance of Proxy forms can be obtained from the secretary. the AGM, namely by Saturday 20 November. No member may hold more than 5 proxies. Media watch

Stand up for Just as ethics have collapsed in cence in governmental secrecy, helped business, the ethos of service and duty bring the disaster on themselves.” whistleblowers’ rights is almost gone from the public service. How can we avoid this terrible Don’t give the government the facts, trend? Wouldn’t it be great if we raised Margo Kingston because it doesn’t want to know. money for a whistleblowers’ fund for Sun-Herald (Sydney), 18 April 2004 Without the facts, or honest risk and our nurses in NSW who spoke out effects assessments, the Government about the decay of our hospitals; Lance Why do they do it, these whistleblow- avoids taking moral responsibility for Collins, who spoke out about intelli- ers? Why do they dare speak out? what it does, and can safely lie to us. gence services corruption; Andrew Whether in the private or public sector, In return, senior public servants get Wilkie, who told us before the Iraq war often they lose their livelihoods, and “performance bonuses”, job security that the Government was lying; and the strain can damage their health, end and “status”. Why, they even get onto many others. So many “ordinary” their closest relationships and smash honours lists. people have turned their lives inside their friendships. Almost always they Funny, isn’t it, that Collins didn’t out for us. We need to show them it’s are smeared, threatened and put under get an official award for his work in worth it. There could be annual intolerable psychological pressure. East Timor. Courageous, ethical awards, but there’d be ongoing What do they get in return for their people who care for their country and financial support too, and hideaway courage, their defiant insistence that fight for its values don’t get honoured homes when the going got tough, and one person can make a difference and by governments in the main. Who will help in finding work. must, when faced with a choice honour our democratic torchbearers? The balance of power is so stacked between right and wrong, look the Web diarist Peter Gellatly wrote: against the ethical individual that powerful people in their world in the “All the evidence points to the public unless citizens do something to redress eye and say “No!”? having a very short attention span, and, it, we’ll run out of whistleblowers. They get pats on the back from subsequent to a fast but fleeting bout We’ll miss them when they’re gone. some of us for a little while, but in the of moral outrage, not really giving a end they’re alone with the friends they damn. This lack of public support is have left when the fair-weather ones responsible for a dearth of overt have gone. fearless principle in the public service. Lance Collins this week joined a The putatively courageous might be growing list of public service whistle- forgiven for concluding that the public blowers who’ve stood up for truth, the they serve does not value, and is public’s right to be told it, and the therefore not entitled to expect, the public interest. Mahatma Gandhi said whistleblower’s inevitable personal that whatever we do in the world is sacrifice — a sacrifice borne not just insignificant, but that it is very import- by the individual but by his/her ant that we do it. That’s because when family.” enough of us are brave enough to stand Web diarist Jamie Clark quoted up for what is right, the world will Stanford University professor of change. And part of standing up is philosophy Richard Rorty, who looking after our whistleblowers. believes the West is becoming post Unless we start doing what we can democratic: “The progress humanity to back them, the public service will be made in the 19th and 20th centuries beyond repair. It’s our public service, was largely due to the increased role of in the end, and its ethics and commit- public opinion in determining ment to the public interest are a government policies. But the lack of bedrock of our democracy. public concern about government Robert Menzies put it well in 1942 secrecy has, in the last 60 years, in one of his “forgotten people” created a new political culture in each broadcasts: “Do not underrate the civil of the democracies. In a worst-case servant. He is for the most part scenario, historians will some day have anonymous and unadvertised, but he is to explain why the golden age of responsible for by far the greater part Western democracy lasted only about of the achievements sometimes loudly 200 years. The saddest pages in their claimed by others. He provides, as a books are likely to be those in which witty friend of mine once said, ’a level they describe how the citizens of the of competence below which no democracies, by their craven acquies- government can fall’.”

PAGE 2 THE WHISTLE, #38, JULY 2004 Articles

Whistleblower legislation proven to have intimidated, harassed or 1995. These inquiries remain the most vilified fellow employees, to have their comprehensive discussion of whistle- long overdue assets become the means by which blowing in Australia, because they down-trodden employees are recom- examined more than 100 cases and Edward Regan pensed for the failings and vindictive- many variants of legislation. We need ness to which they have been sub- to establish a contemporary compre- Following on after the whistleblowers jected. hensive database on Australian whis- exposed inadequacies and incompetent Of course, this would include tleblowing. The existing state and dealings at Campbelltown and Camden people who are in a position to help Federal legislative frameworks are Hospitals and the unbridled anger of such disadvantaged employees, yet providing little information as to the the former NSW health Minister totally ignore requests by these disad- state of play of whistleblowing in towards the whistleblower nurses, we vantaged employees for review or Australia. The data is simply not being are now witness to an inhumane, assistance in combatting this evil collated. barbaric cruelty from various occupy- vilification and the resultant corrupt Secondly, the first two Senate ing forces in Iraq towards Iraqi prison- cover-ups. With the ongoing exposure inquiries were conducted in the period ers. of liars and cheats at every level in 1993-5 when there was no Federal Whatever advantages the Allies society and the general population legislation, and legislation in only one may have held, their position has been thirsting for more transparency, state. Whistleblowing legislation and seriously eroded by the disgusting especially at a government level, such the concept of protection were in its behaviour of a minority of soldiers, but legislation is long overdue. embryonic form. It is now opportune worse still the ensuing attempts to to revisit the issue given the existence cover-up this unforgivable behaviour of Federal legislation and the existence at a high level is corrupt in the of state legislations. The inquiry can extreme. Request for inquiry into then focus on the effectiveness of the On a personal level, I have wit- whistleblowing legislation. nessed a number of senior Australian Thirdly a Senate inquiry can also Protective Service officers being quite [Editor’s note: Longstanding member focus on other types of legislation, loose with the truth at my Federal Kim Sawyer has written, on behalf of which may assist whistleblowers, such Court hearing and various appeals Whistleblowers Australia, to several as changes in defamation laws, the US hearings as I sought to gain justice, as federal politicians requesting a senate False Claims Act, and legislation yet unsuccessfully. Now we have inquiry into whistleblowing. This is regarding public officials. In the last former disgraced NSW Police Officer one of his letters. Results from this 10 years, there have been many new Roger Rogerson and his wife openly effort will be reported in future issues developments in whistleblowing admitting that they both perjured of The Whistle.] legislation internationally. It has been themselves before the Police Royal the experience of other countries, most Commission several years ago and April 18 2004 notably the United States, that whistle- maybe are now subject to a lengthy blowing legislation needs to be prison sentence. Senator Bob Brown continuously refined. There have been Recently, we had a very brave Parliament House amendments to the US legislation in Australian Army intelligence officer, Canberra ACT 2600 1979, 1986, 1989, 1994, 1998 and Lt Col Lance Collins, blowing the 2001. The difference in the US is also whistle, much to the indignation of Dear Senator Brown that there is far more comprehensive various Commonwealth Government data collection. Similar refinement is officials. On behalf of Whistleblowers Australia, required in Australia. A Senate inquiry Surely, it is high time that the state I write to you to request your support can provide the information for that premiers and their opposition parties, for a Senate Inquiry into Public refinement. and Mr Howard and Mr Latham at a Interest Whistleblowing. In particular, Finally, and most importantly, a Commonwealth level, got together and I request that the Greens commit to Senate inquiry is needed because the in bipartisan agreement, enact legisla- such an inquiry in their election policy main problem facing Australian tion to protect whistleblowers by platform. whistleblowers is not legislation, but lifting the rules that effectively gag There are compelling reasons for a enforcement. Australian regulators are employees from blowing the whistle new Senate inquiry into whistleblow- demonstrating an unwillingness to on incompetent practices, ineffective ing. First, it is nearly ten years since investigate impropriety and to protect and corrupt managers, especially the first Senate inquiry into public whistleblowers. The unwillingness of within the public service. interest whistleblowing reported (in our regulators to use the power Perhaps it is long overdue for anti- August 1994), and nine years since the entrusted in them constitutes a signifi- vilification legislation to be also second inquiry reported in October cant regulatory non-response. And this passed, whereby people who are non-response is resulting in significant

