Transport NSW referred to police for hindering murder investigation

Transport NSW has been referred to police after failing to hand over to police “critical” information about the killer of Nicole Cartwright and wrongly sacking a manager who helped detectives catch him.

Transport NSW has been referred to police after a judge found the department hindered a murder inquiry.

The government department failed to hand over to police “critical” information about the killer of Nicole Cartwright and wrongly sacked a manager who helped police catch him.

The unprecedented finding was made by Acting Supreme Court Justice Monika Schmidt, who said it was a “disturbing” case which raised matters of public interest.

In a damning judgment on Friday, she ordered the government department to pay the manager, Thomas Wood, 41, damages of $306,409.

The judge said without Mr Thomas, police would never have been given the information about former transport employee Dennis Pietrobon, who killed himself in a cell at Parklea jail earlier this year while awaiting trial for Ms Cartwright’s 2018 murder.

Transport NSW had claimed Pietrobon’s work records, which revealed he had stalked, intimidated and sexually harassed a colleague and used work computers to download pornography, were private and confidential.

Nicole Cartwright.

Thomas Wood, who won an unfair dismissal case against Transport NSW.

Transport NSW lied to police and told them it had “nil complaints” recorded against Pietrobon, the court was told.

“Transport NSW had failed to provide police with computer records which it held, which were relevant to the murder prosecution, when approached during the investigation,” Justice Schmidt said.

“The evidence … was disturbing, given that all of us have obligations … to assist police in upholding the law, especially in the prosecution of offences of the utmost seriousness, such as murder.”

She said she had directed the Supreme Court registrar to provide copies of her judgments to Police Minister David Elliott and NSW Police Commissioner Mick Fuller.

“After reflection I have concluded that the evidence and the case Transport NSW advanced about these views, in these very unusual proceedings, raised matters of such considerable public interest,” she said.

Shadow transport spokeswoman Jo Haylen said this was unheard of.

“This is an extraordinarily serious matter,” Ms Haylen said.

“It is unheard of for a government department to be referred to the police commissioner because it may have interfered in a murder investigation. The public must have answers immediately.

“The Transport Minister must explain why his department tried to punish Thomas Wood for helping the police. This must never be allowed to happen again.”

Mr Wood was a forensic investigator for Transport NSW when he contacted Crime Stoppers immediately upon recognising Pietrobon after he saw his arrest last year.

Mr Wood had investigated Pietrobon, who was sacked about six months after the murder.

Justice Schmidt said Transport NSW failed to provide police with computer records which it held, which were relevant to the murder prosecution, when approached during the investigation.

Later, after the murder charge had been laid, Mr Wood disclosed their existence to police and advised Transport NSW of his belief, knowing what they contained, that they were critical to the prosecution.

After sacking Mr Wood for “serious and wilful misconduct”, Transport NSW also told police they should not discuss the information Mr Wood had provided.

“That advice was not adhered to,” the judge said.

“Mr Wood was interviewed, with the result that the (computer records) were pursued by police and eventually provided. It thus appears that without the information Mr Wood provided, computer records relevant to the murder prosecution would not have been produced.”

Mr Wood, who himself had a family member murdered some years ago, told The Daily Telegraph last month he believed he had done the right thing and had no regrets.

Ms Cartwright, 32, was murdered during a meth-fuelled ‘puff and play’ session with Pietrobon and her body was dumped at Hunters Hill.

When contacted, Transport Minister Rob Stokes’ office referred the query to Transport NSW.

Despite the judge’s criticism, a spokesperson said Transport NSW had been helping police before Mr Wood called Crime Stoppers.

“Transport for NSW does not comment on individual employment matters, however will be considering the judgment carefully,” a spokesperson said.

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