Operation Prospect: ‘Lost’ report exonerates Nick Kaldas over ‘illegal bugging’ inquiry
EXCLUSIVE: The NSW government has buried an explosive report by the NSW Crime Commission that denounces the Ombudsman’s findings into former deputy police commissioner Nick Kaldas.
NSW
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THE NSW government has buried an explosive report by the NSW Crime Commission that denounces the Ombudsman’s findings into former deputy police commissioner Nick Kaldas.
Crime Commissioner Peter Hastings, QC, has produced a report which details the commission’s strong view that Operation Prospect, a $15 million four-year inquiry into the illegal bugging of more than 100 police officers, had a lack of procedural fairness and was therefore legally flawed.
The commission is also understood to exonerate Mr Kaldas of the finding that he engaged in unreasonable and false and misleading conduct.
It is understood the report castigates the way the NSW Ombudsman went about its investigation into claims false information was given to obtain listening device warrants.
And sources familiar with Mr Hastings’ report say it is highly critical of the denial of procedural fairness and failure to cross-examine witnesses.
In February, the commission’s report was handed to NSW Police Minister Troy Grant’s department. He would not comment yesterday on what had been done with the report, but Premier Gladys Berejiklian’s office confirmed the report had not come to them.
The Department of Justice said it had received the report this week and would be providing no further comment.
Police sources are highly suspicious that it has not been made public or acted upon. A source said that this is being seen as a pattern of behaviour to protect the Ombudsman.
The Ombudsman’s report found Mr Kaldas, who is popular among rank and file officers, engaged in unreasonable conduct twice and may have been given “false and misleading” evidence to the secret Operation Prospect inquiry about his contact with the commission’s solicitor John Giorgiutti.
Mr Kaldas was accused of improperly requesting or receiving NSW police information on three occasions and of failing to report he had received anonymous confidential crime commission and other police documents.
Deputy Commissioner Catherine Burn was a senior member of the unit that carried out several covert operations while investigating claims of police corruption and the Ombudsman report also found Ms Burn engaged in unlawful conduct.
Both Mr Kaldas and Ms Burn have applied to become the next NSW Police Commissioner. An announcement about the top job is imminent, which makes a report clearing Mr Kaldas crucial.
Seven QCs have criticised the Operation Prospect report and the way the Office of the Ombudsman conducted the operation, including Mr Hastings, Arthur Moses, Bruce McClintock, Maurice Neil and Clive Stern.
Ian Temby, QC, has described the process as “a grotesque injustice”. Mr Hastings outlined many of the commission’s grievances concerning Operation Prospect in a letter sent to Professor John McMillan last year.
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