THE WHISTLE, #38, JULY 2004 PAGE 3 costs. In evidence before the HIH provide a reason for his conclusion. produce such evidence. I request that Royal Commission, an accountant Finally, the Ombudsman did not the Greens consider promising a testified that he forwarded a 21 page attempt to determine whether the Senate inquiry into whistleblowing as report to the Australian Prudential whistleblower should be protected. part of their election policy platform. Regulatory Authority (APRA) more The second example relates to than three years prior to the collapse of university enrolments. In 2001, I was Associate Professor Kim Sawyer HIH. The report showed that the net provided with information pertaining Department of Finance assets of HIH could easily be reduced to enrolments at the Royal Melbourne University of Melbourne to negative, which would leave policy Institute of Technology. This informa- Parkville, Victoria 3010 holders unable to receive claims. tion is attached to this letter. It shows APRA did not respond. that staff were strongly advised to Because systematic statistical and enrol in subjects in the University’s case study information on whistle- TAFE sector in order to close a short- Australian standard on blowing cases is not being formally fall in demand, a shortfall which would whistleblowing collected, evidence relating to regula- have resulted in substantial financial tory non-response is necessarily penalties to the University. In June Peter Bowden exiguous. Typically, I do not discuss 2001, I referred this information to the [email protected] specific cases. However, I have Victorian Auditor-General, and was (member of WBA) decided in this letter to provide two assured that an inquiry would take examples to illustrate the problem of place. No inquiry eventuated. These AS8004 is a major advance in regulatory non-response. In the first matters were referred by another party strengthening ethical behaviour in case, I have omitted the specifics to to the Victorian Auditor-General in Australian organisations. Standards highlight the process, rather than the February 2003 and again there was an Australia is to be congratulated. But case itself. In 2002, a staff member of assurance that an inquiry would take it needs much more work. The key a Victorian university wrote to the place. No inquiry eventuated. question is how to ensure that it will Victorian Ombudsman in relation to an The responses of the Victorian be effective. internal inquiry that had been con- Ombudsman and the Victorian The new Australian Standard, ducted at that university. In response, Auditor-General have a common AS8004 — Whistleblower Protection the Ombudsman concluded that pattern. In both cases, there appears to Programs for Entities, released 23 June be an unwillingness to investigate 2003 — is a great step forward in “The actions of the University were possible impropriety. This is the protecting whistleblowers against reasonable in the circumstances.” common experience of whistleblowers reprisal when they report wrongdoing in Australia. Why do regulators fail to by their employer or their colleagues. In arriving at this conclusion, the respond? The first possible reason is The standard acknowledges that Ombudsman states that that the regulators regard the matters as whistleblowing does occur and that not material. My view is that in the whistleblowers need to be protected “I have had the opportunity to discuss two cases referred to, the matters were from the savage reprisals that are the issues raised with the Professor fundamental to proper governance. A usually taken against them. Whistle- (who conducted the inquiry), and second possible reason is that the blower support groups will also further consider his report in light of evidence presented is imprecise or welcome that whistleblowing is now a those discussions. It appears to me that biased. But in both cases referred to, legitimate activity, and that whistle- the investigation into the matter has no formal investigation was ever blowers are not, as the letter to Time been conducted in a reasonable conducted to test the evidence. The called them: “traitors to their organi- manner in assessing the allegations final possible reason is that the zations.” But they will argue that made. I am unable to discuss the regulators do not want to investigate AS8004, although a major advance, specifics of my discussions with the the matters, because their primary role and to be welcomed, needs major Professor, however I can report that I is to protect institutions rather than rework. It has several weaknesses. am satisfied that there was no individuals. I have come to the view Most important is whether it will deliberate omission of key questions that this is the main reason for regula- work. Enron Corporation had a 64 that may have compromised the tory non-response. The reputation risk page code of conduct proclaiming its integrity of the investigation.” of institutions appears to be far more core values — respect, integrity, important to regulators than the communication, and excellence — The review of the Ombudsman is an protection of whistleblowers. RICE for short. That corporate ethos example of the regulatory response To fully understand the whistle- was plastered on company T-shirts, its that most whistleblowers receive in blowing problem in Australia, we need intranet, pamphlets, and paperweights. Australia. First, there was no formal to understand how whistleblowing RICE was even emblazoned on a giant investigation of the matters in laws are being enforced. Unfortu- banner that hung from the ceiling at question. The Ombudsman did not nately, because regulators are not Enron headquarters in Houston. interview the whistleblower or their subject to formal scrutiny, there is little Sherron Watkins, Vice President for lawyer. Secondly, the review is not evidence on enforcement. I would Corporate Development, wrote to CEO transparent. The Ombudsman does not contend that only a Senate inquiry will Kenneth Lay detailing a number of

PAGE 4 THE WHISTLE, #38, JULY 2004 causes for concern within the organi- and that societies that encouraged conduct. To ask a whistleblower to sation. When everything came to light informers were infamous tyrannies, report “conduct which may cause five months later, she even testified such as existed during the Spanish financial or non-financial loss to the against him in front of a grand jury in Inquisition (as reported in CA entity or otherwise be detrimental to Houston. Watkins even wrote to a Magazine, April 1999). the …entity” reflects the public sector colleague at Arthur Anderson, the now With opposition as strong as this, source of the standard. Whistleblowing near-defunct accounting company that and with no protective legislation, on any waste and mismanagement in was Enron’s auditor, about her what are the chances that a strength- the public sector is of benefit to us all. concerns. Nothing happened. AS8004, ened AS8004 can better protect the Placing the same requirement on the even if followed, would not have whistleblower and give a greater private sector will encourage frivolous prevented Enron’s disintegration. assurance of being successful? And complaints. The reporting of problems Watkins had no whistleblower success is what we need to achieve. within the corporation needs to be protection legislation to support her. Research conclusively demonstrates confined to activities that are illegal or Whistleblowers in the private sector in that ethical behaviour in organisations clearly not in the public interest. That Australia also have no legislative pays off. The organisational and way, and with suitable external protec- support. AS8004 is based on legisla- personal relationships between people tion, a public spirited employee of HIH tion in the Victorian public sector, are more soundly based, requiring less or FAI might have spoken out against where an ombudsman is obliged to checking and verification. Companies the wheeling and dealing that marked examine the allegations. Other parties with an ethical culture are also more those debacles in Australian corporate to whom the public sector whistle- innovative and more financially history, well before thousands of blower can go are the Chief successful. Related research also people lost their savings and their Commissioner of Police, the Auditor- shows that, for the same reasons, insurance protection. General, the Deputy Ombudsman, the economic growth in a country is Another area where AS8004 needs Environment Protection Authority and directly related to the degree of tightening is in its encouragement to the Victorian Workcover Authority. honesty and trust among its citizens whistleblow on unethical conduct, or No private sector whistleblower can (see references). This trust depends on other seriously improper conduct. approach any of these agencies and many factors, one of which is the What is unethical conduct? Or receive protection. He or she has institutional structures in a country that improper conduct? Peter Drucker limited protection by the Australian promote honesty and trust. AS8004 is would complain that whistleblowing Securities and Investment Commis- the beginning of one such institutional itself is unethical. Is large scale sion, and the Standard should point mechanism. downsizing unethical? Is meeting that out. AS8004 advocates two extra extortion demands in many Third We know that whistleblowers are positions: an independent whistle- World countries unethical? Tighter victimised. The Time article that blower protection officer and an definitions are needed to guide both earned the letter of condemnation was investigations officer. Such positions, the whistleblower and the investiga- on three women who went public presumably part time, are a major step tions officer. AS8004 suggests using about illegalities and mismanagement forward. But no internal staff member the Australian Standard on Codes of at Enron, WorldCom and the FBI. In can be totally independent. He or she Conduct as a guide (AS8002). This 2002 Time voted them Persons of the will be dependent on the chief execu- standard does provide guidelines, Year. Each of the women suffered tive or the board for their future which could well be incorporated into considerable discrimination from their success in the company. In addition to AS8004, but even then, there are many fellow employees and supervisors. It is internal whistleblower reporting weaknesses in AS8002. The major one virtually impossible to keep secret the channels, therefore, companies need to is that it does not have any external source of a whistle, for the conduct establish an external organisation or means of rectifying a wrongdoing. that is reported is often known to only person, clearly independent and with Recent examples in Australia show a few people. The whistleblower is precise and known terms of reference, that relying on internal correction of an easy to identify. Fellow workers to whom a whistleblower can turn. ethical problem is ineffective. Weak usually treat them as pariahs, and their That person or organisation would codes have resulted in damage and bosses will follow up with a dismissal. have the authority and the capability to suffering to clients, falsified research One of Australia’s leading ethics investigate complaints, to take them to grant applications, nepotism in textbooks describes a former president the board, regulatory or law enforce- recruitment, promotion and dismissal, of General Motors classifying whistle- ment authorities or professional and bribery to achieve preferred blowing as “eroding … the loyalty of associations as appropriate. Such steps treatment of clients. A code of ethics the management team, with its are not that radical. Codes of ethics of needs to be specific to the company, to unifying values and cooperative some companies already permit such the industry in which it operates, and work.” The same book also questions action. It is a much more specific to the obligations of the professional the fairness of placing the burden of stipulation than AS8004’s vague disciplines that comprise its staff, but it social responsibility of business on requirement for an “external reporting also needs to be enforceable. individuals. Management guru Peter line”. In summary: AS8004 on whistle- Drucker says that "whistleblowing" is AS8004 also needs to tighten its blowing is a major step forward, as is simply another word for "informing" definition of what is reportable its companion standard AS8002 on

