NT Police obtained crucial evidence in Colleen Gwynne case before charges laid

Diary notes have revealed police obtained evidence they believed would destroy their case against Colleen Gwynne but continued to investigate and later charge the NT Children’s Commissioner.

Police continued to investigate and later charge NT Children’s Commissioner Colleen Gwynne over allegations of abuse of office despite senior detectives believing a crucial piece of evidence would mean the “whole job is gone”.

Police obtained the evidence they believed would destroy their case in February 2019, but continued to investigate for more than 16 months before charging Ms Gwynne in July 2020. The case was thrown out of court almost three years later without Ms Gwynne’s lawyers presenting any evidence.

In March this year Justice John Burns directed a jury to find Ms Gwynne not guilty over allegations she inappropriately appointed her friend Laura Dewson as her assistant commissioner, ending a three-year investigation by police and the Director of Public Prosecutions.

NT Children's Commissioner Colleen Gwynne’s case was dismissed in March 2023. Picture: Justin Kennedy

Sky News has obtained diary notes written by Acting Superintendent Mark Grieve, a senior officer from the NT Police Special References Unit investigating Ms Gwynne as part of a task force dubbed Operation Pollux.

The notes detail a meeting he held with Detective Sergeant Wayne Newell and Detective Acting Sergeant Allan Wellfair on January 16, 2019, where they were to agree on an investigation plan to be approved by Commander Martin Dole.

The meeting discussed whether Department of Attorney-General and Justice Human Resources director Brian Mappas had told Ms Gwynne she had the power to appoint Ms Dewson and whether he had sought a legal opinion from the Office of the Solicitor for the Northern Territory before providing this advice.

Ms Dewson had been one of two candidates deemed suitable for the role by an independent selection panel, but another interstate candidate was the panel’s preferred option.

Ms Gwynne subsequently sought advice from Mr Mappas and other senior executives including acting chief executive Meredith Day, who is now a Supreme Court judge.

The detectives deemed the nature of this advice was crucial to their case.

“Mappas to indicate if the advice he gave to Gwynne was pursuant to SFNT Legal,” A/Superintendent Grieve’s contemporaneous diary notes say.

“If so whole job is gone.”

Diary notes by Acting Commander Mark Grieve revealed a meeting with a key witness was conducted in 2019. Picture: Monique Van Der Heyden

Sky News has confirmed police subsequently interviewed Mr Mappas on February 28, 2019, where he confirmed he had given Ms Gwynne this advice and that he had sought the legal opinion of Simon Weise, an employment lawyer in the Office of the Solicitor for the Northern Territory.

In response to questions sent to the Department of Attorney-General and Justice a spokesman said: “Advice was sought from the Solicitor General for the Northern Territory, however we are unable to comment on the matter as this information is confidential and subject to privilege.”

But it’s understood Mr Weise subsequently provided a statutory declaration confirming he had given Mr Mappas this legal advice during a phone call in November 2018.

Despite this confirmation police continued their investigation and charged Ms Gwynne with abuse of office in July 2020.

Police have defended their investigation.

“The investigation proceeded as per NTPF investigative procedures,” a police spokeswoman said.

“Prior to the service of the notice to appear, the matter was reviewed by the DPP, there was sufficient evidence available to support the charge and this matter proceeded.”

Requests by Ms Gwynne’s legal team to the DPP to have the charges dropped were unsuccessful.

During the second week of Ms Gwynne’s trial Justice Burns ruled the prosecution would have to prove beyond reasonable doubt that Ms Gwynne engaged in the conduct solely for the purpose of having a friend appointed to the position and not because she ­believed her friend was the best person for the job.

The prosecution was then forced to concede it had “insufficient evidence” to continue the case and the jury was directed to find Ms Gwynne not guilty.

After the verdict Ms Gwynne criticised the police investigation saying she had not been offered an interview before being charged, and that key witnesses who could have demonstrated her innocence were never spoken to.

“The humiliation and victimisation to which I’ve been subjected merely for doing my job is something that I had to endure in silence,” she said.

• Matt Cunningham is the Sky News Darwin Bureau Chief and North Australia Correspondent.