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Nick Kaldas: ‘Ombudsman biased against former top cop’

FORMER deputy police commissioner Nick Kaldas has accused the state’s Ombudsman of bias against him and of favouring his former boss Andrew Scipione.

Former NSW Police Deputy Commissioner Nick Kaldas.  Picture: Craig Greenhill
Former NSW Police Deputy Commissioner Nick Kaldas. Picture: Craig Greenhill

FORMER deputy police commissioner Nick Kaldas has accused the state’s Ombudsman of bias against him and of favouring his former boss Andrew Scipione as he attempts to halt the publication of a bombshell report into the police bugging scandal.

Acting NSW Ombudsman John McMillan wanted to publish the final Operation Prospect report into the bugging scandal next week but vowed to hold off until at least 10am on December 19, in light of Mr Kaldas’s legal challenge.

Lawyers for the former deputy police commissioner, who retired in March after 34 years in the cops, appeared in the Supreme Court seeking a temporary injunction blocking the report’s publication and exclusion of Mr Kaldas from the document.

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NSW Police Commissioner Andrew Scipione. Picture: John Fotiadis
NSW Police Commissioner Andrew Scipione. Picture: John Fotiadis
Nick Kaldas has accused the state’s Ombudsman of bias against him and of favouring his former boss.
Nick Kaldas has accused the state’s Ombudsman of bias against him and of favouring his former boss.

Jeremy Kirk SC, representing the ombudsman, said Professor McMillan believes there is “strong public interest” in publishing the document, noting that it affects “scores and scores of people” and that “some of the people, like Mr Kaldas, no doubt have fears for their reputation”.

A full hearing has been pencilled in for next Friday and is expected to last a day.

The summons document outlining the case accuses former Ombudsman Bruce Barbour, who presided over most of the four-year Operation Prospect investigation, of being “biased against” Mr Kaldas.

It further alleges Mr Barbour met police Commissioner Scipione privately — and discussed aspects of Operation Prospect with him — but “refused” to have similar contact with Mr Kaldas.

Then Acting NSW Police Commissioner Nick Kaldas addressing the media. Picture: Jonathan Ng
Then Acting NSW Police Commissioner Nick Kaldas addressing the media. Picture: Jonathan Ng

“The (Ombudsman’s) treatment of (Mr Kaldas) was less favourable than his treatment of other persons in comparable situations,” the summons said.

Mr Scipione’s office did not respond to a request for comment last night.

The summons also claims deputy Ombudsman Linda Waugh should not have been involved in the investigation and was also “biased” against Mr Kaldas because she was in a “personal relationship” with a former Police Integrity Commissioner.

The PIC is also under investigation as part of Operation Prospect.

Mr Kaldas is claiming Operation Prospect, which has cost more than $10 million, is flawed and the Ombudsman’s office was not equipped to conduct the investigation.

The inquiry is investigating internal bugging operations carried out against more than 100 police officers, including Mr Kaldas between 1999 and 2001.

The bugging was carried out by a team of police including current deputy commissioner Catherine Burn. Mr Scipione worked in the same unit as Ms Burn.

Prior to leaving the force, Mr Kaldas was a popular choice to become the next commissioner, while Ms Burn was also eyed as a successor to Mr Scipione, who is due to retire next year.

NSW Police Force Acting Commissioner Catherine Burn and AFP Deputy Commissioner Michael Phelan.
NSW Police Force Acting Commissioner Catherine Burn and AFP Deputy Commissioner Michael Phelan.

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Original URL: https://www.dailytelegraph.com.au/news/nsw/nick-kaldas-ombudsman-biased-against-former-top-cop/news-story/721457c283b9a16d2d2a3f9a5ed12736