THE WHISTLE, #38, JULY 2004 PAGE 5 codes of conduct, developed at the Supt. Ken Seddon, the man Ryan had for the fight against police maladmin- same time. Standards Australia is to be brought from England too, to set up a istration and corruption. congratulated. They are only first new intelligence-based crime man- Paul Herring found himself in the steps, however, and both documents agement unit covering the area vanguard of management reform when need to be expanded to further define commands, was just as surprisingly Assistant Commissioner Christine what unacceptable conduct is. The under attack — he was given the boot, Nixon (now Commissioner of the whistleblowing standard also needs to and his chief colleagues either fired or corruption-plagued Victorian police introduce more rigorous and independ- suspended. force) enlisted him in 1995 to examine ent steps to ensure that whistleblowers Then Ryan himself was fired by the conflict management in the NSW not only can speak out without repri- Carr Government’s political hatchet- service in the wake of the Wood royal sal, but that institutional and corporate man, Michael Costa (“Where the hell commission. He was eminently mechanisms are established that ensure did he come from?” you may have qualified for the job: he’d been in the that their speaking out is acted on. asked), whom I recall now as stepping police force from 1977 to 1990, and in and taking control of the whole had then spent five years in the private References affair with about as much subtlety as a sector as a corporate manager and PR Marc Orlitzky, Frank L. Schmidt and shaven-headed, heavily bespectacled consultant before returning to the Sara L. Rynes, ‘Corporate social and Brahmin bull crashing purposefully service. financial performance: A meta- through a picket fence. Together with Terry O’Connell, a analysis,’ Organization Studies, Then Ryan was replaced by Ken “guru in restorative justice,” and Jim Volume 24, Number 3, 2003; Joshua Moroney, a man who’s put the Ritchie, formerly with ASIO and now Daniel Margolis and James Patrick commissioner’s uniform and boots lecturer in ethics at the NSW Police Walsh, People and Profits? The back into the commissioner’s chair and Academy, Herring began work on a Search for a Link Between a who, to many minds, is exactly what project which was aimed at a complete Company’s Social and Financial was needed after all the intrigue and sea change in the way the police Performance (Mahwah, NJ: Erlbaum, bloodshed — the comforting look- service runs itself. The team, called the 2001); Paul J. Zak and Stephen Knack, alike of an uncomplicated, benign, Conflict Assistance Group, got to work ‘Trust and growth,’ The Economic true-blue Aussie desk sergeant heading with what Herring describes as a Journal, Volume 111, April 2001. the force. “group dynamics discipline to resolve It was left to the resulting Malta and heal conflict, which was more well inquiry — a probe that lasted 70 days, known in community work but which interviewed 52 witnesses, produced we’d adapted as a police model.” Police reform in NSW: seven thousand pages of transcript, Herring says it wasn’t an easy Paul Herring’s story cost the NSW taxpayer $8 million and programme to push in the police then concluded that no-one was guilty service — “It made certain people Derek Maitland of anything — to leave observers like accountable for inappropriate behav- Media Officer, WBA me with the same questions I’d started iour,” and he explains the sort of out with: What the hell is this all entrenched management attitudes it Think back to the spring of 2000, and about? What’s been going on? was up against. you may remember, as I do, that it was Had there been a backlash or “We were trying to pioneer an not just the triumphant aftermath of the counter-attack against efforts to reform improvement in relationships in police Sydney Olympics but also yet another the badly tarnished service? It certainly management, trying to implement a time of high drama, blood-letting and looked that way, with Ryan and fair and decent process and, signifi- confusion within the much-belea- Seddon gone and Seddon’s landmark cantly, stop workplace bullying. But guered New South Wales Police Crime Management Unit demolished. we faced a very authoritative, obedi- Service. But if you talk to whistleblower ence-related organisation that doesn’t It was confusing because if you Paul Herring, one of the chief instiga- allow much room for innovation, weren’t privy to what was going on in tors of reform and a chief victim of the creativity or flexibility.” the highest echelons of the force, you whole shabby episode, suspended and The group based its work on the 10 could only sit back and wonder if, in virtually out of work for the past three key reforms recommended by the the wake of the damning Wood Royal and a half years as a result of it, the Wood royal commission, and its Commission into police corruption and “Malta Affair” was more to do with chilling observations on police maladministration, the service wasn’t management conflict and behaviour management — basically that it was an tearing itself apart completely. than straight-out wrong-doing. And it’s inward-looking management charac- Commission Peter Ryan, enlisted at produced the disturbing scenario of a terised by fear and intimidation, with great expense and fanfare from traditionalist, military-style organiza- officers too scared of the people above England to administer and reform the tion refusing to adopt modern them to say what was on their minds. service in the wake of the Wood management concepts and practices Says Herring: “Many officers were inquiry, was suddenly under threat and preferring instead to retain a style working in isolation. Crime fighting from the force and the Carr Govern- of command based on discipline and, was suffering. When you get cops who ment “out on a limb,” as his situation in some cases, fear. All of which does fear the police station more than the at that time has since been described. not bode well, as you might imagine,

PAGE 6 THE WHISTLE, #38, JULY 2004 streets, you can see what the damage is Ritchie retorted: ‘No. It’s the whole When the Malta Report came out in going to be to the system.” barrel that’s rotten’.” November 2002 it recommended that “When you consider that the NSW In October 2000, the whole he be reinstated on his original salary. police service is virtually a major struggle came to a head. First, Jim But nothing happened. Instead, the corporation, a $1.6 billion-a-year Ritchie decided to go public on the Commissioner gave notice of a second business, you have to find the right resistance and antagonism within the “disciplinary inquiry” into the already people to run it, and to run it properly.” force. Then Paul Herring decided to flimsy allegation that he’d been rorting It was Commissioner Ryan’s UK take the whole affair to the Police travel expenses. protégé, Ken Seddon, who in 1998 Integrity Commission. On the day he But by this time, Paul Herring had gave the programme its biggest boost. went there, Ken Seddon called a media had enough. He launched a Supreme Seddon had seen how well a model conference to expose what he termed Court action involving breach of launched with the Shoalhaven police, “corrupt processes of management” contract. It was also at this time that he south of Wollongong, had worked, and within the police. Then Jim Ritchie contacted Whistleblowers Australia, after a formal presentation by the held a press conference of his own. and received great sympathy, advice group, Herring says he saw it “as the As in most whistleblower cases, the and support from President Jean missing link to what he was trying to police hierarchy struck back, and hard. Lennane and other members. do in crime management in the field.” Ryan sacked Seddon and Ritchie. Paul In March this year, just as his case Herring says Seddon went to Ryan Herring was suspended from duty, and was about to come up in the Supreme and “tried to sell him the idea that it his salary cut by $30,000. The Court, there was a sudden move for should be integrated with his own commissioner then instigated an mediation by the police service. The crime-busting programme.” He says Internal Affairs probe into his, and the settlement, reached on March 10, Ryan’s response was not just curious, team’s, travel expenses. “Ryan’s words agreed to his return to work, and it considering he’d been given the job of were: ‘Get dirt’,” he charges. came as a complete shock considering rebuilding and reforming the damaged Again, the question begs: why did the three long years that had lapsed by service, but bluntly indicative of the Commissioner Peter Ryan, the man then. resistance that was building in the charged with restoring the NSW force, As Herring says: “I asked them: service by that stage. “Ryan told behave the way he did? Herring attrib- ‘Why has it taken three and a half Seddon: ‘Beware of that group’,” he utes it to ego and inflexibility. “Ryan years to come to a decision that you’ve says. “The commissioner didn’t like was a pretty sharp criminal investiga- just made in half an hour?’” Terry O’Connell or Jim Ritchie.” tor, but he also gave the distinct But his crowning triumph came However, Seddon stuck to his impression of being a megalomaniac, when Supt Peter Gallagher phoned him guns, and managed to convince Ryan besotted with his own importance. He and offered him a job. Gallagher had that the scheme would work, and the also knew nothing about creative been commander at Orange when two programmes — his own crime- management, and was out of his depth Herring’s management behaviour busting effort and the management when it came to changing the police model was tested there. He’d been group’s behavioural change process — culture and behaviour.” impressed by a resulting reduction in were amalgamated under a new Crime Astonishing as it may seem, Paul local crime. Management Support Unit. Herring was suspended from his job — After the Supreme Court settle- Two years later, by mid-2000, it still employed but forced to stay at ment, Gallagher was instructed to was clear that the groundswell of home — for a full three and a half review Herring’s file. He rang Herring opposition within the force to years. And most of the time was spent to tell him he’d found nothing in his management behavioural change was fighting off the service’s attempts to case to substantiate suspension, was not going to be overcome. “We had the smear him and find a legitimate reason therefore lifting it and offering him a feeling that senior commanders in the to kick him out altogether, and rallying job in employee management under his field had been got at — they were legal support to challenge the suspen- command at Hornsby Police Station. reticent, to say the least,” Herring sion, meanwhile working for Meals on His wife, Jacqui, recalls: “Paul got recalls. And by then it wasn’t just the Wheels and as a driver for a nursing off the phone and cried for three or programme that was getting stone- home. four minutes. He just sobbed. He’d got walled, but personalities too, particu- “I tried to get the ICAC to investi- his sense of himself, his faith in larly Ken Seddon. gate the case, then the NSW Ombuds- himself, back at last. It’s terrible what “Cops hate change. They hate man, then tried to get it raised in State ruthless people can do to you, what change of any kind,” Herring says. Parliament,” he says. He vividly they can rob you of.” “Especially from someone from recalls going through the sort of Now back at work, Paul Herring England.” And the frustration that the trauma that most whistleblowers suffer has found that things have changed group felt at that time — “a constant — a lack of support from his somewhat since the bloodbath that rollercoaster of expectation and colleagues within the police hierarchy culminated Commissioner Ryan’s emotion,” as Herring puts it — leaving him with a “sense of a lack of reign. And they’ve changed somewhat exploded dramatically in an incident self-worth” and a frustration that gave for the better. “What’s happened since that he attributes to Jim Ritchie. “We way to bouts of depression and rage I was pushed out is that a lot of were told: ‘There are just a few bad that almost destroyed his marriage. disgruntled mid-level officers have apples opposing the programme’. gone. We’re left with a lot more

