Children’s Commissioner corruption charge dropped after trial began

The Northern Territory Children’s Commissioner has been cleared of corruption after three years of ‘humiliation and victimisation’.

Northern Territory Children’s Commissioner Colleen Gwynne. Picture: Zizi Averill

The Northern Territory Children’s Commissioner – a former cop who nailed Peter Falconio’s murderer – has been cleared of corruption after three years of “humiliation and victimisation” and is understood to be contemplating civil redress over the botched prosecution.

Colleen Gwynne has been on leave from her independent government watchdog role since July 2020 when the former “AFL great” was charged with abuse of office and given notice to appear in court.

The woman who brought Bradley Murdoch to justice during her 26-year policing career was accused of trying to parachute a close friend into a plum job in the NT public service.

On Tuesday, her trial, which had started and was set to run for up to six weeks with more than 60 witnesses, ended abruptly when the charge was dropped because of insufficient evidence.

Ms Gwynne last week endured a jury empanelment and the prosecution’s opening address, which made allegations against her and which she now – because of the trial’s end – will have no opportunity to defend.

Crown prosecutor Georgina Wright SC opened the case against Ms Gwynne last Wednesday after the 56-year-old pleaded not guilty to one count of abuse of office for alleged arbitrary and prejudicial conduct.

Ms Wright told the jury a complaint by Acting NT Children’s Commissioner Nicole Hucks had sparked the investigation, and the crown alleged Ms Gwynne provided a “malicious” negative reference for Ms Hucks during the recruitment process for assistant commissioner so her close friend and former police colleague Laura Dewson would get the job.

Ms Wright said between December 1, 2018, and June 16, 2019, Ms Gwynne used her public officer role to hire her former police colleague Ms Dewson, and install her as her deputy.

The court was told Ms Gwynne had failed to disclose a conflict of interest in breach of her obligations as well as the public’s trust in her to impartially carry out the functions of the office.

The prosecution finished delivering its opening remarks, including revelations police had bugged Ms Gwynne’s office while investigating the “captain’s pick”, on Thursday.

On Friday morning, judge John Burns told the jury the trial would be delayed until Tuesday so the parties could debate a “significant issue of law”, which The Australian understands related to an important point of proof about an element of the offence.

Ms Gwynne’s legal team planned to respond to the crown claims when the jury returned on Tuesday but before they had the chance to do so, Ms Wright told the judge there was “insufficient evidence” for the case to proceed and withdrew the charge.

“It is our position that the crown will produce no further evidence and there is no objection from the crown to the verdict of not guilty being entered,” she said.

Justice Burns told the jury that following “certain rulings I made on questions of law”, the trial would discontinue and directed it to return a “not guilty” verdict.

The Australian understands the crown case collapsed when the prosecution realised it could not prove Ms Gwynne did not believe Ms Dewson, who they conceded was well qualified, was – on merit – the best candidate. It also could not prove that Ms Gwynne’s conduct was intentionally arbitrary or an abuse of process.

Outside court, Ms Gwynne welcomed the verdict and criticised the police investigation. “At no stage have I ever been interviewed by investigators,” she said. “Key witnesses who would have demonstrated my 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. I watched with increasing despair as the case took (on) a life of its own.”

Ms Gwynne has been Children’s Commissioner since 2015. Outside court this week Ms Gwynne – who has 13 AFL premierships to her name as a player and coach – thanked her legal team and family for standing by her before saying she would now “take time to consider my future”. It is not known whether she will return to the job.

The man who appointed her – former Attorney-General and Corrections Minister John Elferink – told The Weekend Australian Magazine in 2018 that Ms Gwynne was “the epitome of integrity”.

The mother-of-two had been reappointed for a second five-year term in May 2020.

Ms Gwynne established the Child Abuse Task Force which was the first multi-agency group set up to deal with chronic child abuse in NT communities.

Prior to being charged Gwynne had been frank about the Territory’s child welfare crisis and the failings of government agencies and departments to protect those most vulnerable.

Ms Gwynne – who was appointed by the Administrator to fight for the interests of vulnerable children – had always maintained her innocence and claimed the charge against her was “misconceived”.

Sources said she was now considering seeking civil remedies for reputational damage and other losses.

The Department of the Attorney-General and Justice said it would not comment on personnel matters when asked about the structure of the OCC’s following the court outcome.

NT police said they were dis­appointed with the DPP’s decision. The NT government said it would “review and consider next steps”, and the DPP declined to comment.