Ombudsman refuses OPI probe

THE Victorian Ombudsman's office has decided against initiating any investigations into Victoria Police

THE Victorian Ombudsman's office has decided against initiating any investigations into Victoria Police and the conduct of the Office of Police Integrity, despite the OPI having been described as illegal, corrupt and "reprehensible" by one of the state's leading defence lawyers.

THE Victorian Ombudsman's office has decided against initiating any investigations into Victoria Police and the conduct of the Office of Police Integrity, despite the OPI having been described as illegal, corrupt and "reprehensible" by one of the state's leading defence lawyers.

Deputy Ombudsman John Taylor has advised former police assistant commissioner Noel Ashby and the former secretary of the Police Association, Paul Mullett, their written complaints and dossier of supporting documents will not be investigated.

Mr Ashby, Mr Mullett, their lawyers and the Police Association's assistant secretary, Bruce McKenzie, have called for a royal commission in Victoria, with the OPI's conduct to be investigated as a priority.

Mr Ashby and Mr Mullett, who were unsuccessfully prosecuted over evidence they gave to the OPI in 2007, accuse the OPI of misusing its powers and setting out to use the criminal justice system to destroy them.

The OPI rejects the claims.

Correspondence provided to The Australian shows Mr Taylor responded to written complaints from Mr Ashby and Mr Mullett by ruling out any investigation.

Ombudsman George Brouwer is the former director of the OPI who initiated an "own motion" investigation into Mr Ashby in May 2007, which became known as Operation Diana.

In their initial complaint after the OPI case against them collapsed three months ago, Mr Mullett and Mr Ashby told Mr Brouwer: "At the time of Operation Diana, you were the Victorian Ombudsman and also, somewhat confusingly, the Director of Police Integrity with the OPI. These appointments raise some difficulties in you having any tangible involvement in the determination of these complaints, as ultimately they will inevitably embroil decisions you took as director in respect to Operation Diana."

Mr Taylor, as Deputy Ombudsman, replied with a request for documentary material. After providing that material, Mr Mullett and Mr Ashby learned that Mr Taylor had decided against an investigation of the issue.

Mr Taylor wrote that he was "of the opinion that your complaint was not made in good faith".

He concluded: "In light of your reluctance to voluntarily provide information; the media attention you would appear to have sought; and your behaviour in not attending (a meeting), I have concluded that you simply wanted to use your complaint as a vehicle for an ulterior purpose. Your file has now been closed."

Mr Mullett said yesterday: "We were never confident that the complaints would be taken seriously because of the obvious conflict of interest that arises between the Ombudsman's office and the OPI that we were complaining about. This decision has now confirmed it.

"Victoria is a secret state. We can have no confidence in the (anti-corruption) system when there is nobody in the system that can take this on."