THE WHISTLE, #38, JULY 2004 PAGE 7 young, enthusiastic officers who make sense in the light of this covert in parallel with the ETC issues, and is genuinely care about people and agenda. being handled by the same individuals. making a difference.” The Independent Commission The issue is the self-regulation of And this was all Paul Herring was Against Corruption (ICAC) ran a workplace conduct in Australian after in the first place. As he says: “In workshop in August 2002 on Degrees higher education. Self-regulated essence, the police service is a corpo- of Risk, A corruption risk profile of the workplaces have come under criticism ration, and our customers are the NSW university sector. It used ETC as for the tendency to cover up people of New South Wales. And they an example as follows. wrongdoing. Michael Bradley, writing deserve the best police service we can for the Sydney Morning Herald on 15 give them.” An example of what can go wrong March about psychotherapists and if monitoring and oversight are sexual misconduct, commented on inadequate is exemplified in internal investigations: ‘The Catholic recent findings by the AO [Audit Church’s preference for a similar Misconduct at UNSW Office] and Ombudsman in approach of “in-house” investigation relation to the management of the was roundly blamed for spawning the Amanda Chang Education Testing Centre (ETC) culture of secrecy, deception and at the University of New South intimidation after a 2002 investigation [Editor’s note: In the January issue of Wales (UNSW). Problems at the in which 1200 American priests, The Whistle, Derek Maitland wrote ETC were found to be serious, of shielded for decades by their col- about the case of Margaret Love, a long standing, and, despite leagues, stood accused as sexual manager at the Education Testing complaints about them, not acted predators.’ Centre (ETC) at the University of New on by the University. … The AO’s The UNSW response to the South Wales (UNSW). This article, on most recent report, in November scandals involving ETC was to transfer the same general topic, arrived under 2001, concerned the Educational control to a wholly owned UNSW the apparent pseudonym “Amanda Testing Centre at UNSW. The company, NewSouth Global (NSG), Chang.” I checked the contents with a AO’s opinion was that there were from 1 July 2001. The previous knowledgeable person. As well, I shortcomings at several levels, failures were personalised and the invited comments from the Director of including: previous management was blamed, not Communications at UNSW, but • Detecting and investigating for management performance, but for received no reply. The article has been problems that had existed for failing to cover up by getting rid of any edited for expression.] several years, yet remained troublemakers before the issues went undetected public. NSG appointed Kerry Hudson ETC was in the headlines in 2001 for • The corporate oversight of the as acting General manager in mid 2001 its management practices in earlier centre, from high level oversight, and the search for a replacement for years. Several damning independent for example, identifying and Professor Jim Tognolini, the then reports, such as one by the NSW Audit documenting management of the Director of ETC, was undertaken. The Office report in November 2001, financial and other risks, to head of ETC is a high profile position recommended thorough reform. An specific personnel issues, for liaising with state departments of equally critical Ombudsman’s report example, the structure of position education, private school organisa- was not published but attracted further descriptions, and, tions, schools throughout Australia and damaging headlines affecting the • Management within the Centre. the full range of international schools reputation of UNSW and the whole In short, not only did “all the education stakeholders, particularly in Australian higher education sector. findings point to a serious lack of New Zealand and Singapore. The head The continuing saga of misconduct management controls, proper of ETC represents UNSW in a sensi- allegations against UNSW staff shows accountability and management tive and important field of schools no sign of ending. Following investi- practices with the ETC” … More education and has a high media profile gations some years ago into misman- specifically the AO found serious right down to being often quoted on agement at ETC, recommendations for inadequacies in the way the school websites and in publications. reform were made by the NSW Audit UNSW: In November 2001, Dr Alan Office, the Ombudsman and the • Monitored the Centre’s perform- Bowen-James was chosen to be ETC’s Independent Commission Against ance new General Manager, with the Corruption. The then Vice Chancellor, • Documented the Centre’s budget decision made by Professor John John Niland, made a commitment to process, and, Ingleson, CEO of NSG, and Kerry implementing the recommended • Oversaw the activities of the Hudson. The choice was controversial, reforms. However, according to ETC Centre, including its business and immediate written complaints staff I spoke to last year, this did not decisions. were sent to Professor Ingleson. Dr influence the UNSW culture, or Bowen-James had an unfortunate accepted strategy, of “lying, cheating ICAC has been advising UNSW on the reputation based on his professional and covering-up.” Subsequent handling of misconduct issues, misadventures. In 1992 (27 [NSWLR] management decisions at ETC only particularly on the Professor Bruce 457), in a unanimous NSW Supreme Hall case, which has been continuing

PAGE 8 THE WHISTLE, #38, JULY 2004 Court finding, the judges said of Dr was born. The previous reviews had to be a “forced redundancy in a sham Bowen-James: been critical of the previous major restructure” in November 2003. software project known as MARP The complaints from ETC staff Referring to the false statements because of cost over-runs of millions were backed up by deteriorating made by the appellant in his of dollars, delays and shortfalls on performance at ETC, and even the applications for positions the capability. The PRONTO project was UNSW student newspaper was in on deputy chairperson and lay the result of the UNSW reform the ‘Scandal at UNSW’ in March 2003 member said: … ‘His response to process, and featured in the 2002 NSG (Tharunka, volume 29, issue 2). The cross-examination was one of Annual Report. The NSG Annual commitment of UNSW management to evasion, shifting his ground and, Reports are all gloss and no substance the support of Dr Bowen-James was we are quite satisfied, lying on his so it is no surprise that the PRONTO absolute and he was given protection oath.’ when referring to previous project just disappeared from the 2003 and immunity from any form of Medical Tribunal hearings, and Annual Report. The project was complaint, for an extended period. Dr further found that ‘This abandoned in 2004 as a total loss. No Bowen-James delegated this privilege assessment of his evidence which over-runs, delays and shortfalls — just to a selected few at ETC. The protec- depended upon established falsity a total loss of millions of dollars. Dr tion of UNSW staff extends to the in statements made by him and his Bowen-James resigned suddenly in payment of ‘hush money’ that is responses in cross-examination is November 2003 and Alexander Roche exchanged for deeds of release. unchallengeable.’ and Chris Mountford resigned in May The deeds of release used by 2004. UNSW give complete protection to The three Supreme Court hearings in Dozens of complaints to Professor UNSW staff from any legal recourse regard to Dr Bowen-James case did Ingleson about Dr Bowen-James and for workplace misconduct or, it would not alter the medical tribunal finding the new management team were made appear any unlawful activity whatso- that Dr Bowen-James was guilty of from November 2001 until the last ever. By signing one of these deeds, sexual misconduct, and he was struck departure. The total financial loss to the victim releases and discharges the from the register of medical practi- ETC, NSG and UNSW cannot be University from: (1) any rights, tioners. calculated because all efforts to demands, claims, actions, suits, The ETC staff objecting to the implement the recommended financial complaints or proceedings that either appointment of Dr Bowen-James were reforms were abandoned in favour of may now have, have had in the past or concerned about his suitability. One more flexible financial reporting may either now or in the future have staff member I spoke to suggested that arrangements. The financial informa- against the University; (2) anything “abuse of workplace power was a tion on ETC is in the NSG Annual related to the subject matter of the contributor to the previous ETC Report: nothing. There is apparently deed. The victim is gagged: they are problems and it made no sense to still no meaningful internal manage- not to make any adverse statement, appoint a person who had a proven ment information for ETC managers, publicly or otherwise, about the record of workplace sexual misconduct which was a major issue in the university or any of its officers. and dishonesty”. Professor Ingleson previous reports. The 1.5 million UNSW is a financial and legal and Kerry Hudson, on the other hand, students entering the Schools giant with no need of protection from were impressed by Dr Bowen-James Competitions run by ETC have no idea legal action by individuals. The and he was working behind the scenes where the $6 fee per entry has gone, misconduct of UNSW staff, which the until an extended hand-over process, and neither apparently does UNSW deeds seek to cover up, can only be and took up the full-time general management. imagined. These are the same sorts of manager role on 1 July 2002. The In a letter to the UNSW Council contracts used by churches to cover up appointment of Dr Bowen-James was and the NSG Board on 4 September for the sexual predators in the clergy. quickly followed by the appointment 2003, Peter Curtin, the ETC Services The deeds of release are routinely used of his close colleague Alexander Manager, raised a number of serious by UNSW and are a major expendi- Roche to a key information technology issues including financial reporting. ture. The Commonwealth Government management position at ETC. Earlier The ‘strictly confidential’ letter from funds universities, so ultimately it is in 2002 Mr Roche had conducted an Mr Curtin was published by Dr the Minister of Education, Dr Brendan independent review of the ETC IT Bowen-James, with a rebuttal, the Nelson, who is responsible for the section which was very critical, and following week. The document was deeds used at UNSW. The issue of made some recommendations for subsequently emailed around the world misconduct in higher education is reform, including the recruitment of to all interested parties, and I received escalating, and any intervention will two senior IT professionals to lead the a copy. The allegations were nothing need to come from the Common- ETC IT effort. The second high level less than that the managers of ETC wealth. appointment to the ETC IT section was were intentionally misleading the NSG The need for reform of the Chris Mountford, another close Board and UNSW Council. When I handling of misconduct allegations in colleague of Dr Bowen-James. last spoke to Mr Curtin he had universities has been recognised, The new IT effort required an received no reply to his letter but was especially in relation to the Bruce Hall entire additional team later in 2002 and subject to a “frantic campaign of issue at UNSW. Vice-Chancellor Rory PRONTO, the new software solution, retribution”. Mr Curtin was expecting Hume resigned over the issue early in

