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Report Board of Inquiry Allegations Against Members of the Victoria Police Force Volume 1

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Report Board of Inquiry Allegations Against Members of the Victoria Police Force Volume 1 1978 VICTORIA REPORT OF THE BOARD OF INQUIRY INTO ALLEGATIONS AGAINST MEMBERS OF THE VICTORIA POLICE FORCE VOLUME 1 PRESENTED TO BOTH HOUSES OF PARLIAMENT BY HIS EXCELLENCY'S COMMAND. -····- Ordered by the legislative Assembly to be printed, 10th May, 1978. B_y At~dwrily: F. D. ATKINSON, GOVERNMENT PRINTER, MELBOURNE. No. 32-5821!78-PRICE $2 60 To His Excellency the Honorable Sir Henry Winneke, K.C.M.G., O.B.E., K. St. J., Q.C., Governor of the State of Victoria. MAY IT PLEASE YOUR EXCELLENCY: I, BARRY WATSON BEACH, one of Her Majesty's Counsel, having been constituted and appointed by Order in Council made on the 18th March, 1975, and published in the Victoria Government Gazette on the 19th March, 1975, to be a Board for the purpose of inquiring into and reporting upon allegations against members of the Victoria Police Force in accordance with the terms of reference recited in the said Order, which terms of reference were amended by further Orders in Council made on the 16th May, 1975, and the 25th May, 1976, and published in the Victoria Government Gazette on the 16th May, 1975, and the 26th May, 1976, respectively, HAVE THE HONOUR TO REPORT that, pursuant to and in accordance with the said Orders in Council, I have inquired into and I herein report upon the matters to which I have been directed. BARRY BEACH Owen Dixon Chambers, 1st October, 1976. TABLE OF CONTENTS PAGE CHAPTER 1 Appointment of the Board .. 7 CHAPTER 2 Introduction 10 CHAPTER 3 Interpretation of Terms of Reference 17 CHAPTER 4 Complaints Dealt with by the Board 21 CHAPTER 5 Proceedings Before the Board 25 CHAPTER 6 Summary of Complaints Investigated by the Board 31 CHAPTER 7 Police Officers against whom specific Findings made 50 CHAPTER 8 Recommendations of the Board based upon its Findings 59 (A) The power of the Police to require a person to furnish them with his name and address 61 (B) The power of the Police to direct a person to leave a particular place and proceed to another place, that other place not being a Police Station 63 (C) The power of the Police to require a person to accompany them to a Police Station, that person not being a suspect in relation to a particular offence and not being under arrest 63 (D) The power of the Police to require a person to accompany them to a Police Station, that person being a suspect in relation to a particular offence but not under arrest. 66 (E) The power (if any) of the Police to make "an exploratory" arrest or an arrest " on spec " . 68 (F) The duty of a Police Officer at the time of an arrest. 69 (G) The duty of the Police towards persons who are in custody or under restraint of one kind or another prior to interrogation 71 (H) The interrogation of persons under arrest or other restraint. 78 (I) The conduct of Identification Parades . 93 (J) Powers of the Police to photograph and fingerprint persons under arrest or under restraint 98 (K) Police practice in relation to the Interview Register 100 (L) The investigation of complaints against Police 104 (M) Powers of the Police concerning search and seizure 111 (N) Standing Orders 113 (0) Procedure in relation to persons of otherwise good character charged with street offences 114 (P) A Firearms Register . 114 (Q) The duty of the Police to hand to the Crown copies of all statements obtained by them from witnesses to a particular offence. 115 Appendix A. Submissions on behalf of Victorian Council for Civil Liberties 117 Appendix B. Submission by twenty Members of the Legal Profession . 123 CHAPTER 9 General Observations and Recommendations concerning a Board of Inquiry appointed in accordance with the provisions of the Evidence Act 1958. 124 CHAPTER 10 Acknowledgements .. 129 GENERAL APPENDICES TO REPORT : Appendix A. Alphabetical list of Witnesses .. 131 Appendix B. List of Exhibits 134 Appendix C. Judgment of the Honourable Mr. Justice Dunn 148 Appendix D. In Camera Evidence .. 150 Appendix E. Appearances .. 151 Appendix F. Wtitten Submissions .. 