MP Frank Pangallo accuses SA Police of trying to undermine a parliamentary inquiry into ICAC by calling in a prominent QC

A state MP has rebuked SA Police over its “most improper” bid to have a renowned QC sit with police witnesses at an inquiry into botched ICAC cases.

Committee chair Frank Pangallo questioned why SAPOL has hired external counsel at “enormous cost” to taxpayers.

SA Police has been accused of trying to undermine a parliamentary inquiry into botched ICAC investigations by requesting a prominent lawyer be allowed to sit with police witnesses.

MLC Frank Pangallo, chair of a select committee looking into the issue, also questioned why SAPOL has hired external counsel at “enormous cost” to taxpayers, despite having its own in-house legal team.

But police defended the move as a “normal business practice” that was made necessary by complex issues around the release of information relative to ICAC, and by “disciplinary matters which remain ongoing”.

Mr Pangallo said he this week received a letter from Frances Nelson QC asking that a committee hearing due to take place on Friday be rescheduled.

He said Ms Nelson, who is chair of the state’s Parole Board, made the request so she could be present to appear with witnesses while they give evidence.

In a letter of reply, supplied to The Advertiser, Mr Pangallo denied the request and raised his concerns.

“We are most concerned that you are requesting to appear ‘with’ the witnesses during the inquiry,” he said.

Frances Nelson QC wrote to Mr Pangallo requesting that Friday’s hearing be rescheduled.

“By that, we can only assume that you expect to participate, at some point, of the examination of witnesses by the Committee.”

He said it was “accepted convention in parliament” that witnesses, regardless or who are they are or where they are from, appear without a lawyer sitting beside them.

Mr Pangallo went on to question the motive of the request, and said its timing was “most improper”.

“I am quite concerned that this request appears to me to be an attempt by SAPOL to further influence, frustrate and undermine the intent and legislated processes of this inquiry,” he said.

He reiterated his concerns in a separate letter sent to SA Police solicitor Laura Bruce, and questioned the cost of hiring Ms Nelson.

“Can SAPOL please provide the committee with an explanation on how it can justify the enormous costs incurred by taxpayers in hiring a prominent QC when SAPOL has its own in-house lawyers in its Office of the General Counsel?” Mr Pangallo wrote.

In a statement, a spokeswoman said SAPOL “quite often” seeks advice from Senior Counsel about complex matters affecting the organisation and its members.

“Such advice can be sourced from the Director of Public Prosecutions, Crown Solicitors Office and, in some instances, from particular independent senior legal counsel if required,” she said.

“On those occasions, Counsel are always engaged at Crown rates, so incur no more expense than any representation from the Crown Solicitor’s Office.

“This is a normal business practice and the associated costs are primarily borne from within SAPOL’s existing budget.”

Superintendent Christine Baulderstone

The spokeswoman confirmed Senior Counsel has been engaged to advise SAPOL on the current inquiry.

“(This is) due mainly to the complex issues around the release of information relative to ICAC and disciplinary matters which remain ongoing,” she said.

“The Commissioner reiterates his respect for the role and function of this Parliamentary Committee.”

The committee is probing damage, harm or adverse outcomes resulting from ICAC investigations.

It has previously heard from SAPOL members involved in “Operation Bandicoot” – a joint corruption probe into alleged thefts from crime scenes.

Eight officers were charged in 2014, but all were either acquitted in the Supreme Court or had charges withdrawn.

Senior Sergeant Steve Hammond and Sergeant Andrew Goldsmith – two officers with links to the operation but who were not among those charged – have been called to give evidence on Friday.

Two weeks ago, the committee heard key evidence “went missing” after Superintendent Christine Baulderstone crashed into a pedestrian while driving on duty.

The victim, Sharon Smith, says Superintendent Baulderstone – who once led SA Police’s anti-corruption unit – failed to assist her at the scene and offered no apology after the November 2013 collision.

Ms Smith said police later threatened to issue her an infringement notice for crossing the road.