THE WHISTLE, #38, JULY 2004 PAGE 9 2004 and there are apparently at least On October 1 he was found dead in to the Royal Commission. Jean two more inquiries underway, making his flat, having been dead for several Lennane raised the case with at least six in total so far, if you don’t days. Police are reported initially to Assistant Commissioner Peter count Supreme Court hearings. The have given the cause of death as Walsh, and says he “was obviously issue has been mishandled by any massive bleeding from a ruptured very well aware of the case, but said he measure and all sides acknowledge the stomach ulcer. The autopsy dismissed couldn’t discuss it as there was to be need for a better system. In the Sydney this. In the first week of the inquest, an inquest.” Morning Herald on 19 April, Professor lawyers for the Crown Solicitor’s John Dwyer was quoted as saying Office seemed to favour a self-admin- 4. Arron Light went missing in “The minute these things come to light istered overdose of insulin as the cause September 1997. He was a key witness there should be an independent body despite the lack of supporting in a court case the following week re a set up to look at them in a way that’s evidence. In a detailed critique of the paedophile ring (’Circle of Friends’) fair to all parties.” investigation into Gary’s death and the connected with Dolly Dunn. The case The system of privilege, immunity evidence and conduct of inquest thus collapsed with his disappearance. His and cover-up at UNSW is contrary to far, Dr Jean Lennane concludes: “With skeleton was found wrapped in a tarp the rights of the thousands of other Gary’s inquest half over, many, many in March 2002 by workmen clearing a staff and students, including the largest unanswered questions remain. Most block of land in Sydenham. He’d been population of international students in may never be answered.” stabbed at least six times. His murder Australia. Ending the workplace is still being investigated by the cultures of ‘secrecy, deception and 2. Roy Thurgar Homicide Squad and Newtown police. intimidation’ is necessary for the Thurgar was shot in his car in A detective sergeant we spoke to there continued international success of Randwick in May 1991. His case is seemed genuinely concerned that the Australian higher education. current because Gary Nye, who was prime suspects (whose case could not framed for his murder, sued various be prosecuted without him) were NSW bodies and police for damages apparently getting away with it, and Whistleblowers Australia for wrongful arrest, malicious while Arron’s case doesn’t really fit Media brief - April 15, 2004 prosecution and false imprisonment. In into the “deaths of convenience” there December 2003 Nye was awarded is concern about possible police $750,000 in exemplary damages, of a involvement after the fact if not before Deaths of convenience total of $1.3 million. (e.g. disclosing his whereabouts to the Possible homicides in which police are There was never any question of accused paedophiles). suspected of being involved suicide by Thurgar, but he was due to give evidence to an ICAC inquiry 5. North coast, Port Macquarie NEW SOUTH WALES about drugs in jail (where he was a murders regular resident) and other alleged A State Crime Commission task force 1. Gary Lee-Rogers police/criminal relationships. That part Yandee was set up in 1996 (report in Gary worked for the APS, a branch of of the inquiry collapsed with his death. Daily Telegraph 24.8.96) to investi- the AFP, as a training officer. He was Our informant on this is an ex prison gate eight such murders, but it doesn’t in email and other contact with WBA officer who was to give evidence at the seem to have gone anywhere. Large- for about a year before he died, as a inquiry too, but lost his job and his scale drug-growing and dealing seems whistleblower who was being victim- driving licence within a week of to be behind all the deaths. ised and threatened within the APS, blowing the whistle. He subsequently including being charged with criminal moved interstate. ICAC is currently 5a. Mack Towns offences and receiving threats to his launching another inquiry into drugs Towns, a 73-year-old, lost a lot of life. His problems began after he made and other contraband in a particular money in an alleged scam run by a report, as part of his APS duties, on jail, but concentrating on one very Detective Inspector Bob Williams security failings at Sydney Airport. He low-level operation and individual and a local solicitor. Towns also had was later told by an anonymous rather than the large-scale, high-level information on other drug-related informant that he had “tripped over drug trafficking to and from our jails, matters in the area. He was allegedly evidence of drug importation through that Thurgar was about to expose. threatened by Williams (there are tapes Sydney Airport, involving the old in existence relating to this), who told Commonwealth Police Network.” He 3. Ex-Sergeant Hazell, from him he’d be “the next to be murdered.” told Internal Affairs of the AFP on Caringbah area. He apparently gave Towns was subsequently known to be September 26, 2002, shortly before he evidence to the Wood Royal heading for Sydney, to blow the died, that he’d been badly beaten by a Commission, resigned around then; whistle on Williams. His body, fellow officer (and gave the officer’s and died of a stab wound to the heart severely decomposed, was found name). Earlier he had told WBA that if around October 2002. According to an months later, near Berowra Waters. he was found dead it wouldn’t be article in the Daily Telegraph there The cause of death was not ascer- suicide but murder by this officer or were no fingerprints on the knife, and tained. The coroner said Towns died of other APS colleagues. his wife insisted it wasn’t suicide, that natural causes. His widow Thelma says he was killed because of his evidence the clothes he was found in were such

