Hotel inquiry: security guard decision made early, say police
Victoria Police says the decision to use private security to guard quarantine hotels was likely made by the time Premier Daniel Andrews announced the program.
Victoria Police says the decision to use private security to guard quarantine hotels was likely made by the time Premier Daniel Andrews announced the program at a press conference on March 27.
In a submission released by the Coate inquiry on Friday, Victoria Police said the Department of Premier and Cabinet had briefed senior public servants, including staff from the Department of Health and Human Services, before the press conference. Police did not attend the briefing.
“DPC conducted a briefing (at an unknown time prior to the Victorian Secretaries Board meeting at 4pm) regarding the national cabinet meeting with other senior public servants, including DHHS staff,” the submission states.
Mr Andrews announced the program about 3.20pm, after the meeting, Victoria Police said.
The submission said that at 3.27pm Department of Jobs, Regions and Precincts director of priority projects Claire Febey sent a text summarising the press conference that said “police, security, monitor compliance”.
“It is open to the board to find that, by no later than this point, a decision had been made that the proposed model would involve private security, and that all interested agencies understood this,” the submission said.
“This is consistent with information conveyed to (chief commissioner of police Graham) Ashton between 1.16pm and 1.22pm that day.
“The fact that the person or persons who made the decision cannot be ascertained on the available evidence is not a proper basis for concluding that there was no decision until the (State Control Centre) meeting at 4.30pm.”
Mr Ashton has told the Coate inquiry he can’t recall who rang him, but his phone records show he sent Australian Federal Police Commissioner Reece Kershaw a text message at 1.32pm, stating: “I think that’s the deal set up by our DPC.”
Counsel assisting the hotel quarantine inquiry have proposed that chairwoman Jennifer Coate find that the decision to use private security was made at a 4.30pm meeting on March 27 after a preference shown by Victoria Police.
“Definitely wasn’t Vic Pol’s idea (private security guards). No way known,” one senior police officer said.
Mr Ashton’s mobile phone data for the critical six-minute period between 1.16pm and 1.22pm on March 27 is likely to reveal who rang the then chief commissioner and told him that private security would be used.
Telephone and email requests on behalf of Victoria Police were made to Telstra to access Mr Ashton’s data, but this was rejected as the matter was not a criminal investigation and there was no legal subpoena issued.
The Coate inquiry declined to comment on whether it intended issuing a subpoena to access Mr Ashton’s data, but as at Friday, Telstra had yet to receive any request from the inquiry.
Former health minister Jenny Mikakos has produced a previously undisclosed email that she says adds to the weight of evidence that an “actual decision, not an assumed one”, was made to use private security guards during the March 27 national cabinet meeting “or soon after”.
The email, with the subject line “National Cabinet Outcomes”, was sent by Nicole Lynch, director national cabinet (health and public health) DHHS, to senior DHHS officers at 2.48pm on March 27.
Ms Lynch wrote that it was agreed that private security would enforce quarantine where police did not want to take on the role.
“Enforcement by S&T governments keen for police not to babysit, but called in as needed (e.g. use private security),” she wrote.
Ms Mikakos, in her submission, said the email was not put to any witness, nor was Ms Lynch called to give evidence.
She said that the document, while not ultimately tendered, was notified to counsel assisting the inquiry via email on September 21.
“The weight of the evidence points clearly to an actual decision, not an assumed one, having been made during the course of, or soon after, the meeting of national cabinet,” she said.
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