The NSW Police Integrity Commission has been handed a harsh reprimand by a Queensland Court for substantially overreaching its statutory powers. Five criminal prosecutions that the PIC commenced in Queensland in the name of a purportedly “private complainant” have been thrown out of court after being declared to be an abuse of process.
Four years ago the PIC undertook a joint operation with the Queensland Crime and Misconduct Commission that identified recreational drug use by current and former NSW police who were on a holiday to the Gold Coast. The PIC then provided briefs of evidence to the Queensland DPP and the Crime and Misconduct Commission seeking they prosecute the offences in their state. Both agencies refused to prosecute the offences because they believed there was insufficient evidence to obtain a conviction.
Not satisfied with that answer the PIC then decided to commence supposedly “private” criminal prosecutions against those involved. This is despite the fact that the PIC has no statutory power to prosecute, no jurisdiction in Queensland and that the supposedly “private” prosecutions were in fact funded and supported by the PIC.
In situations like this the PIC focus is meant to be on briefing the relevant prosecutorial agencies, but here, not satisfied with the answer from that Queensland DPP it has simply forged ahead regardless. Once these facts were exposed in Court the PIC’s “private” prosecutions were dismissed as an abuse of process, with costs.
Download the full decision here: Murphy v Alt & Ors
You can read extracts from the correspondence between the NSW Police Integrity Commission (PIC) and its Queensland equivalent, the Crime and Misconduct Commission (CMC) below. These documents also contain reference to the opinion of the Queensland Deputy Director of Public Prosecutions (DPP) Mr Byrne.
A letter from the Crime and Misconduct Commission’s Acting Chairperson Warren Strange to Bruce James the Chairman of the PIC dated 21 May 2013
A letter dated 17 October 2012 from Bruce James as Commissioner of the PIC to Ross Martin Chairperson of the Crime and Misconduct Commission
Correspondence dated 2 September 2013 from Dr Ken Levy as Acting Chairperson of the Crime and Misconduct Commission to Bruce James as Chairman of the PIC
A letter from Bruce James of the PIC to Dr Ken Levy as Acting Chairperson of the Crime and Misconduct Commission dated 17 September 2013
Greens MP and Justice Spokesperson David Shoebridge said:
“This agency is acting well outside its statutory limits, ignoring the fact that Parliament has not given it prosecutorial powers and the even more obvious fact that it is limited to operating in NSW.
“The PIC risks its reputation when it indulges in what looks like subterfuge to run a pretend private prosecution in a State where it has no jurisdiction to operate.
“This is meant to be an integrity commission dedicated to investigating serious police corruption matters, but instead it is itself operating beyond the limits imposed on it by law.
“On at least two occasions the Inspector of the PIC was informed of this scheme but appears to have taken no steps to address it, that is a serious cause for concern.
“The PIC does important work holding police to account, but unless it acts with utmost probity, fairness and integrity it will lose its credibility with not only police but also the broader public.
“If NSW police are suspected of acting illegally in another state then it is entirely proper for PIC to investigate that and, if evidence is found, make recommendations for disciplinary and even criminal action.
“However this has gone well beyond that with the PIC effectively taking the law into its own hands.
“The fact that the PIC Inspector has been advised of this case and nothing has been done shows a very troubling lack of oversight.
“The Premier must urgently convene a public hearing of the Parliamentary committee that is meant to oversee the PIC to get to the bottom of this sorry mess,” Mr Shoebridge said.
See further reporting in the SMH here: http://www.smh.com.au/nsw/police-integrity-commission-blasted-by-court-for-straying-outside-powers-20141208-122h8d.htm