Colleen Gwynne’s disclosure in corruption probe leaked to police

Colleen Gwynne’s confidential disclosure to investigators probing potential police corruption was handed to NT Police before they began investigating her over allegations of abuse of office.

A confidential disclosure made by Children’s Commissioner Colleen Gwynne to investigators probing potential police corruption was handed over to NT Police before they began investigating her over allegations of abuse of office.

Ms Gwynne, a former police officer, had been approached by the Office of the Public Interest Disclosure Commissioner to give an interview to former Victorian deputy ombudsman John Taylor, who was investigating allegations former commissioner John McRoberts had interfered in a criminal investigation into travel agent Xana Kamitsis.

Ms Gwynne’s disclosure raised concerns about conduct among the top ranks of the NT Police Force.

She discovered police were in possession of a transcript of her disclosure when she was interviewed by detectives investigating rape allegations against former assistant commissioner Peter Bravos.

Former NT Police Assistant Commissioner Peter Bravos was acquitted of the charges. Picture: File

A chronology of events prepared for Ms Gwynne’s lawyers based on her contemporaneous notes detail a meeting she had with Solicitor-General Sonia Brownhill on September 7, 2018, where she raises concerns a transcript of her interview had been leaked to police.

“Meeting with Solicitor-General Sonia Brownhill regarding whistleblower disclosure from historical PID matter,” the document says.

“Concerns an interview I did with PID relating to potential corruption in police.

“Police investigating Bravos matter were in possession of the transcript of my interview.

“I received an apology from SG on behalf of the previous Information Commissioner.”

Supreme Court Justice Sonia Brownhill, who was the Solicitor-General at the time.

The meeting occurred two months before police began investigating Ms Gwynne over allegations she had acted inappropriately when she appointed her friend Laura Dewson as assistant commissioner.

After a three-year police investigation the case was thrown out of court in March before the defence had presented any evidence.

Police have failed to respond to questions sent last Thursday about why they were in possession of Ms Gwynne’s disclosure and whether this had influenced their decision to pursue criminal charges against her for abuse of office.

Sky News attempted to contact Sonia Brownhill, who is now a Supreme Court judge, and the Department of Attorney-General and Justice to confirm why Ms Gwynne’s disclosure had been leaked and if she had received an apology.

In response to questions sent to NT Courts, a spokesman said: “I have been told that Justice Brownhill is not at liberty to disclose any information about the performance of her legal duties and functions in her role as Solicitor-General.”

The Territory’s Children’s Commissioner Colleen Gwynne.

The Department of Attorney-General and Justice was also unable to answer questions about the leak.

“AGD is not able to respond to these questions as the PID operated independently from the department in the performance of its functions, as per the PID Act,” a spokeswoman said.

The Act also states that “a person must not disclose confidential information acquired when acting in an official capacity”, except in exceptional circumstances.

Brenda Monaghan, who was the Public Interest Disclosure Commissioner when Ms Gwynne made the disclosure, said she was unable to comment as the matter was subject to confidentiality provisions.

Attempts to contact Allan Borg, who was Acting Public Interest Disclosure Commissioner later in 2018, have been unsuccessful.

The Office of the Public Interest Disclosure Commissioner was subsequently involved in sparking the police investigation into Ms Gwynne.

A complaint made to the Office of the Commissioner for Public Employment in November 2018 was passed on to Mr Borg, the Acting Public Interest Disclosure Commissioner.

Former Northern Territory Police Commissioner Reece Kershaw. Picture: Keri Megelus

Mr Borg passed the information directly to then police commissioner Reece Kershaw.

A day later the police Special References Unit began its investigation into Ms Gwynne.

The next day the Independent Commission Against Corruption began operating and the Office of the Public Interest Disclosure Commissioner was closed.

Sky News has previously revealed that police continued to pursue the case for 16 months after detectives obtained a crucial piece of information detectives believed would mean the “whole job is gone”.

The information related to advice given to Ms Gwynne by Department of Attorney-General and Justice HR director Brian Mappas and Simon Wiese from the Office of the Solicitor for the Northern Territory that she was able to appoint Ms Dewson to the position.

Territory Families Minister Kate Worden said she was unable to comment on calls for an inquiry into this matter because of a conflict of interest.

She directed our questions to Attorney-General Chansey Paech.

We received a subsequent response from an unnamed government spokesperson who said questions about an inquiry should be directed to the Independent Commissioner Against Corruption.

*Matt Cunningham is the Sky News Darwin bureau chief and North Australia correspondent.

Follow @mattcunningham