PAGE 10 THE WHISTLE, #38, JULY 2004 that he would never have voluntarily Rogers, a prisoner in a Sydney jail, The “official” police shootings left the house in them — apparently he wrote to Professor Tony Vinson at the include the following questionable was a very snappy dresser, and very University of NSW in April 1987 cases. particular about his appearance. She informing him about the prevalence of 1. Walsh St killings of two police thinks he was murdered, though not heroin smuggling and use in the constables Steven Tynan and Damien necessarily by Williams. jail. Professor Vinson, in good faith Eyre on October 12, 1988. A very Bob Williams died last year, and passed the information to the NCA murky case, allegedly involving other was given a full police funeral. (National Crime Authority). The NCA police. Never solved. Assistant Commissioner Peter Walsh informed the NSW Department of was a friend of Williams and Area Corrective Services, in an open letter, 2. Graeme Russell Jensen shot dead Commander during the period in that it wanted to interview Rogers in his car on October 11, 1988. There which Williams was linked with about his allegations. Rogers was were allegations that police subse- unexplained deaths in the region. jumped in the prison yard and injected quently planted a gun in his car. Eight with a lethal dose of heroin. He is alive officers were eventually charged with 5b. Victor Noakes today because of the quick action of various offences relating to the death Noakes, a 62-year-old bushman from prison officials. and its investigation; but the prosecu- Wauchope, was another anti-drug tion was seriously flawed, evidence whistleblower allegedly threatened by 7. Mick Drury missing, and they were acquitted. D.I. Bob Williams. Noakes disap- Drury, a NSW Police officer and close peared from his property in 1987. His associate and co-whistleblower of 3. Wade Smith shot dead in his car by body has never been found, and he’s Debbie Locke, whose evidence on police on April 6, 1998. The officers thought to have been dumped at sea, or police corruption and misconduct claimed he had fired at them, but this in the Pappinburra state forest, where helped spark the Wood Commission was not proved. Locals believed the the body would probably have been (see her book Watching the Detec- killing could be a payback for the eaten by wild pigs. His niece has told tives). Drury was shot through the shooting of a police officer in the area one of our contacts in the area she’s kitchen window of his home in 1984. two years earlier. convinced Williams murdered him. He was seriously wounded, but survived. Other Victorian mystery deaths 5c. Russell Lawrence Lawrence, a 35-year-old self-employed VICTORIA 4. Jennifer Tanner, shot twice in the window maker, informed police about head with her husband’s rifle in 1984. drug cultivation in the area, and his Ray Hoser’s books, Victoria Police Police treated the death as suicide information apparently led to “two Corruption (volumes 1 and 2) are the despite the near-impossibility of her large drug crop seizures.” He was shot source for most of the following cases. having inflicted all her wounds herself. dead in May 1988 after being lured to Ray was in court again on April 15, After much family and public pressure, an isolated farm on the pretext of trying to defend charges of contempt her husband’s brother, Denis Tanner, doing restoration work, and was one of of court arising out of their publica- was found by the coroner of the second the cases reopened by task force tion. Hoser did not confine himself to inquest to be the person who had shot Yandee in 1996. There was no allegations of police corruption, also her. However the DPP said in 1999 question of his death being anything citing instances of allegedly corrupt that Tanner would not be charged. The but murder; but it has never been behaviour by various members of the death of transsexual Adele Bailey, also solved. judiciary. This led to his being charged allegedly connected to Tanner, remains with the ancient offence of “scandal- “open” according to her inquest in 5d. Vijay Sen izing the courts,” subsequently 1999. Sen was also an anti-drug informer, changed to the more modern “con- and according to information that tempt of court.” The books, like Avon 5. Melbourne underworld figure Mark Mack Towns gave our informant in Lovell’s Mickleberg Stitch in WA (see Moran, shot dead in an unsolved the area, he had also been threatened below), were also effectively banned in execution-style murder, was said on by Bob Williams. He was stabbed to Victoria, where the Attorney-General the “4 Corners” program of March 8 death in 1995. George Wilson was took the unusual step of writing to this year to have received large quanti- subsequently found not guilty of the booksellers warning them not to sell ties of drugs through the Victoria killing on grounds of mental illness; them. Police drug squad’s unauthorised and does indeed seem to have been The books list 40 fatal police Controlled Chemical Deliveries psychotic at the time. The question shootings in Victoria from 1982 program. The presence of his young remains open, however, on whether to1998, confirming Victoria’s lead children at his killing significantly Wilson’s delusions were fed by anyone over the rest of Australia. They also breached the normal code of under- else, convincing him that Vijay Sen detailed the irregularities within the world shootings. was danger to him and should be Drug Squad that are now suspected to killed. be at least partly behind the “gang 6. Jane Thurgood-Dove, shot dead in war” killings, before this misconduct front of her three children in her 6. Graham Rogers became widely known. driveway on November 6, 1997. A

THE WHISTLE, #38, JULY 2004 PAGE 11 Victoria Police senior constable was importation racket operated by her details of the importation of container the prime suspect, allegedly having “an close friend and former high school loads of cannabis via the port of obsession” with the married victim, maths teacher, Peter Cross, the son of Brisbane by the Romeo family; details and having hired two hitmen to do the a former NSW Supreme Court judge, of the involvement of AFP officers job when she refused to leave her and, according to a written statement flying light aircraft in and out of North husband. Potential witnesses received by Cross, the former Melbourne Lord Queensland trading weapons for death threats. The case remains Mayor, Irvin Rockman. Cassandra cannabis; details of the involvement in unsolved. Ogden’s death (despite the rope around murder of a former SA policeman her neck) was ruled a suicide. Peter turned SA politician; and a warning of 7. Decomposing body of John Cross subsequently refused to give a planned mafia organised bombing in William Kovacs found hanging over a evidence against Irvin Rockman, and SA prior to the bomb blast that killed pump pit in the Melbourne under- the head of the NCA’s investigative NCA police officer Geoff Bowen, the ground on March 17, 1994, his arms group, Chief Superintendent Carl officer responsible for the arrest of tied behind his back with a dog chain. Mengler, wrote a reference in support Bruno “The Fox” Romeo. Tony He was known to have blown the of Cross that resulted in him serving Grosser subsequently received death whistle on a police officer with only five months in jail. threats, and in 1994 there was a police criminal connections, and to have raid and siege of his property in subsequently received death threats SOUTH AUSTRALIA Nuripoota. A member of the SA Star from police. Documents went missing; Force shot him in the back of the head, the coroner made a finding of suicide, 1. David Millard and in turn was seriously wounded. despite the threats, and the extreme Millard, a farmer, was charged by SA Grosser survived and is now serving a physical difficulty of performing such police in 1986 with cultivation of a term of 18 years for the attempted a feat. large cannabis crop, and was subse- murder of the Star Force officer who quently an NCA witness in relation to shot him, notwithstanding forensic 8. In March 1996, Stephen Oh and others involved in the cultivation. He evidence that the officer was shot by a Jeremy Wong were handcuffed and fell in front of a goods train at police colleague - not by Grosser. shot dead in an apartment in Spring St, 11.30pm on September 7, 1987. Melbourne. They had gambling and Following two post mortem examina- 4. Geoffrey Bowen drug trade connections, and had been tions, police attributed the death to Bowen was a South Australian NCA recruited by Victoria/AF Police to suicide. A Victoria police spokesper- officer who was involved in the inform on a Malaysian drug syndicate. son said no further details would be successful prosecution in Western There were suggestions that corrupt released. Australia of a member of the Romeo Victoria drug police had informed the mafia family for drug trafficking in syndicate that the victims were about 2. George Octapodellis April 1993. Tony Grosser (see above) to blow the whistle. Case unsolved. Octapodellis was an NCA witness tried to warn police and the NCA of whose evidence resulted in the convic- talk of plans for a bomb attack on “the 9. Jenny McNabb, her death possibly tion and imprisonment of Operation piggies” by mafia-connected criminals, related to the notorious Maryborough Noah chief, Inspector Barry Moyse, in but nothing was done. Bowen was rapes, in which there were up to 50 1988, the arrest of 11 others and the killed by a letter-bomb in the Adelaide women raped by police (13 of them) investigation of a further 56 including NCA office a year later. There over several years. Jenny was found the SA Attorney-General, Chris followed the rapid (and wrongful) dead in April 1998, having choked on Sumner, and a number of senior arrest of Dominic Perre, who was her own vomit. The coroner decided police. Octapodellis was found dead in later released. The case is still she’d died of natural causes. She had Sydney from a lethal injection of unsolved; the inquest on Bowen heard allegedly initially engaged in consen- heroin. The then Minister for Justice, no evidence on the Romeo connection. sual sex with Maryborough police, and Senator Michael Tate, stated in the featured in photos of sexual activity Senate a few days later that the heroin WESTERN AUSTRALIA with on-duty officers on police over-dose was self administered. The premises. It’s alleged that police gang- Crown’s case against all persons who 1. Andrew Petrelis raped her after she refused further sex had been charged, or were under Petrelis, a young drug trade informant, and that she received death threats investigation, collapsed. applied for and was given police after she complained about the attack. protection and relocation under a new 3. Tony Grosser identity to Queensland in May 1995, to 10. Cassandra Ogden, a Melbourne In 1991, Grosser gave SA police, Qld ensure his safety and ability to testify university graduate, found dead in bed police, the AFP and the NCA details of in a drug prosecution later. His new in a National Crime Authority safe allegations of his uncle, Military Police identity was accessed by police house with a plastic bag over her head, officer Robert Grosser’s involvement officers Murray John Shadgett and a rope around her neck and a note with the Romeo mafia family in the Kevin Davy just before he left for beside her bed. She died just a few importation of drugs on military Queensland, and he died of a heroin hours away from a quasi judicial aircraft through the RAAF base at overdose there on September11, 1995. hearing by the NCA into a drug Amberley in Queensland. He gave He had told his parents before leaving

