Ex-ASIO auditor peers into personal conflict

The former ASIO watchdog is probing a personal relationship concerning the NSW Police bugging inquiry.

 

The former ASIO watchdog has been called in to probe the personal relationship between the Deputy Ombudsman overseeing the NSW Police bugging scandal inquiry and the former police integrity commissioner who is implicated in her investigation.

The Australian has learned that concerns over the official inquiry into the bugging scandal were behind deputy police commissioner Nick Kaldas’ decision to resign on Friday — specifically that Operation Prospect was focusing on whistleblowers rather than improper bugging.

Sources close to Mr Kaldas, who will take up a job at the United Nations, told The Australian he was disappointed with Premier Mike Baird Government’s “laissez-faire approach” to Operation Prospect.

Vivienne Thom, who monitored ASIO operations as the inspector general of intelligence and security, has conducted an inquiry in recent weeks into an alleged relationship between sacked police integrity commissioner John Pritchard, whose organisation bugged over 100 police officers, and the woman who is overseeing the inquiry, Deputy Ombudsman Linda Waugh.

Mr Kaldas has lodged a series of complaints about Mr Pritchard and his behaviour at the Police Integrity Commission with the Ombudsman, as part of Operation Prospect.

Ombudsman John McMillan was warned of a potential conflict if Ms Waugh was investigating Mr Pritchard, given their history, by senior police figures including Mr Kaldas.

The complaints prompted the reopening of an inquiry into Ms Waugh and Mr Pritchard’s affair deemed to have been closed in 2014 by Mr McMillan’s predecessor, Bruce Barbour, when he admitted the pair had a “limited personal relationship” which he did not believe amounted to a conflict of interest.

“I am aware of both a professional relationship Ms Waugh had with Mr Pritchard while both worked at the Independent Commission Against Corruption and of a limited personal relationship, which is not and has not for some time, been an active one,” Mr Barbour wrote in confidential correspondence, dated April 22, 2014.

“I am confident that there is not, nor has there ever been, a conflict of interest relevant to Operation Prospect.”

Former assistant police commissioner Clive Small said he believed concerns over Operation Prospect were among the reasons for Mr Kaldas’ decision to resign.

“I’m also aware that Mr Kaldas has for some time had serious concerns for the way in which Operation Prospect has been conducted and, in particular, the fact it’s been conducted as a secret inquiry,” he said.

“I’m also aware that concern is not limited to himself but there is a general concern by a number of people involved in Prospect at the way in which a number of people have been treated by the inquiry.”

The Australian has also revealed that Ms Waugh formerly worked at ICAC with Malcolm Brammer, who was the commander at the special crime and internal affairs unit at the time it improperly bugged dozens of police officers and two civilians, in a joint operation with the PIC.

Greens MP David Shoebridge, who was the deputy chair of the parliamentary inquiry into Operation Prospect, said it was essential the new Ombudsman examine the question of impartiality following The Australian’s revelation Ms Waugh worked with former assistant commissioner Malcolm Brammer at ICAC, in addition to her personal relationship with Mr Pritchard while at ICAC.

“There can be no question that a person’s professional history, who they worked with and what they worked on, is relevant in deciding if they can turn a truly impartial mind to an inquiry,” he said.

“This is especially important when an inquiry has all the powers of a royal commission, including to destroy reputations and careers.”

Those who were under surveillance by NSW Police special crime and internal affairs unit and the PIC said Ms Waugh should step down.

“The one thing that worries me is that she and he don’t think it’s a problem. That to me says it all. If I was him and I had an acrimonious split up then I’d be nervous, or if she’s still in love with him then it goes the other way. The reality is that this shouldn’t be done. It’s as simple as that,” one person said.

Another victim of the improper bugging said if Waugh and Pritchard were on “happy terms” it would not be possible for her to report on him I a way that was not conflicted.

“It clearly is a conflict and that’s what everyone’s jumping up and down about,” he said.

Mr McMillan said he was satisfied Ms Waugh’s prior working and social relationship with Mr Pritchard did not create a conflict of interest in relation to her work in Operation Prospect.

He said Dr Thom, who declined to comment when contacted by The Australian yesterday, spoke to a former ICAC staff member as part of her inquiry which commenced in January this year.

“After receiving Dr Thom’s report, I was satisfied that I had not been misled by Ms Waugh as to the previous nature of her relationship with Mr Pritchard, and that the allegation about the relationship did not require further examination,” he said.

Mr Kaldas — who was subject to 80 listening device warrants leading a NSW Parliamentary inquiry to call on the state government to make a “specific apology” to him — also declined to comment.