Inquiry recommends compensation for subjects of failed ICAC inquiries and prosecutions

Compensation – potentially hitting hundreds of thousands of dollars – could be paid to police, public servants and others who were the focus of failed ICAC investigations.

Police officers and public servants who were subject to high-profile but failed ICAC investigations, or were cleared of any wrongdoing, are among those who should be compensated by the state government, an inquiry has found.

The parliamentary inquiry into harm caused by ICAC wants compensation, reimbursement of legal costs and other expenses paid to police officers prosecuted as part of Operation Bandicoot, former Renewal SA executive Georgina Vasilevski, and the family of former SA Police chief superintendent Doug Barr.

Debbie Barr's husband Doug Barr was a chief inspector with SA Police. He became embroiled in an ICAC investigation. Picture: Naomi Jellicoe

“The committee is also of the view that compensation may be considered by the Independent Inspector for other individuals and their families who suffered adverse outcomes from failed ICAC investigations and prosecutions since its inception in 2012,” it wrote in its final report.

In the report, tabled in state parliament this week, the committee raised concerns about the mental health and financial impacts on people subject to ICAC investigations in circumstances when no finding of guilt was ultimately made.

The inquiry heard Ms Vasilevski was forced to sell her home to cover more than $100,000 in legal costs for proceedings that ended up being dismissed.

Georgina Vasilevski was general manager at Renewal SA. Picture: Keryn Stevens

Another witness said they had to sell their home at a $150,000 loss because they needed cash to fund their defence to charges over which they were eventually acquitted.

Mr Barr’s wife Debbie Barr supported the recommendations.

“We have endured years of stress, uncertainty, meetings with our lawyers, and worry about the costs,” she said.

“This experience has cost us greatly, in every way imaginable.”

Mr Barr took his own life in October 2019 while under investigation by ICAC. ICAC later made no findings against him.

Mrs Barr told the committee her husband took his own life because of the stress of the investigation.

The committee recommended:

A JUDICIAL inquiry be launched to look into the handling of police complaints and compliance;

THE Office of the Independent Inspector investigates and considers making recommendations to the Attorney-General that those investigated by ICAC, and/or their families, who were subject to adverse outcomes, including police officers in Operation Mantle, executives from Renewal SA and Doug Barr, be reimbursed legal fees and associated costs, with other compensation to be considered;

THE Office of Public Integrity investigate the circumstances surrounding the search of Mr Barr’s home;

PARLIAMENT considers amending the ICAC Act to allow publication and exoneration protocols whereby at the end of an investigation or prosecution that makes no adverse findings against a person, their names are published in a prominent publication, on annual reports and on the ICAC website advising of that fact.

PARLIAMENT considers changing the Act to ban joint operations between SA Police and ICAC when members of the force are the subject of the investigation.