The Northern Territory corruption watchdog has recommended interstate police officers investigate as a criminal matter the allegations that former police commissioner John McRoberts sought to interfere with an ongoing criminal investigation, it was announced on Sunday.
In response the chief minister, Adam Giles, has called off a proposed separate judicial inquiry into the matter on advice from the solicitor general that it could jeapordise potential prosecutions.
McRoberts resigned in January, after it was alleged he had involved himself in an ongoing criminal case – believed to be that of Darwin travel agent and head of NT crimestoppers Alexandra Kamitsis.
Commander Richard Bryson, who had recently been appointed the head of of police professional standards command, was shortly after also suspended in relation to the matter.
On Sunday the government announced the NT Public Interest Disclosure Commission, tasked with investigating claims of corruption and improper conduct in public bodies, had finished its investigation into McRoberts and Bryson.
The commission’s report, which was given to the government on Thursday, will not be made public, as delegate of the commissioner John Taylor thought it may prejudice future proceedings.
Taylor made three recommendations, including that McRoberts’s conduct be investigated for “the criminal offence of attempting to pervert the courts of justice.”
This criminal investigation should be carried out by “experienced investigators from interstate,” a statement from Giles and the police minister, Peter Chandler, relayed.
Giles told reporters on Sunday afternoon the government would now “seek to identify which Australian police force has the capacity to be able to assist us.”
“That could be AFP, could be Australian crime commission, could be any other Australian police force around the country, but we will get external police to come in and assist with that investigation.”
The commission’s investigation did not find Bryson’s conduct to be improper within the means of the act, but it recommended Bryson face disciplinary action nonetheless.
The third major recommendation from the commission is that the executive positions within the NT Police force be filled “promptly.”
“A number of administrative issues” were also referred to the NT Ombudsman “for appropriate action.”
The government has accepted all three recommendations, and in light of the report and separate legal advice received on Friday “the government has accepted the advice that given the other investigations and proceedings in train it would not be appropriate to convene a judicial inquiry into these matters,” said the statement from Chandler and Giles.
The government had tasked the solicitor general with drafting terms of reference for a judicial inquiry into the matters and allegations surrounding McRobert’s resignation.
A letter from the NT solicitor general, Michael Grant QC, to the department of chief minister said he had “grave concerns” about the nature of a judicial inquiry.
“There are currently criminal proceedings on foot concerning the operation of the [NT pensioner concession and carer] scheme, the police investigation is ongoing, and there is the potential for further charges to be brought in in relation to the operation of the scheme,” wrote Grant.
“There is a very real danger that the conduct of a parallel inquiry in the terms advised would compromise both current and future prosecution action.”
Giles and Chandler said the government also considered the commission’s inquiry was “sufficiently robust to not require a judicial inquiry.”
Last month Giles apologised to the NT police force for remarks he made in the fallout of an attempted challenge to his leadership, which alleged unnamed senior police officers and “alleged politicians” had plotted “in cahoots” to remove him and McRoberts from their respective commissions, but the NT Police Association labelled the apology “half-hearted”.
Vince Kelly, president of the NT police association (NTPA) welcomed the “outbreak of common sense” in calling off the judicial inquiry, but expressed continued disappointment that Giles had not retracted his allegations of a plot against him.
“I acknowledge has had it indicated again today that he over reached in his statements that he made some weeks ago however the fact of the matter is he still insinuated that a senior Northern Territory police officer acted inappropriately at the very least, and in reality he alleged a serious breach of the police code of conduct,” Kelly told ABC local radio on Monday.
“If he has evidence of that he should still provide evidence of that to the ombudsman or simply retract those comments in their entirety.”
Kelly said that “while it may be wise” to have interstate officers investigate the allegations against McRoberts, his view is “the NT police force is more than capable of conducting that investigation.”
“What we’re interested in is that investigation being completed for the sake of both Mr McRoberts and the NT police force generally,” he said.
In further indication of the ongoing tension between the NTPA and the chief minister, Kelly praised the work of police minister Peter Chandler and urged Giles to keep him in the position until stability was restored to the force.
On Sunday Giles raised the comments again, and said he had “overreached” in airing his concerns. He said he thought a judicial inquiry “was the way to go” but legal advice had since changed that.
In the most recent cabinet reshuffle, Giles said the police and emergency services portfolio would remain with Chandler – who had only been appointed as the minister a few weeks before the McRoberts allegations surfaced – until all investigations were completed. A spokesman confirmed to Guardian Australia on Sunday this included the recommended investigation by interstate officers.
Independent MP Gerry Wood said he remained a supporter of a judicial inquiry but understood the solicitor general’s advice meant it couldn’t happen for now. He told ABC he was “leaning towards” a judicial inquiry being resurrected later.
Lynne Walker, opposition spokesperson for police, fire and emergency services, said Giles still had questions to answer to reassure Territorians that he wasn’t playing politics in making the “conspiracy” allegations.
Walker repeated Labor queries on why Giles “offloaded” the police portfolio to Chandler before Christmas.
“He’s made it clear that he wants the portfolio back, so why did he offload it then? He still hasn’t come clean about what he knew and when.”
