Dozens interviewed over AWU raids, federal police reveal

The AFP has interviewed “dozens” of people over leaks to the media, and say a criminal offence “may have been committed”.

Jobs Minister Michaelia Cash. Picture: AAP

The Australian Federal Police has confirmed it has interviewed “dozens” of people in relation to leaks to the media about raids on union premises from Jobs Minister Michaelia Cash’s office, and believe a criminal offence “may have been committed”.

AFP Chief Commissioner Andrew Colvin told a Senate committee today police had referred evidence concerning the case to the commonwealth Department of Public Prosecutions, but said claims the matter had been formally referred to the DPP were inaccurate.

Senator Cash’s former media adviser David De Garis resigned last October, after admitting he tipped off media outlets about police raids on Australian Workers’ Union offices.

The raids were conducted as part of the Registered Organisations Commission’s investigation into donations the union made to left wing group GetUp! and Labor candidates when Opposition Leader Bill Shorten was national secretary.

Mr Colvin said it was not correct to report, as some media outlets did this week, that the AFP had referred its investigation into the tip-off to the DPP.

“There’s a difference between speaking to the DPP and actually formally referring the matter to the DPP,” Mr Colvin said.

Deputy Commission Leanne Close confirmed “some material” concerning the investigation into the media tip-off had been referred to the DPP.

“It’s not a full brief of evidence, no, because the investigation is continuing,” she said.

“We’ve been investigating whether an offence has been committed or not, and that is our role.

“We do believe an offence may have been committed, hence our request to the DPP for some assessment of our material.”

Federal police arrive at the offices of the Victorian brach of the AWU in October last year. Picture: AAP

Mr Colvin said the mere fact that the AFP was investigating “should give rise to the fact that we believe an offence has occurred.”

“What the AFP is investigating is can we establish anyone who is responsible for that conduct,” he said.

“What we are talking to the DPP about is what we would call pre-brief advice on sufficiency, of evidence that we have so far, and that’s what we’re doing.”

Mr Colvin and Ms Close continually refused to say whether or not they had interviewed Senator Cash or any other ministers, citing public interest immunity.

“It’s not in the public interest for the AFP to answer the question on the grounds that it may prejudice the ongoing investigation of a possible breach of law,” Ms Close said.

Ms Close confirmed “dozens” of people had been interviewed in the course of the investigation.

“It would be over a dozen. Dozens,” she said.

She confirmed warrants had been executed as part of the investigation.

Ms Close said the AFP would provide a full brief of evidence to the DPP “as soon as our investigation is complete.”

She said the completion of the investigation was dependent on information coming the AFP was waiting for witnesses to provide, and confirmed the AFP did not have the power to compel witnesses to give evidence.

“There’s other material also that we’re seeking, Senator, that I can’t speak about this morning,” Ms Close said.

Mr Colvin said the AFP regarded the investigation as “important”, and Ms Close said it had been assigned to “head office investigations”, an area of the AFP which undertakes sensitive, complex investigations.

“They have a significant workload at the moment but they know that this is a priority area for them,” she said.

Ms Close said she was not aware of any communication between the AFP and the government “other than through the normal course of the investigation”.

Labor Senator Murray Watt seized on her comment as confirmation that the AFP had interviewed government ministers, but Ms Close and Mr Colvin refused to say whether or not members of the government had been interviewed, citing public interest immunity.

“Senator, to be clear, there has been no briefing to the government about what we’re doing with the investigation,” Mr Colvin said.

“There has been no questions from the government about the status of the investigation other than contact that we would ordinarily and normally have as a part of the investigation.”