PAGE 12 THE WHISTLE, #38, JULY 2004 Western Australia that if he were NSW and Victorian regions. Barbaro from Monday 18th October, in found dead, he would not have killed offered to give the NCA details of Queanbeyan. Don’t bet on its finishing himself, but would have been given the several unsolved murders, in exchange then either, but we can hope. choice of a needle or bullet. The death, for money. After a failed attempt on It was a very interesting week, and the matter of unauthorised police his life in April 1989, he refused to though pretty stressful. Sitting all day, officers accessing his new identity, discuss the matter further with police day after day, in a windowless air- have been the subject of a number of except to say that if he talked he could conditioned courtroom, concentrating, investigations, most recently by the “make some policeman very famous taking notes, and juggling vast and WA Police Royal Commission, but the and very dead.” On March 18, 1990, increasing amounts of paper (environ- case remains unresolved. Shadgett, Barbaro was stabbed in the shoulder mentalists really need to look at the who had had a number of problems and then killed with a single shot to the number of trees killed daily to support with unauthorised access to police chest. the legal system) is not much fun. It records, retired on medical grounds in was made worse by brief glimpses of 2000. TASMANIA the perfect autumn weather we were all missing outside. 2. Don Hancock and the Gypsy 1. Joseph Gilewicz Joker leader Gilewicz, shot by police 1991, was the Conduct of the second week Senior WA police officer Don subject of a Commission of Inquiry in There were significant changes in the Hancock featured prominently in the 2000, which left a number of matters way the second week ran, compared Mickleberg case, in which two unresolved, including whether pressure with the first week last November. We brothers were allegedly framed for a over alleged, unrelated offences, had had asked the Coroner, through the bullion theft in 1982. (See Avon been applied to a key police witness to Crown Solicitor’s office, if Whistle- Lovell’s book The Mickleberg Stitch change his evidence. blowers Australia (WBA) could for details. Avon’s allegations were become a party to the proceedings. She subsequently confirmed by the police 2. Ronald Frederick Jarvis had, understandably, been reluctant to officer, Lewandowski, who helped An associate of Gilewicz, Jarvis was allow that at this late stage, but very Hancock do the stitch; but the book also shot, and it was widely rumoured kindly offered me the opportunity to was effectively banned in WA for that the police were involved, includ- question the witnesses anyway, after many years; every police officer ing one of the most senior, high- the four barristers (counsel assisting, contributing financially to the ban by ranking officers in the Tasmania and those representing the NSW money collected from their pay by the Police. The case remains unsolved. Police, the Australian Federal Police, police union.) and Gary’s family) had done their bit. Hancock, a registered gold dealer, 3. Plumstead family This achieved the same result, owned a number of properties, includ- Mrs Plumstead, her de facto partner probably a lot more efficiently. Not ing the pub, in the town where he and two children were killed in a house that I had all that many questions to retired after reaching the rank of fire in Dodges Ferry on December 29, ask, as Mr Saidi, assisting the coroner, Superintendent in charge of the 1996. Her husband was in jail at the seemed to be doing an excellent job of Criminal Investigation Branch. In early time, and he allegedly “had a lot on a covering most angles this time; the 2000 there was an altercation in the lot of people” including police. family’s barrister covered most of the pub with some Gypsy Jokers, who Volunteer fire brigade officers who rest. were evicted by Hancock and a attended, including a police fire We also established at the end that relative. Later that night the Joker investigation officer, thought the fire WBA (specifically me and police leader was shot dead at the Jokers’ had been deliberately lit. The fire whistleblower ex-detective Debbie campsite by an unknown person. investigation officer was transferred Locke) can have access to the exhibits The Jokers appear to have assumed out of that police department when he at Glebe; that we will again be given a the killer was Hancock. A number of insisted the fatal fire should be investi- copy of the transcript; that we will get his properties were serially blown up gated. It never was. access to the records of Gary’s mobile in the next few months, then some time phone, and investigations into whether later Hancock himself was killed by a it has indeed been destroyed or is still car bomb. The Joker eventually being used (promised for the hearing charged with the murder of Hancock Report: the second week week, but delayed for some reason); and his (male) passenger was acquitted of the inquest into the that Bob May’s statutory declaration last year; the original shooting has death of Gary Lee-Rogers on a crucial email from Gary will be never been solved. included; and that I can give evidence on relevant aspects of whistleblowing. Jean Lennane, WBA President QUEENSLAND So far, so good; but read on. April 2004 Pasquale Barbaro — Mafia Il Princi- Witnesses in the second week The inquest resumed on Monday 19th pale, reputed to be one of the six most In my opinion these were considerably April 2004, and closed at lunchtime on powerful men in the mafia in more relevant than in the first week, in Friday 23rd. Again it hasn’t finished, Australia, with control over the ACT, that there were only three ‘character and is set down for a further week

THE WHISTLE, #38, JULY 2004 PAGE 13 assassins’ out of a total of eighteen or which was a Monday, nine days after despair, bingeing on alcohol (he was so; and one, called at our instigation, Gary’s discharge on Saturday 21st, and normally teetotal, but had occasional who gave a very positive and impres- when he had probably been dead at such episodes) in reckless disregard of sive character reference; plus Christina least three days. The coroner asked the danger to his pancreatitis and blood Schwerin, who appeared on Friday, some very pointed questions, about sugar stability. This suggests two and managed to get Gary’s work ‘But what support did he have?’, definite possibilities that could have qualifications and experience properly suggesting that a home visit to check caused his death, possibly assisted by on the record at last. that his surroundings and he himself alcohol: diabetic coma, or hypogly- Most of the other witnesses were were OK, given that he’d been very caemic coma (high or low blood highly relevant to the question of anxious about leaving hospital; that he sugar). Gary’s physical and mental health near had food in the fridge and seemed to Gary was also said to have had the time he died — rather more helpful be eating it, could have been a good very occasional epileptic seizures, I would have thought in elucidating idea; and why the police were sent out from around 1998. This seems never to ‘the cause and manner of death’ than to check on him after a phone-call have been fully investigated (it could two rivals with Gary for a woman’s from a concerned friend on 23rd have been related to his sarcoidosis — affections who gave evidence ‘against’ September rather than the mental see below). He was not at any stage him. One of them gave evidence about health team going. Answer — it’s prescribed anti-convulsants. This alleged events in 1988! This included a policy, OH&S, I wouldn’t like to go on creates another possibility, albeit not lot about how Gary stalked the my own. Coroner — but you’d said he very likely — suffocation during a girlfriend the witness later married, was safe to go home! seizure. saying the affair with Gary was only Despite the lack of care from the Gary also had a relatively on his side. However thanks to mental health team, and Gary’s uncommon condition, sarcoidosis, Christina Schwerin’s liaising with depression and suicide attempts (all of which mainly affected his lungs, but Gary’s mother, the family’s barrister which are more accurately described as also probably caused his pancreatitis. was able to produce a passionate love- suicidal gestures), the consensus of (The autopsy missed it altogether — letter from the woman to Gary, which nearly every witness, including the did the pathologist look?) It is of would seem to disprove that claim at very professional and impressive unknown cause, affects internal organs least. But the relevance of it all escapes psychological profiler, was that suicide with areas of inflammation, and is me, even if it could ever be possible is unlikely to have been the cause of treated with corticosteroids, usually for any lover to give objective death. prednisolone. Gary had been on this evidence about a rival. I agree. for a while a few years earlier, being re-started on it several months before Suicide? Accident or natural causes? his death, in doses of up to 25mg/day. The relevant witnesses between them There are now however a number of This raises a fourth possibility, adrenal painted a distressing picture of a very possibilities for death from natural crisis, which occurs when someone sick man discharged prematurely from causes. Gary’s final admission to whose adrenal glands are no longer hospital and pretty much left to die. Queanbeyan Hospital from 5-21 producing the cortisol we need to keep The mental health team, as is sadly September, although precipitated by a alive, because they’ve been on a high now usual in NSW, seem to have spent suicidal gesture, was complicated by enough dose of artificial steroids for far more time talking about Gary than his recurrent pancreatitis; he had his long enough to suppress their own with him; as is also usual, the only gallbladder removed as part of the production, stops taking them. Gary in helpful person who actually saw him treatment for that on 17 September. his state of poor physical and mental after his discharge on 21 September His treating doctor had erroneously health could indeed have done this, but 2002 was a police officer sent round said in his statement that Gary was no it’s unlikely the amount of prednisone two days later to check on his welfare longer on insulin when he was he’d been on would have produced that by the mental health team. When he discharged, but in fact he was, though effect. got no response at first, he had a look his need for insulin was expected to Unless it turns out to be homicide, to see where he could break in if he decrease as his pancreatitis improved. we are unlikely ever to know for sure couldn’t raise Gary, in stark contrast to He had been on insulin, off and on, whether or not any of the above the mental health worker who finally only since June 2002, i.e. 3-4 months, actually killed Gary — one of the got round to visiting after Gary was and had an admission to hospital in problems exacerbated by his body not dead and, when he couldn’t raise him, July when his requirement abruptly being found for several days after just put his card in the door and went decreased when his pancreatic function death. It does however raise the away. improved, leading to a life-threatening question — what on earth were they In his statement, Mr Pratt had said drop in blood sugar levels. thinking of, to discharge someone so he couldn’t remember the date he had He was still depressed when sick, to live in a flat on his own, with visited, but did so “on the Thursday or discharged, and quite possibly not no help or support for his life-threat- Friday, the exact day is recorded in the eating properly or regularly, or able to ening, mutually exacerbating, physical mental health notes.” monitor what could have been widely and mental problems? (His doctor The mental health notes in fact fluctuating needs for insulin; also could not remember whether pressure record the date as 30th September, possibly, in a state of physical pain and on beds was a factor in the decision to

