Crossing the Line Report of an investigation into the conduct of a member of Victoria Police undertaking secondary employment as a Ministerial Adviser and his relationship with a Deputy Commissioner of Victoria Police. Ordered to be printed Victorian Government Printer October 2011 Session 2010-11 P.P. No. 76 WARNING – Lawfully intercepted information Content in this report derived from telephone conversations is lawfully intercepted information. This information has been used, recorded and communicated to you pursuant to the Telecommunications (Interception and Access) Act 1979 (Cth) (the Act), ȱȱȱĜȱȱȱ ¢ȂȱĴȱǰȱȱȱȱȱ¢ȱȱ ǰȱȱ ¢ȱȱȱǯȱ¢ȱȱȱȱ ȱȱ ¢ȱ intercepted information by recipients, including copying, may be regulated by the Act. 2 ĴȱȱĴ To The Honourable the President of the Legislative Council (Vic) And The Honourable the Speaker of the Legislative Assembly (Vic) This report is presented to Parliament in accordance with section 28(2) of the Police Integrity Act 2008ǯȱ ȱȱȱȱȱȱȱ ȱȱȱ¢ȱŘŖŗŗȱDZȱ Ȋȱ Certain activities of (then) Detective Leading Senior Constable Tristan Weston while ȱ ¢ȱ ¢ȱ ȱ ȱ ȱ Ĝȱ ȱ ȱ Ĝȱ ȱ ȱ Minister for Police and Emergency Services. Ȋȱ Certain communications between Mr Weston in his capacity as a Ministerial ĜȱȱǻǼȱ¢ȱȱȱ ȱ ȱǯ My report outlines evidence gathered in the course of the investigation, draws conclusions from such evidence and makes recommendations. Michael Strong ǰȱ ȱ 3 Contents Letter of transmittal 3 Contents 4 Executive summary 7 Campaign against the former Chief Commissioner 7 Own motion investigation 7 ȱȱȱȱ ş What went wrong? 10 Characterisation of misconduct 10 ȱ ȱǻ Ǽȱ ȱ ŗŗ Communication with Government 12 The Police Association 12 Mr Davies 13 Recommendations 14 Chronology of relevant events 15 Relevant persons 19 Background 20 Background to the investigation 20 Own motion investigation 20 ȱ ŘŖ Complaints investigation 22 Methodology 22 Legal and policy framework 22 Natural justice 22 What the investigation revealed 23 ȱ ȱȱ Řř Application for leave without pay and secondary employment 23 Appointment as a Ministerial Officer 24 Role of Ministerial Police Adviser 25 ȱ ȱȱȱ¢ȱȂȱȱ Řŝ Media management 27 ȱȂȱȱ ȱȱȱ¢ȱȱ ŘŞ 4 ȱȂȱ ȱȱȱȱ ŘŞ ȱ Ȃȱȱ Řş ȱ¢Ȃȱȱ řŖ ȱȂȱȱ řŖ ȱȱ ȱȱȱȱȱ ȱ ȱȱ řŗ ȱ ȱ ȱ řŗ ȱȱȱȱ ȱ ȱȱȱȱ anti-corruption commission 31 ȱ ȱ Ȃȱȱȱȱȱ ȱȱȱȱŗŘȱȱŘŖŗŗȱ řř ȱ Ȃȱȱȱȱ ȱȱ ȱ ȱ řŚ ȱȱ ȱȱȱȱȱ ȱ ȱ řŚ ȱȱȱȱȱ ȱȮȱȱȱ řś Minister Ryan not informed of meetings 35 The relationship between Mr Weston and the Police Association 35 ȱȱ ȱȱȱȱȱȱ ȱ ȱ řŜ ȱ ȱȱ ȱ ȱȱȱȱ ȱ řŝ ȱȱȱ ȱ ȱȱ řş ȱ řş ȱȱȱȱ ȱ ȱȱ ȱȱȱ ŚŖ Letter of withdrawal sent 42 Announcement proposed for Friday 13 May 2011 45 The proposed withdrawal of resignation founders 47 ȱ ȱ Ȃȱȱ ŚŞ ȱȱȱȱ Śş ȱȱȱȱ ȱȱȁȂȱ Śş ȱ Ȃȱȱȱȱ śŗ ȱȂȱȱȱ śŗ Mr Weston’s media campaign 53 3AW 53 Herald Sun reporter Ms Carly Crawford 54 Herald Sun 13 April 2011 54 Herald Sun 5 May 2011 56 Herald Sun ȱȱ ȱȱ śŜ Herald Sun 6 May 2011 57 Herald Sunȱşȱ¢ȱŘŖŗŗȱ śŞ Herald Sun 18 May 2011 60 5 The Age 17 and 18 May 2011 61 The Weekend Australian 21 May 2011 63 Herald Sun 24 May 2011 64 Herald Sun şȱ ȱŘŖŗŗȱ Ŝś ȱȱȱȂȱȱȱȱȱ ŜŜ Background 66 ȱȱȱȁȱȱȱȂȱ Ŝŝ The allegations are communicated to the Herald Sun 68 ȱ¢ȱ Ȃȱȱȱȱȱ Ŝş Mr Hindmarsh misled 71 ȱȱȱȱȱȱȁȂȱȱ¢ȱ ŝŘ ȱȱȱȱ ȱȁȱȂȱ ŝŘ Stories not published 73 Conclusion 74 ȱȂȱ¡ȱȱȱȱȱȱȱȱ critical of Victoria Police 74 Response by Mr Weston to allegations of impropriety 75 Response inconsistent with confession to Mr Hindmarsh 75 Opportunity given to Mr Weston to lodge complaint 76 ȱ¢Ȃȱȱȱȱȱ ŝŜ ȱȂȱȱ ŝŜ Conclusion and recommendations 77 ȱȱȱȱ ŝŝ What went wrong? 77 Recommendations 78 ȱ ¢ȱ ŝş ȱȱ ŝş Appendix One – Legal and policy framework 80 Police Integrity Act 2008 80 Police Regulation 1958 80 ȱȱ ȱ Şŗ Legal definitions 81 ȱȱ Şŗ Misconduct in public office 82 Appendix Two – Mr Weston’s response to the draft report 83 Appendix Three – Sir Ken Jones’ emails 85 6 ¡ȱ¢ Campaign against the former Chief Commissioner ȱŗşȱ ȱŘŖŗŗȱȱȱǰȱȱȱȱȱǰȱȱ ȱ ȱ¢ȱȱȱȱȱĜǯȱ ȱȱȱ¢ȱȱȱ ǰȱȱȱ ȱȱȱȱȱȮȱȱȱȱȱȱȱ ȱȱȮȱȱ¢ȱȱ¢ȱȱȱȱȱȱ and Emergency Services, the Honourable Peter Ryan MP, as Ĵȱȱ. ȱ¢ȱȱȱȱȱDZ I’ve not seen the like of the campaign that’s been run against [Mr Overland], never seen the like of it in my 18 years in politics and in my similar time in private life. ȱȱ ȱ ȱȱȱȱȱ¢ȱ¢ȱ DZȱ I don’t know the answer to that. Own motion investigation ȱ¢ȱŘŖŗŗȱȱȱ ȱȱȱȱȱŚŚȱ ȱ ȱ Police Integrity Act 2008 into the suspected misconduct of (then) Detective Leading Senior Constable Tristan Weston involving in particular (then) Deputy Commissioner Sir ȱǻ Ǽȱ ǯȱ The investigation has established that Detective Leading Senior Constable Weston, ȱȱȱĜȱǻȱǼȱȱȱ¢ȂȱĜǰȱ¢ȱȱ the campaign against Mr Overland, though it is not suggested that Mr Weston