OPI investigation into a 2004 Victoria Police rape investigation:

Transcription

1 OPI investigation into a 2004 Victoria Police rape investigation: Correcting the public record May 2012

2 Purpose The purpose of this document is to clarify for the public record the results of an Office of Police Integrity (OPI) investigation into aspects of a 2004 Victoria Police rape investigation that involved two high profile footballers. In 2004 the rape investigation was the subject of intense media interest. That interest was renewed in June 2010 and more recently in May This document is intended to correct the record in relation to actions taken by OPI and to stop speculation about any wrongdoing that might be attributed to named individuals. Although OPI found that unknown police improperly leaked information to the media and that there were deficiencies in the management of the investigation, OPI found no evidence of improper influence. This document has been published with the knowledge of the complainant in the rape case. Background In June 2010, a then recently resigned Victoria Police detective spoke on a television news program about a rape investigation involving two footballers that occurred in The former detective alleged: certain members of police had actively hampered the investigation there was sufficient evidence to lay criminal charges against the footballers the detective s supervisor exerted inappropriate influence to deter the laying of charges. A subsequent television news interview with a second former Victoria Police detective supported the claim that inappropriate influence had compromised the investigation. Shortly after the public airing of these allegations and at the request of the then Chief Commissioner of Police, Simon Overland, OPI commenced an investigation into the matter. The OPI investigation was limited to the conduct of members of Victoria Police or others having influence over the conduct of the original rape investigation. It was beyond the scope of the OPI investigation to assess the weight of the evidence against the footballers. The OPI investigation established that the police investigation had not been deliberately hampered or inappropriately influenced. 2

3 Although there was no miscarriage of justice, OPI s investigation found there was: unauthorised disclosure of confidential police information to members of the media and other police, not involved in the investigation, and inadequate management of perceptions of bias and influence. These failures impaired the rights of individuals and had the potential to undermine public confidence in police. OPI investigators also found that an assessment of the briefing and materials provided to the Office of Public Prosecutions and the (then) Director of Public Prosecutions was sufficient for that agency to make an appropriate determination as to the strength of the case, but that there was: failure to ensure all relevant information had been included on the brief before it was archived. This included statements pertinent to proving a chain of evidence. As there is no statute of limitations on rape cases and Victoria Police policy requires relevant documentation to be kept for fifty years, OPI recommended that: Victoria Police review the brief of evidence before archiving to ensure all relevant evidence and exhibits were accounted for. Unauthorised disclosure of confidential police information The accuracy and timeliness of media reporting during the rape investigation indicates confidential police information was given to the media without authorisation. There is evidence to suggest police gave real time information to the media about the case on at least one occasion. On this occasion the complainant was at a police station giving her formal statement to police. When she went outside to take a break she was met by a media pack. Footage of her appeared on that evening s television news in an item about the case. Numerous media reports prefaced information with phrases such as police sources have said and sources close to the investigation said indicating that one or more members of Victoria Police were talking to the media. One particular journalist appeared to be the first to receive much of the unauthorised disclosure of police information relating to the rape investigation. The journalist publicly described steps taken in the investigation as they occurred, using phrases such as, I can reveal to you that police have decided to lay charges, and I do believe those charges could be laid as early as this week. As it turned out, charges were not laid against either of the two footballers. The particular journalist also broke the news that charges were not going to be laid hours before it was officially released by Victoria Police. 3

4 Referral of leak to the Ethical Standards Department In 2004 then Assistant Commissioner Trevor Thompson was responsible for the region where the rape investigation took place. In July 2010 there was speculation that he had been told about some of the former detectives concerns. OPI s investigation exonerated former Assistant Commissioner Thompson of any wrongdoing. It established that when he realised the decision not to charge the footballers had become public before the information was formally released to the media, he referred the matter to the Ethical Standards Department for investigation. The Ethical Standards Department investigation found the allegation of unauthorised release of information was unable to be substantiated. However, OPI s 2010 investigation identified defects in the Ethical Standards Department investigation and the subsequent 2005 OPI review of that investigation. In fact, the decision not to charge the footballers was known by only a handful of people from Victoria Police and the Office of Public Prosecutions, yet members of the media had information about the decision shortly after it was made, well before the complainant had been told. While investigations were unable to identify the person making the unauthorised disclosures, there is no doubt that such disclosures occurred. Allegation of improper influence Although OPI investigators found no evidence to substantiate the allegation that police investigating the rape were subject to improper influence, they did establish a failure to address conflict of interest issues. A well-known supporter of the football club that employed the footballers had some involvement in the case. Although there is no evidence to suggest he interfered with the investigation, he failed to formally declare or otherwise manage the perceived conflict of interest. That omission eroded the trust of his colleagues and the complainant s confidence in the integrity of the investigation. Issues raised in the media in early May 2012 When media interest in this story was renewed in early May 2012 some stories made reference to the link between media leaking and Senior Sergeant Hans Harms. Senior Sergeant Harms is a Victoria Police traffic officer. At the time of the 2004 Victoria Police investigation he had approval to also work as a trainer at the football club which employed the footballers. OPI s investigation exonerated Senior Sergeant Harms of any wrongdoing. It established that at no time did Senior Sergeant Harms have access to information relating to the complaint of rape against the footballers, nor did he in any way interfere in the investigation. 4

5 Other OPI recommendations A number of the deficiencies in managing the case related to former members of Victoria Police. No recommendations were made in relation to these individuals. Minor matters relating to individuals still employed by Victoria Police were referred for the attention of Victoria Police. OPI also recommended Victoria Police undertake systems reviews associated with improving information security. Facts relevant to the conduct of the OPI investigation The OPI investigation began on 29 June 2010 with the signing of a Directors Own Motion. The OPI investigation concluded on 7 December 2011 and was disseminated in accordance with legislation to Victoria Police on 24 December The complainant of the 2004 matter was personally briefed at OPI prior to dissemination of the OPI report to Victoria Police. OPI facilitated support for her at that meeting. OPI attempted to advise all Victoria Police members involved (past and present) that the matter had concluded. OPI was in further contact with the complainant in the 2004 matter following the renewal of interest in this story by the media in early May This document has been published with her knowledge. 5