EXCLUSIVE
INVESTIGATION
The NSW Police Minister — who condemned protestors over the anti-Herzog rally — has twice been formally warned to close a loophole protecting police who commit offences, but has taken no action.
It can be revealed police integrity watchdog the Law Enforcement Conduct Commission (LECC) formally warned Yasmin Catley of its serious concerns over a year ago.
Not only has no action been taken – Catley hasn’t even responded.
Under the loophole, officers who commit certain offences — including failing to report other officers who commit assault or destroy evidence — avoid prosecution once six months has passed.
On June 17 last year the LECC issued Catley with a formal recommendation that the statute of limitations be lifted to “at least 12 months”.
The LECC was so concerned about the failure to act, that it against made the formal recommendation, in November last year.
Again, Catley — and the NSW Government — did not respond.
Catley did not respond when asked if she supported the LECC recommendation — or why she had failed to respond in over a year — but a spokesman said the NSW Government “takes this matter seriously”.
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The Klaxon’s June June 16 expose. Source: The Klaxon
“Statute-barred”
The LECC’s recommendation is straight-forward.
There is a six-month statute of limitations for taking action against officers who commit “neglect of duty” offences, which include failing to report offences committed by fellow officers.
Yet the time it takes for officers to face action for such offences — if they face action at all — is almost always longer than six months.
It means even officers committing offences at the highest end of the laws — section 201 of the NSW Police Act — are not being prosecuted.
The LECC wants that statute of limitations “to be extended to at least 12 months”.
“Police guilty of serious offences are avoiding prosecution”
It was the key recommendation of both the LECC’s Operation Eacham investigation, in June last year; and its Operation Bendoc investigation completed last November.
Operation Bendoc, an 18-month investigation, was into “excessive use of force”, the “destruction of evidence” — and the failure of other officers to report.
“Catley hasn’t responded to the LECC in over a year”
The investigations found four officers had engaged in “serious misconduct” over neglect of duty offences, including failing to report an officer for assaulting a teenager and destroying bodycam evidence.
Yet none could face action under the law because more than six months had passed.
In both Operation Eacham and Operation Bendoc, the recommendation to extend the stature of limitations is made explicitly to the NSW Police Minister.
In response to a series of written questions put to Catley, a spokesman said the NSW Government “takes this matter seriously” and “respects the important role of the LECC”.
No explanation was provided as to why the simple change to the statute of limitations had not been implemented, or why Catley and the NSW Government had failed to respond to the integrity watchdog in over a year.
“The Minister is giving the recommendation careful consideration and the Government will respond in due course,” the response states.
What constituted “due course” was not stated.
NSW Premier Chris Minns repeatedly refused to respond to requests for comment, including whether the NSW Government supports the LECC’s recommendation.
“The Government takes this matter seriously and respects the important oversight role of the LECC” – Minister Catley spokesman
NSW Police have also not responded to the LECC’s November 17 Operation Bendoc recommendations (shown below right).
No response: The LECC’s five Operation Bendoc recommendations made in November last year. Source: LECC
Along with reiterating its call to extend the statute of limitations, the LECC recommended its Operation Bendoc findings be used in “refresher courses” to “reinforce” for “all police officers” the “importance of reporting misconduct”.
It also recommended the LECC be given “direct and automatic access” to police bodycam footage.
NSW Police Commissioner Mal Lanyon did not respond directly to a series of questions from The Klaxon.
A statement from a spokeswoman said NSW Police was “aware of” the recommendation to extend the stature of limitations under section 201, but it involved legislative changes and so was a matter for the NSW Government.
More from The Klaxon:
June 16: Drawn-out anti-Herzog probe means laws unenforceable
May 8: NSW Police and LECC close ranks over anti-Herzog rally “secrecy notices”
May 7: “Police information” loophole at heart of anti-Herzog rally probe
May 2: No police charged over anti-Herzog brutality
Apr 16: Minns’ anti-protest laws struck down
Feb 15: “I was among the protestors attacked by police” – Journalist
Footage of police punching and attacking attendees of the anti-Herzog rally intensified widespread concerns of police brutality, including an apparent lack of consequences.
At least 30 attendees of the February 9 rally, against the visit by Israel Deputy President Issac Herzog have been charged, with almost all having fronted court.
No police officer has been charged.
Herzog is accused by a UN committee of inciting war crimes.
On February 13 the LECC announced an “independent investigation” into the alleged police brutality — Operation Makalu — but it is not expected to report for many months.
Despite there being no investigations completed or findings delivered, Police Minister Catley; Premier Minns; NSW Police Commissioner Mal Lanyon; and NSW Assistant Commissioner Peter McKenna have all made public statements defending the actions of police.
Catley has publicly accused anti-Herzog rally organisers of being “untruthful”.
“Catley has publicly accused anti-Herzog rally organisers of being untruthful”
The anti-protest laws used by police to stymie the February 9 protest, and charge protestors, were pushed through by the Minns Government in late December.
The state’s highest court has since unanimously ruled they were illegal, and violated Australia’s constitutional rights.
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Anthony Klan
Editor, The Klaxon