began the campaign or was, by any means, its sole proponent. ȱ Ȃȱ Ĵȱ ȱ ȱ ǰȱ ȱ ȱ ȱ ¡ȱ ȱ ȱ ȱ ¡ǰȱ ȱȱ¢ȱǰȱȱ¡DZ …some people did ask me advice as to what my views on Mr Overland was, I wasn’t afraid to tell him that I thought that ultimately he was going to wreak untold damage on both the Government and the police force and that he was an inappropriate Chief Commissioner. For some months, a rift between Chief Commissioner Overland and Deputy ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǯȱ ȱȱ¢ȱ¢ȱȱȱ ȱȱȱȱȱȱȱĴǰȱ Mr Weston had no such compunction and became deeply involved on the side of ¢ȱȱ ǯȱ 7 ȱȱȱ ȱȱȱDZ Ȋȱ ¢ȱȱȱȱȱȱȱĴȱȱȱȱȱȱ in general and the Chief Commissioner in particular and actively encouraged the publication of critical media articles. ȊȱȱȱȮȱȱęȱȱȮȱȱ ȱ ȱ publication of such articles. Ȋȱ ȱȱȂȱȱȱěȱȱȱȱǯ ȱȱȱ ȱȱȱDZ Ȋȱ ȱȱȱ ȱ ȱȱȱ¢ȱȱȱȱǰȱȱ ȱ ǰȱȱȱȱȁȂȱ ¢ǰȱȱȱ ȱȱȱ ȱ ȱȱ ȱ Ȃȱǰȱȱȱȱ ȱȱȱȱȱȱ number of industrial relations issues of concern to Government. Ȋȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ĵȱ ȱ ȱ ȱ ȱȱȱȱȱȱȱĴȱȱȱȂȱȱȱȱ address and to Mr Davies. Ȋȱ ȱ ȱ ȱ Ĵȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ¢ȱȱȱ ȱȱȱȱȱ ȱǯ ȱȱȱȱ ȱȱȱDZ Ȋȱ Encouraged a Herald Sun reporter to write an article (never published) highly ȱȱȂȱ¢ȱȱ ȱȱ ȱȱȱȱȱ ȱȱȱȱȱȱȱȱĜ¢ȱȱȱȱ ȱ ȱ ȱ ȱ Ȃȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ crime statistics. Ȋȱ Having been urged by Mr Davies to pull this story, and at a time when he ǻȱǼȱȱȱ ȱ ȱȱȱ ȱ ǰȱȱȱHerald Sun reporter with ȱĴǰ namely information for an article highly critical ȱȱȱ ȱǯ ȱȱȱ ȱȱĜȱȱȱȱ¢ȱȱȱȱ ȱȱȱ ȱȱǯȱ ȱȱȱ ȱȱȱȱ ¢ȱȱȱȱȱȂȱȱȱěȱȱȱȱȱȱȱǯȱ ȱȂȱȱȱȱęȱȱ¢ȱ ȱ ¢ȱ ȱȱȱȱȱȱȱȱȱȱȱȂȱǯȱ ȱȱǰȱȱȱȱȱ ȱȱȱȱęȱ in it diminished. 8 ȱȱȱȱȱȂȱȱȱěǰȱȱȱ ǰȱ ȱ unaware of much of the activity criticised in this report. He concedes he misled Mr Hindmarsh and appears to concede that he did so frequently. Mr Weston alleges, however, that Mr Hindmarsh was aware of and condoned some of the relevant activity. ȱȱ¢ȱȱ¢ȱȱ ǯȱ ȱȱȱęȱ¢ȱȱȱ corroborates the allegation Mr Weston makes against Mr Hindmarsh. Mr Weston asserts that his responsibilities as a Ministerial Adviser, particularly in regard to the release of information to the media, are perhaps not capable of hard and fast rules.