Why IBAC won’t reopen red shirts rort probe

IBAC has ruled out launching a fresh probe into claims police deliberately foiled a criminal investigation into the red shirts rort.

Victorian Premier Daniel Andrews with Labor Party supporters wearing red shirts. Picture: Julian Smith

Victoria’s corruption watchdog has ruled out investigating claims police purposely foiled a criminal investigation into the Andrews government’s red shirts election rort.

The Independent Broad-based Anti-corruption Commission this week notified a police whistleblower they would not pursue his claims of corruption over the initial investigation.

The decision comes on the eve of the state election and means Daniel Andrews will be spared becoming embroiled in a fifth known anti-corruption inquiry.

The whistleblower, who worked on the initial 2018 investigation, told IBAC police were blocked from doing their jobs to help Daniel Andrews win the 2018 election.

In an explosive 29-page statement, lodged with IBAC in June, he claimed police were ordered to ignore normal police procedures while investigating the rort.

The scheme saw almost $388,000 in taxpayers’ money spent on part-paying electorate staff to campaign for the 2014 election.

Almost two dozen MPs, including several ministers, were embroiled in the scandal that misused taxpayer dollars to pay for political campaigning.

An initial police investigation concluded in October 2019 with police announcing they would not lay charges.

Victorian Premier Daniel Andrews with Labor Party supporters wearing red shirts at Deer Park train station in 2018. Picture: Julian Smith

But the whistleblower called on IBAC to interview new witnesses and examine official Victoria Police work diaries, emails, investigation logs and operation orders.

“There needs to be an investigation into how the red shirts investigation was conducted by Victoria Police Command,” he wrote.

“The actions of the suspect Labor MPs in the red shirts rort have never been properly investigated due to the interference and obstruction of the Fraud and Extortion Squad investigators by senior police in Police command.

“It was a political job, meaning that this criminal investigation had a high level of interest from the public and the media.

“I believe that the interference and obstruction of the police investigation was likely done for political reasons and for personal reward, such as promotions.”

But IBAC this week ruled out a fresh probe after speaking to a number of new witnesses.

“IBAC’s preliminary inquiry found that the ‘Red Shirts’ investigations and prosecutions were discontinued due to a lack of evidence,” the whistleblower was told.

“The decision not to proceed with the investigation and prosecution was made following receipt of legal advice and at the discretion of the Office of the Public Prosecutions (OPP) on the basis that the prospect of success was not made out and to proceed with prosecution was not in line with the OPP’s prosecution policy.

“Additional legal advice in relation to the involvement of Labour MPs indicated that the mental elements of the alleged offences could not be made out based on the available evidence.

“IBAC explored multiple lines of inquiry, however found no evidence of interference or obstruction from any senior members of Victoria Police regarding either ‘Red Shirts’ investigation.

“Consequently, IBAC concluded that no further action was required on this matter as the available information did not support a reasonable suspicion that police misconduct had occurred.

“Further, IBAC was unable to identify any other lines of inquiry capable of yielding information which may have supported allegations of police misconduct.”

IBAC has ruled out a fresh probe due to a lack of evidence.

The police whistleblower said he felt let down by the decision.

Former Labor minister Adem Somyurek has accused the Premier of being personally involved in the rort.

However in her latest investigation into the matter Victorian Ombudsman Deborah Glass said there was no evidence to find Andrews designed the scheme.

Rather, evidence showed he was “involved and immersed in the Red Shirts campaign in 2014, as he necessarily would have been as party leader.”

A bid to reopen the police investigation earlier this year was rejected because of a lack of new information.

The matter has been twice probed by the Ombudsman.