Police union urges more reform to protect cops, public servants

Hundreds of thousands of dollars in legal fees incurred defending police in ICAC cases have not been paid back, the police union says.

The state’s police union is still owed more than $226,000 for legal fees it incurred defending police officers involved in Independent Commission Against Corruption cases, a parliamentary committee has been told.

Police Association president Mark Carroll said the unreimbursed amount was on top of almost $2 million already recouped from the State Government following the failed prosecution that resulted from a joint ICAC/SA police investigation.

Appearing before the Select Committee on Damage, Harm or Adverse Outcomes resulting from ICAC investigations, Mr Carroll urged further reform to legislation to ensure public officers wrongly charged were not financially disadvantaged.

Mark Carroll, President of the Police Association of South Australia. Picture: Supplied

Former Renewal SA boss John Hanlon outside the District Court after the DPP withdrew all charges against him. Picture: NCA NewsWire / Brenton Edwards

“It is plainly unfair that the ICAC can receive significant millions of dollars in taxpayer funding and use those funds to pay for the legal services of the very best senior counsel, while a public officer under investigation or interviewed as part of an investigation faces restrictions on the quantum of monies spent on necessary legal assistance that may be recoverable – noting, importantly, they initially face the harsh reality of meeting such costs personally, or a union such as the Association does,’’ he told the committee.

“This places any person summonsed before the ICAC at both a legal and financial disadvantage. It is entirely unfair. I say it is a blight on our justice system and should be amended by the parliament as a matter of urgency.

“We would urge parliament to legislate the requirement of Government to maintain a fund for the purposes of providing upfront legal representation of public officers suspected of matters investigated by the ICAC or Ombudsman.’’

Besides almost $2 million so far reimbursed to the police union, the state government has paid out more than $650,000 for legal fees incurred as a result of other failed prosecutions resulting from ICAC investigations – including those of former Renewal SA executives John Hanlon and Georgina Vasilevski.

Former Renewal SA executive Georgina Vasilevski. Picture: Dean Martin

Former ICAC Bruce Lander KC. Picture: David Mariuz

The joint investigation – dubbed Operation Bandicoot – was conducted by then-Independent Commissioner Against Corruption Bruce Lander QC and SAPOL’s Anti-Corruption Branch after a whistleblower alleged officers from the Sturt Local Service Area’s Operation Mantle drug investigation team were stealing from crime scenes.

As part of Operation Bandicoot, ICAC and the ACB tapped the officers’ phones for an extended period, used listening devices in the Operation Mantle office, and employed physical surveillance.

It also included two fake undercover operations in which various items, cash and drugs were deliberately planted in cannabis grow houses.

In all cases, the eight officers were either acquitted in the Supreme Court or had charges of public office abuse and aggravated theft withdrawn because of deficiencies in the evidence and flaws in the investigation and prosecution processes uncovered by their lawyers.

Mr Carroll told the committee that the current reimbursement provisions, provided under a binding legal bulletin administered by the Crown Solicitor’s Office, were “completely unsatisfactory.’’

“If the Association is having issues, then it is likely other public officers are too,’’ he said.

“Ultimately, individuals summonsed before the ICAC as a result of matters arising in their employment are at a disadvantage, considering the ICAC has significant public resources on which to draw, and a public servant is not likely to be able to afford to fund their own legal representation.’’

He said a firm legislative regime was required that provided legal representation “upfront’’ and set a legislated time period to adjudicate on and provide legal reimbursements.

“It is no coincidence that the reimbursements we received totalling nearly $2 million dollars for the failed Operation Bandicoot matters occurred because the Malinauskas Government in a pre-2022 election commitment promised to expedite the matter,’’ Mr Carroll said.

“After winning government, they did. Surely, we can all collectively do a lot better than having to seek reimbursement via a state election.’’