The former boss of Victoria police’s ethical standards unit used three pseudonyms to post racist, sexist and homophobic comments while trolling people online, an investigation has found.
In a report tabled to the Victorian parliament on Tuesday, the Independent Broad-based Anti-corruption Commission found former assistant commissioner Brett Guerin used the names Vernon Demerest, Clive Howlett-Jones and Grange Callendar to make hundreds of posts while he was on and off duty from 2016 to 2018.
At least 70 of the posts “could be deemed offensive”, the report found.
Guerin resigned in February 2018 while under investigation by Ibac.
However, Ibac found Guerin’s trolling did not impact on his work, despite the senior officer using information he received as part of his job to inform some of his comments, and posting about matters in which he had a declared conflict of interest or was expected to make a disciplinary ruling. Ibac did not find any evidence that his decision making as assistant commissioner was compromised by any underlying beliefs or view, the report said.
As part of the investigation, Ibac reviewed 189 complaint files in which Guerin had an active role in the decision-making process which was otherwise “at risk of bias”, audited emails and browser histories for Guerin’s work and personal devices, reviewed Guerin’s personnel file and complaint history, and summonsed Guerin to a private examination, as well as conducting a criminal interview with him.
Ibac found that while Guerin’s conduct was offensive and inappropriate, it did not meet the standard required to file criminal charges.
The report outlined several examples of Guerin’s trolling, including posting inflammatory comments on a Facebook page set up by family members of a person under investigation by Victoria police.
When someone posted in a separate Facebook group, called “Victoria Police Corruption”, that an officer involved in an incident would not lose their job, Guerin responded under a pseudonym: “I wouldn’t bet on that cocko”.
Guerin later signed a disciplinary charge notice against the officer, who was ultimately dismissed, the report found.
“Ibac’s review of complaint files did not identify evidence that Assistant Commissioner Guerin’s decisions (including those made in his previous position as a superintendent) were affected by bias.
“However, his behaviour risked damaging the integrity of and confidence in Victoria Police investigations.”
‘My ill-judged way of venting’
Guerin explained his behaviour to Ibac as “my ill-judged way of venting, trying to relieve stress”. He said he accepted Ibac’s findings and acknowledged the “inappropriateness of the material I posted and its potential to undermine confidence in not only me personally but Victoria Police generally”.
“Mine is a salutary lesson for others that there is, ultimately, no anonymity on the internet and nothing posted should be considered temporary.
“Venting on social media is an unhelpful and, ultimately, destructive way to deal with the stresses one faces.”
Ibac made several recommendations to Victoria police, including that it consider introducing psychometric testing as part of its process before appointing senior leaders, ensuring its recruitment and promotion processes reflect “contemporary best practice”, and overhaul its social media policy.
The anti-corruption watchdog noted that although Guerin’s conduct was uncovered in 2018, and it had recommended an update of the social media policy in August 2019, the force did not finalise it until this June. The policy has since been criticised as too intrusive by the police union and is again being reviewed, the union reported to members earlier this month.
Victoria police should also ensure that information about civil litigation is included on the personnel file of members, Ibac said, after finding that Guerin had previously been sued when he was a superintendent for allegedly making racist comments to a colleague.
Ibac found police reached a confidential financial settlement with Guerin’s colleague, and while Guerin did not dispute that he had used the language alleged, he claimed it was not a racist remark in the context of the conversation.
Ibac found the conduct had been considered in two earlier unsuccessful applications by Guerin to be promoted to assistant commissioner, but the knowledge of this was “derived from a panel member’s prior awareness of the matter on both occasions, rather than through formal recruitment and probity processes”.