151 7 CHAPTER 1 APPOINTMENT OF THE BOARD Following allegations made by Dr. Bertram Barney Wainer that certain members of the Victoria Police Force had b-een guilty of corruption and other malpractices, and following a preliminary investigation into such allegations by Mr. C. Villeneuve-Smith of Counsel (now Mr. C. Villeneuve-Smith Q. C.), by Order in Council made on the 18th day of March 1975 and published in the Victoria Government Gazette No. 20, dated the 19th day of March 1975 this Board of Inquiry was appointed. The Order in Council appointing the Board was expressed in the following terms: BOARD OF INQUIRY INTO ALLEGATIONS AGAINST MEMBERS OF THE VICTORIA POLICE FORCE. At the Executive Council Chamber, Melbourne, the eighteenth day of March, 1975. PRESENT: His Excellency the Governor of Victoria. Mr. Meagher Mr. Rossiter Mr. Smith Mr. Dixon. WHEREAS it is deemed expedient that a Board of Inquiry be appointed for the purpose of inquiring into and reporting upon matters contained in the undermentioned' terms of reference concerning members of the Victoria Police Force: NOW THEREFORE, His Excellency the Governor of the State of Victoria, by and with the advice of the Executive Council thereof, doth by this Order constitute and appoint BARRY WATSON BEACH, Esquire, one of Her Majesty's Counsel, to be a Board for the purpose of inquiring and reporting: Whether there is any credible evidence raising a strong and probable presumption that any and, is so, which members of the Victoria Police Force have been guilty of:- (a) criminal conspiracy, perjury, subornation of perjury, extortion, fabrication of false evidence, compounding a felony, aiding and abetting the commission of any offence or demanding or soliciting or accept:ing any money or any other reward directly or indirectly from any person or persons in breach of any regulation under the Police Regulation Act 1958 or in circumstances involving the commission of any criminal offence; (b) harassment or intimidation of any member of the public; (c) failing to observe or comply with any of the provisions of the Chief Commissioner's Standing Orders relating to- (i) the investigation of complaints and grievances of members of the public; (ii) the conduct of identification parades; (iii) the investigation and obtaining of evidence from suspected persons. AND it is hereby directed that the said BARRY WATSON BEACH shall, with as little delay as possible, report under his hand his opinion resulting from this inquiry: WHEREOF the said BARRY WATSON BEACH and all other persons whom it may concern are to take notice and govern themselves accordingly. And the Honorable John Frederick Rossiter, Her Majesty's Chief Secretary for the State of Victoria, shall give the necessary directions herein accordingly. TOM FORRISTAL, Clerk of the Executive Council. 8 Mr. C. Villeneuve-Smith of Counsel and Mr. John Coldrey of Counsel were appointed to assist the Board and Mr. John Day was appointed Secretary to it. Appointment of the Board On the 16th day of May 1975 and following an incident which occurred in the precincts of the Board involving a witness before the Board, one Peter Robert Gibb, (see Chapter 19 of the Report) it was deemed expedient to extend the Board's Terms of Reference. The Order in Council extending such terms was expressed as follows: BOARD OF INQUIRY INTO ALLEGATIONS AGAINST MEMBERS OF THE VICTORIA POLICE FORCE. At the Executive Council Chamber, Melbourne, the sixteenth day of May, 1975. PRESENT: His Excellency the Governor of Victoria. Mr. Rossiter 1 Mr. Houghton. WHEREAS by Order made on the Eighteenth day of March, 1975, and published in the Government Gazette on the Nineteenth day of March, 1975, Barry Watson Beach, Esquire, one of Her Majesty's Counsel, was appointed to be a Board for the purpose of inquiring into and reporting up\">n matters contained in the terms of reference recited in the said Order: AND WHEREAS it is now deemed expedient that the said terms of reference be extended: NOW THEREFORE, His Excellency the Governor of the State of Victoria, by and with the advice of the Executive Council thereof, doth by this Order extend the said terms of reference: ( 1) By inserting the figure 1. before the word " Whether ". (2) By adding after sub-paragraph (c) (iii) of the said terms of reference the following paragraph: 2. Whether there is any credible evidence raising a strong and probable presumption that any and, if so, which person or persons whether or not members of the Victoria Police Force have at any time before or during the inquiry by the Board been guilty of harassing or intimidating or attempting to harass or intimidate any witness who has given evidence before the Board or any person summoned, directed or intending to appear to give evidence before the Board. And the Honorable John Frederick Rossiter, Her Majesty's Chief Secretary for the State of Victoria, shall give the necessary directions herein accordingly. TOM FORRISTAL, Clerk of the Executive Council. On the 25th of May 1976 it was again deemed expedient to extend the Board's Terms of Reference. BOARD OF INQUIRY INTO ALLEGATIONS AGAINST MEMBERS OF THE VICTORIA POLICE FORCE. At the Executive Council Chamber, Melbourne, the twenty-fifth day of May, 1976. PRESENT: His Excellency the Governor of Victoria. Mr. Scanlan I Mr. Granter Mr. Jona Mr. Haddon Storey. WHEREAS by Order made on the Eighteenth day of March, 1975, and published in the Government Gazette on the Nineteenth day of March, 1975, Barry Watson Beach, Esquire, one of Her Majesty's Counsel, was appointed to be a Board for the purpose
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