Secret files ‘kept from IBAC scrutiny’ in Lawyer X inquiry
Top-secret files were withheld from the Independent Broad-based Anti-corruption Commission inquiry into Victoria Police’s dealings with Lawyer X, insiders claim.
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Top-secret files were withheld from the Independent Broad-based Anti-corruption Commission inquiry into Victoria Police’s dealings with Lawyer X, insiders claim.
Whistleblowers allege that the IBAC investigation by Justice Murray Kellam relied on outdated material and up to 296 files were not handed over to the anti-corruption body.
IBAC investigated the complaint that files were missing in September 2016 — as the Herald Sun revealed at the time — leading the watchdog to claim it had received all the relevant documentation.
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But insiders insist that Victoria Police undermined the IBAC probe, handing over outdated files.
“The material examined by IBAC was off track,’’ one insider says. “People were cross-examined on material that was written 10 years earlier. There was contemporaneous material. They (IBAC) certainly didn’t get everything.’’
A royal commission into the Lawyer X scandal, announced on Monday, could probe the information received by IBAC.
During the course of the watchdog inquiry, more than 5500 documents were examined and 14 witnesses were interviewed, including former Victorian police chief Simon Overland — who is considered the architect of Lawyer X’s informing.
But IBAC did not interview Lawyer X.
In 2016, the corruption watchdog responded to queries from the Herald Sun about its Lawyer X probe being thwarted, saying: “IBAC received an allegation that certain relevant material had not been supplied to it by Victoria Police during its investigation.
“IBAC, however, was satisfied that all material was considered by Mr Kellam during his investigation.”
Legal sources close to the case say that is incorrect.
IBAC Commissioner Robert Redlich, QC, on Tuesday welcomed the Victorian government’s establishment of a royal commission.
“The royal commission will build upon the findings of IBAC’s landmark 2015 inquiry, Operation Leven, which first exposed the conduct of Victoria Police in this highly sensitive and complex matter,” Mr Redlich said.
“IBAC’s investigation by Mr Kellam found serious mismanagement of human source information and concluded that Victoria Police had failed to act in accordance with proper policies and procedures.
“In keeping with IBAC’s police oversight jurisdiction, Operation Leven focused on the conduct of Victoria Police personnel.
“It is appropriate that a royal commission with broader terms of reference should examine the potential impact on the administration of justice in relevant cases.”
IBAC made 16 recommendations to Victoria Police, including to improve its policies, systems and practices for the management of human sources, but the full report has never been released, due to “the highly sensitive and confidential nature of the material examined, and serious concerns about the risks to the safety and welfare of people involved”.
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