PAGE 14 THE WHISTLE, #38, JULY 2004 discharge him, but said in Queanbeyan The overall impression of the told us was the appropriate way to go that is very often the case.) investigation thus far, and of the about sorting out witnesses. Turned evidence given to the inquest, is of a out we were not supposed to talk to Homicide? lack of attention to any evidence that anybody in what apparently is an area This is the only way we will ever know could shed light on whether there were in the court set aside exclusively for what happened — if it was homicide, any suspicious circumstances in the police. Why Mr Saidi had suggested and if the perpetrator has a crisis of cause of Gary’s death. we should talk to Moore remains a conscience, or someone in the know We didn’t discover till well into the mystery. Perhaps we misunderstood? blows the whistle. An investigative week’s hearing that the police officer 3. My report on the hearing in solution now seems unlikely, in view in charge of sorting out the witnesses November, as published in The Whistle of “The deficiencies identified in this for the inquest is none other than John and the website. Someone showed that investigation … results of a failure to Moore. He was an inexperienced to the Coroner, who became unhappy follow sound investigative practices, detective constable at the time he was, about aspersions cast on S/S as being a investigation management, inexperi- most unfairly, put in charge of this slur on her own integrity, which was ence on the part of the investigator, politically highly sensitive investiga- far from my intention. My opinion of Crime Manager and lack of communi- tion. He is now a uniformed sergeant. the Coroner and the job she’s doing cation.” (from 8-page statement of DI It seems a most unfortunate conflict of was, and remains, very favourable. She Peter Bailey, Crime Manager for the interests, to have the person responsi- has certainly been extremely helpful to Monaro Local Area Command, ble for what is acknowledged to have WBA. appointed 17 February 2003.) been a deficient investigation involved 4. Looking at exhibits without first I’ve written previously about the in any way in sorting out what is to be going through S/S to get approval from unfortunate mis-filing and destruction put to the Coroner. And before anyone the Coroner. We had understood the of Gary’s mobile phone, potentially claims that I am saying or implying procedure, since the Coroner had given crucial evidence of the threats and that Moore is corrupt, I’m not. What us permission to access the exhibits, other harassment Gary claimed he was I’m suggesting is that being human, was to do so through her assistant, who experiencing, also of course of who and having in his investigation was to be present while we looked at and where they were coming from. eliminated homicide, he might have an them. We were doing this when S/S There seems to be a problem getting unconscious bias against evidence that took exception to it. The Coroner full records from the telephone could prove he was wrong. This would subsequently re-stated our previous company, which could also show a lot, apply to anyone in such a situation. understanding. and evidence likewise that the phone is 5. The Coroner objected to the no longer in use. WBA’s alleged misconduct inclusion of a case she had found to be Debbie Locke and I managed to get Mr Saidi, having, with Mr Shevlin, suicide, in our list of ‘Deaths of a look at some of the exhibits, though found WBA’s website, told me he will Convenience’. The objection is well- with some difficulty. A thorough look be waiting with keen anticipation for founded, and I have removed that case without time and other pressures will this report to appear there; adding that from our list. be most valuable. I’m sure the he doesn’t want to be defamed again. 6. The most heinous instance of Coroner’s court takes better care of its As I pointed out to him, criticism is not alleged misconduct arose from the exhibits than Queanbeyan police defamation, and it would be most mistaken belief that we had taped a station used to do. (Those procedures, unfortunate if those serving our conversation outside the court when as well as investigations, have accord- community through their work in the trying to mend some interpersonal ing to evidence from senior officers courts were to feel they have to be fences. Nothing worth taping, I would now been sorted out.) above being criticised. He and Mr have thought, and it would of course Photos of the death scene do not Shevlin (S/S) certainly didn’t seem to have been completely pointless; but look like suicide — or a natural death. feel any inhibitions in criticising us, the possibility seemed to cause a great There are also a few possible anoma- for a series of alleged instances of deal of angst. lies, such as what appear to be blood- misconduct during the hearing — up to stained fingerprints on the blade of the 2 per day, from Day 2 onwards. These I’m not claiming for a minute that S/S knife found beside the bed, although were: intended it as such, but from the the knife was said to have no prints on 1. Sitting on relevant evidence, receiving end the series of accusations it when examined for them in Sydney then springing it on them. This would felt rather like bullying, which a — an odd finding anyway, as Gary indeed be wrong but, as we were able typically paranoid whistleblower might must have handled the knife if no-one to show, the items in question were all think was aimed at discouraging us else did. There also appear to be included as attachments to Christina from participating. Not being paranoid bloodstained fingerprints on the Schwerin’s statutory declaration, given (yet!) I’m more inclined to think it pillowcase behind his head — to them before the inquest opened in arose from our presence being presumably eventually taken away, November. disturbing, distracting and disruptive to unexamined, to be washed by Gary’s 2. Talking to John Moore, as we the normal routine, despite our best friend who cleaned up the flat some understood Mr Saidi in a longish intentions and efforts to fit in. weeks after his death. lecture the night before about Hopefully we’ll all be more comfort- observing and respecting protocol, had able with it all, come October.

THE WHISTLE, #38, JULY 2004 PAGE 15 Whistleblowers Australia contacts Ray Hoser’s letter to The Bulletin

ACT contact: Peter Bennett, phone 02 6254 1850, fax 02 Nine years I ago I published a book detailing corruption in 6254 3755, [email protected]; Mary Lander, the Victoria Police. I was jailed a year later. phone 0419 658 308; [email protected] Five years ago I published the two books, Victoria Police New South Wales Corruption and Victoria Police Corruption - 2. Totalling “Caring & Sharing” meetings We listen to your story, 1536 pages, these books were best-sellers before the provide feedback and possibly guidance for your next few Bracks government ordered the books seized from shops, steps. Held every Tuesday night 7:30 p.m., Presbyterian threatened to jail booksellers and charged and convicted Church Hall, 7-A Campbell St., Balmain 2041. me of contempt of court. The alleged contempt was to bring General meetings are held in the Church Hall on the first the police and legal system into disrepute. Sunday in the month commencing at 1:30 pm. (Please Congratulations to your magazine for finally discovering confirm before attending.) The July general meeting is the the reality of police corruption in Victoria. AGM. My claims are vindicated at last. Contact: Cynthia Kardell, phone/fax 02 9484 6895; Hopefully your journalists will follow the investigative path messages phone 02 9810 9468; [email protected] I went along five years earlier and find that the corruption Website: http://www.whistleblowers.org.au/ goes beyond the drug dealing cops and on to their political Goulburn region: Rob Cumming, 0428 483 155. masters in the two major political parties, including the party Wollongong: Brian Martin, 02 4221 3763. hacks they appoint to key judicial posts who aid and abet Website: http://www.uow.edu.au/arts/sts/bmartin/dissent/ the corrupt police in return for protection and illegal favours. The rot is systemic and extensive and won’t be solved by Queensland contacts: Feliks Perera, phone/fax 07 5448 a few soothing media releases by Steve Bracks and his 8218; Greg McMahon, 07 3378 7232 (a/h) [also cronies. Whistleblowers Action Group contact] My next book detailing yet more police and political South Australian contacts: Matilda Bawden, 08 8258 corruption in Victoria is due out shortly. 8744 (a/h); John Pezy, 08 8337 8912 That is unless I get shot dead in the meantime.

Victoria Yours Faithfully Meetings 2.00pm the first Sunday of each month, 10 Raymond Hoser Gardenia Street, Frankston North. 488 Park Road Contacts: Christina Schwerin, 03 5144 3007, Park Orchards, Victoria, 3114 [email protected]; Mervin Vogt, 03-9786 Phone: 03 9812 33 22 5308, [email protected]. Mobile 0412 777 211 Whistle Brian Martin, editor, [email protected], 02 4221 3763, 02 4228 7860; Don Eldridge, Isla MacGregor, Kim Sawyer, associate editors. Thanks for Cynthia Kardell and Patricia Young for proofreading this issue.

Whistleblowers Australia membership Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia, renewable each June. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. If you want to subscribe to The Whistle but not join WBA, then the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests.

Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone/Fax 07 5448 8218.

PAGE 16 THE WHISTLE, #38, JULY 2004