Victoria Police to pay legal costs of accused, let off on serious drugs charges over DNA tampering

An anti-corruption watchdog will have ‘oversight’ of an internal police investigation into a police officers alleged falsification of a DNA case results summary.

Victoria Police Chief Commissioner Shane Patton. Picture: Jason Edwards

Victoria Police will pay the legal costs of an accused drug offender after seven serious drugs charges against her were withdrawn in court following a senior constable’s arrest for allegedly falsifying a DNA case results summary in the case.

The state’s anti-corruption watchdog is also monitoring an internal police investigation into the matter after the senior constable, Jye Symes, was stood down with pay on March 29 when professional standards command interviewed him.

According to information released by the Melbourne Magistrates Court registry, the seven charges Leyna Thai faced – which included trafficking a commercial quantity of ecstasy and methylamphetamine, as well as trafficking cocaine, heroin and cannabis – were struck out on March 29.

The court ordered: “The Chief Commissioner will pay the accused’s costs in relation to the proceeding.”

On Monday, a spokeswoman for the Independent Broad-based Anti-corruption Commission also said the watchdog has been “notified of this matter by Victoria Police”. “IBAC is oversighting Victoria Police’s investigation, which is still under way,” she said.

The watchdog can provide active oversight of police investigations to ensure they’re conducted thoroughly and impartially.

Victoria’s Office of Public Prosecution dropped its investigation of the case when it discovered Mr Symes had been arrested, according to a letter to lawyers in another case he is involved in.

“Victoria Police’s Professional Standards Command arrested and interviewed Senior Constable Symes on 29 March 2023,” the letter reads.

“That investigation related to the alleged falsification of a DNA case results summary, purportedly dated 10 September 2021, included in the brief in an unrelated prosecution where he was the informant. As a consequence of this matter being disclosed to the OPP, all charges against … were withdrawn at committal on 29 March 2023.”

There are concerns at least two other cases, due for hearings this week, could be compromised because of Mr Symes’ involvement.

A source on Sunday said a decision about whether or not they will be dropped could come down to what exhibits he handled.

There are fresh calls for a police ombudsman to independently investigate allegations of misconduct against the Victorian force after its professional standards command arrested Mr Symes two weeks ago.

Police Accountability Project principal lawyer Gregor Husper said it was inappropriate for “police to investigate police” and urged authorities to stand up an independent complaints handling system.

“It can only be a good thing to address our current failed system where police investigate themselves, and the sensible way to do that is to have an independent police complaints process,” he said. “This case highlights and supports the need for an independent complaints body to address levels of impunity that lie at the root of police corruption and misconduct.”

Mr Husper said he believed it was rare for police to be arrested over claims of misconduct and, while Victoria’s IBAC could investigate police misconduct, it investigates only a “tiny” proportion of cases that capture the public’s attention. “I think it is rare (for police who have committed misconduct) to be arrested, rarer to be charged, rarer still to get a conviction,” he said.

Victoria Police declined to comment on Monday but, responding to a request for comment on Sunday, a spokeswoman said a detective leading senior constable from crime command was arrested on March 29 “as part of a professional standards command investigation”. “We will work with the OPP to look at the impact of the current PSC matter on this investigation or any other investigations,” she said.