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The Guardian - AU
The Guardian - AU
National
Helen Davidson

Northern Territory needs independent body to tackle police misconduct – report

John McRoberts resigned as NT police commissioner in January 2015.
John McRoberts resigned as NT police commissioner in January 2015. Photograph: AAP

An independent anti-corruption body should be established to investigate allegations of police misconduct in the Northern Territory, an ombudsman’s report has recommended after examining the actions of former commissioner John McRoberts.

The report from the Northern Territory ombudsman, Peter Shoyer, was tabled in parliament late on Thursday, and made seven recommendations for police and government in the wake of the McRoberts scandal.

McRoberts resigned in January following allegations he sought to interfere with a criminal investigation into alleged fraud by Darwin travel agent and former head of NT Crimestoppers, Xana Kamitsis, with whom he had a personal relationship.

The pensioner and concession travel scheme at the centre of the allegations is currently under investigation, and public sector travel processes are under review.

Shoyer’s report identified issues with current Northern Territory mechanisms for reporting concerns about police conduct, which currently go through the ombudsman, the commissioner for public interest disclosures, or NT police itself.

“The major lesson to be taken from the circumstances under review is that, while relying on reporting through the chain of command usually works well in relation to the conduct of rank and file officers, considerable strain can be placed on that mechanism when the officers subject to report are senior officers and in this case, the most senior officer,” wrote Shoyer.

An Icac – an independent anti-corruption body – was a potential option for consideration. A body like the New South Wales Icac body could also investigate the conduct of organised crime, members of parliament and ministers, Shoyer wrote.

“There is currently no standing independent review body in the Northern Territory with such power,” said Shoyer.

Only the office of the commissioner for public interest disclosures can investigate members of parliament, and only on a referral “at the discretion of the Speaker”.

Shoyer urged a review of police integrity policies and procedures, a review of how concerns about police are raised by other police, and training for police in handling integrity issues and complaints.

Similar calls for an Icac-style body have been made repeatedly, including by the Labor opposition, and inquiry commissioner John Lawler, in his adverse findings against former Labor leader Delia Lawrie and her involvement in the granting of a 10-year, rent-free lease of a historic Darwin site to Unions NT.

The Country Liberal government has repeatedly rejected the calls.

Shoyer’s report also revealed Kamitsis gave McRoberts “a number of personal gifts.”

McRoberts is currently being investigated by the federal police. Former commander Richard Bryson, who was suspended pending an investigation into his failure to declare his own separate conflict of interest with Kamitsis, was last week demoted to superintendent after being found to have breached the police code of conduct.

Nicole Manison, opposition spokeswoman for government accountability, called on the government to “immediately establish an Icac” and ensure the independence of the parliamentary travel review.
Manison also called for an Icac which could also investigate government conduct.

“One thing that’s become very clear is that territorians have lost faith in the government,” she told media on Friday.
“We have seen some huge questions asked in relation to some of the issues the government has been involved with. Certainly this investigation has been one of them, and the reasons why the ombudsman has had to have a look at the conduct of the police and police commissioner.”

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