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ABC News
ABC News
National
Mary Gearin and Elise Kinsella

IBAC hears misconduct-accused police officer did not know of friend Mick Gatto's criminal history

The IBAC hearing will examine whether Detective Sergeant Wayne Dean breached Victoria Police policies by accepting cash gifts. (ABC News)

A Melbourne police officer accused of serious misconduct has told the state's corruption watchdog that he did not know of Mick Gatto's criminal history during years of friendship.

The Independent Broad-based Anti-corruption Commission (IBAC) is investigating Detective Sergeant Wayne Dean over a range of misconduct allegations.

The commission is also examining the appropriateness of some of Sergeant Dean's relationships.

Sergeant Dean has told the commission his friendship with Mr Gatto was "never secret" and he considered it was part of his policing role.

He said he met Mr Gatto in a Carlton restaurant in the 90s, with their friendship only consisting of short conversations.

He told IBAC he would say hello to Mr Gatto and move on, not wanting to be in the company of some people around him, because he suspected they may have been "colourful characters".

"Mr Gatto and I agreed early in the piece I would never ask anything of him, and he would never ask anything of me … we have continued that to this day," he told the commission.

He was asked whether he was "in the habit" of coming to such agreements. He denied that was the case, but said he did so with Mr Gatto because "I knew who he was and I thought it needed to be said".

"Mr Gatto would probably be the most colourful character I have met in my 30 years in the police force, so he would be the limit or maximum of my relationship with any person of colourful character that I've known in 30 years. So I use him as my yardstick," Sergeant Dean said.

Sergeant says he never 'checked' Gatto's record

He stood by evidence that he did not know until 2016 that Mr Gatto had what IBAC lawyer Catherine Boston described as a "four-page criminal history", listing firearms, weapons, gaming, dishonesty and assault offences including assaulting police.

"I've never checked him," Sergeant Dean said.

Ms Boston put to Sergeant Dean that it was "completely implausible that you were unaware that this man had a criminal history".

Sergeant Dean replied: "Look, I did not know he had a criminal history. I was aware through the media of his, ah, colourful past, but I didn't know…"

Ms Boston continued: "At the very least you were wilfully blind as to whether he had a criminal history, is that fair?

Sergeant Dean replied: "If that's what you want to say. I don't believe so, no."

Sergeant Dean told the hearing he had been interviewed a few times about his association with Mr Gatto over the years.

The hearings have been told IBAC is examining Sergeant Dean's links to Melbourne identity Mick Gatto. (ABC News)

The Detective Sergeant told IBAC he conceded in retrospect he should have listed Mr Gatto as a "declarable association" — a declaration of certain associations intended to prevent a conflict with their duty as a police officer.

However, he insisted "as far as I'm concerned, there was no formal training or instruction about how I was to deal with people with that colourful character".

The commission heard Sergeant Dean gave evidence at Mr Gatto's trial over the alleged murder of Andrew "Benji" Veniamin. Mr Gatto was ultimately acquitted of that charge.

Ms Boston asked Sergeant Dean if he understood that his evidence in that trial, including that he believed Mr Gatto didn't have a gun at the scene, was perceived as favourable to his defence.

Sergeant Dean acknowledged he was formerly cautioned by Victoria Police after a brief conversation with Mr Gatto during that trial without judge or jury present, because of how that could have been perceived by the media.

"That conversations I had was a matter of, 'gee Mick you've lost some weight', 'gee Wayne you've put weight on'," he said.

Officer accepted free tickets to boxing events

In his evidence Sergeant Dean told the Commission he accepted tickets to two boxing events in Melbourne from Mr Gatto.

He said at one of the fights, between Anthony Mundine and Charles Hatley at the Melbourne Convention Centre, he was provided with four tickets.

In a text message read out at the hearing, Mr Gatto had told Sergeant Dean that those tickets were "on me".

Sergeant Dean said he gave one of the tickets to another police officer, but he did not tell his colleague they had been provided by Mr Gatto.

"I didn't ask any money of him or anything like that, I just said 'I have some tickets to the boxing, do you want to come?'" Sergeant Dean said.

Under questioning, Sergeant Dean said in hindsight he should have declared the gift of the tickets to his superiors at work and told his colleague how he got the tickets.

The anti-corruption watchdog is holding public hearings into the allegations against Detective Sergeant Wayne Dean. (ABC News)

At a later boxing event in Kensington, the Commission heard that Mr Gatto provided Sergeant Dean with a table at the fight, which included 10 tickets and hospitality.

Sergeant Dean said he only realised the tickets were worth $440 each after he was sent physical copies of the tickets.

The Commission heard the total value of the gift was $4,400.

While being questioned about those tickets, Ms Boston played a recording of Sergeant Dean talking to a colleague who attended the Kensington fight.

The call was recorded before the match, where Sergeant Dean told his colleague about the tickets.

"Now the reason for the call, 10th of December, Melbourne Pavilion, table of 10, all expenses," Sergeant Dean said, while his colleague could be heard laughing.

During the conversation the men discussed news that Mr Gatto's son was about to move to a house next door to a brother-in-law of Sergeant Dean.

Laughing, the colleague said: "Do they know you are about to retire? Like you're no use to them anymore."

Sergeant Dean described the comment as a "joking, stupid comment that he made".

Sergeant Dean had told the hearing he had invited two other police officers to the Kensington fight but they did not know the tickets had come from Mr Gatto.

After the call was played to the hearing, Sergeant Dean agreed with Ms Boston that the officer he spoke to must have known where the tickets came from.

Gatto sent officer a Christmas card each year

In another part of the hearing, Sergeant Dean was asked how Mr Gatto came to know the police officer's home address.

"I must have given it to him years ago because I got Christmas cards every year from him, posted Christmas cards," Sergeant Dean said.

He said there were times Mr Gatto had not sent a card but generally that he did.

"I don't even know if he gave me a card last year, to be honest with you," he said.

The IBAC hearing continues tomorrow.

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