ȱȱȱȂȱǰȱȱȱȱȱȱMinister’s ability to comment publicly is not compromised by what he is told by an adviser – what is explicitly denied can at ȱȱȱȱ¢ȱĴǯ ȱȱǰȱȱ¢ȱȱȱǰȱȱȱȱȱȱȱȱȱȱ relevant conduct was implicitly condoned by Minister Ryan. The Minister, however, emphatically denies that he was aware of, condoned or approved (implicitly or Ǽȱ¢ȱȱȱȱȱȱȱȱȱȱǯȱ ȱȱ ȱęȱ¢ȱȱȱȱȱȂȱǯ ȱȱȱ¢ȱȱȱȱȱȱȱȱȱȱ¢ȱȱ ȱ ǰȱȱȱ ȱ ȱȱ¢ȱȱȱǯ ȱĚȱȱ The historical background to the creation of the role of Police Adviser is set out in the ¢ȱȱȱǯȱ ȱǰȱȱȱȱ ȱȱ ȱȱȱȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ ȱ ȱȂȱĜǰȱ ȱȱȱȂȱȱ¢ǰȱȱȱ¢ȱȱǰȱ ȱ to protect the Minister and the Government, not to serve the Chief Commissioner ȱȱǯȱ ȱ¢ȱǰȱȱȱȱȱȱȱȱȱȱ the duties of such a role with the duty of that member to Victoria Police. There is a ȱĚȱȱǰȱ ȱ ȱȱȱȱȱȱȱȱȱ ȱȱȱȱȱ ȱȱȱ ȱŘŖŗŗǯȱ ȱȱȱ¢ȱȱȱȱĴȱȱȱȱȱȱĚǯȱȱ a serving Victoria Police member, he sought and was granted permission to undertake ¢ȱȱȱȱĜǯȱȱȱȱȱȱǯȱȱ unfortunate precedent had been set under previous Governments. ȱȱ ǰȱȱ¢Ȃȱȱȱěǰȱȱȱ ȱȱȱ ȱȱ again employ a serving police member as an Adviser to the Minister. ş What went wrong? ȱȱȱȱȱĚȱȱȱ ȱȱȂȱȱ created, there were factors personal to him that made him a poor choice. As this report ǰȱȱȱȱȱȱȱȮȱȱ ȱ¢ȱ ǰȱȱ ȱȱȱ ȱǯȱȱȱȱȱȱȱȱȱȱȱȱ¡ȱȱ ¡ȱȱȱȱȱȱ ȱ¡ǰȱȱȱȱȱȱȱȱ ȱ¡ȱȱ¢ǯȱȱȱ ȱȱ¢ȱȱȱȱȱ limits of his role or he failed to understand or ignored the instructions he was given. ȱȱ ȱ¡ǰȱȱȱȱȱȱȱȱ¢ȱȱȱȱ¢ȱ as a police member not to disclose or which breached his duty to his Minister. However, ȱȱȱȱǰȱ ȱȱ ȱ¡ȱȱȱȱȱȱ Ȃȱȱȱěǰȱȱ ǰȱȱȱȱȱȱȱȱǰȱ¢ȱȱ ȱȱȱ¢ȱȱȱ ǰȱȱȱ ȱȁȱ ȱȂȱ for a number of media articles critical of Victoria Police and the Chief Commissioner. ȱȂȱǰȱ ȱȱȱȱĴȱȱȱ¢ȱȱ Lay, resulted in the immediate withdrawal of permission to engage in secondary employment. Mr Weston resigned from Victoria Police shortly thereafter. ȱȱȱȱ¢ȱȱ ȱ Ȃȱȱȱȱȱȱȱȱǰȱȱȱ asserted that Mr Weston had long been lost to policing and had, for a considerable time, been operating wholly in the political world. The response refers, in this connection, to Mr Ȃȱȱ¢ȱȱȱȱȱȱȱȱȱȱǯȱ ȱȱ not take these comments to be a criticism of the way in which Mr Weston discharged his duties as a police member prior to commencing leave without pay. The comments do, however, reinforce my strong view that in the performance of his role as Police Adviser, Mr Weston pursued his own political agenda with great vigour, whether or not it was ȱ ȱȱȱȱȱǯȱ ȱȱȱȱ¢ȱĜǰȱ ȱȱȱȱȱȱȱ ȱȱĚȱȱ ȱȱȱȱ could have dreamt of and he simply did not know where to draw the line, or much care.