RE Anne Aly's referring queries about PAVE, her work, to Malaysia -Has data obtained by the WA CCC's covert ops unit been compromised?
by Ganesh Sahatevan
Readers will recall that the Hon John McKechnie QC,the current Commissioner, WA Corruption and Crime Commission, has dismissed as not "new or worthy of consideration" the matter of Ann Aly's work for a Dubai based security company that provides, among other things, covert operations, and her referring queries about her work and PaVE to parties in Malaysia.
As readers will recall McKechine's statement was in response to queries from this writer about the security implications that arise from the connections between PAVE and one David (Dave) Allen, currently Assistant Director Intelligence,WA CCC.
Given his position Allen would have access to data that would be useful to any foreign intelligence agency, regardless of whether that data can be used as evidence in court. That would include the material obtained illegally by the WA CCC.As reported early last year, the WA CCC's covert operations unit, or Operations Support Unit [OSU] operated as it pleased,collecting whatever information it wanted to, regardless of legal obstacles.
It is obvious that anyone with access to the OSU data,as well as other WA CCC data would be considered a highly valuable asset, with whom a connection , overt or covert, should be established as a matter of course. Aly provides avenues for both.
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Watchdog finds systemic misconduct inside WA's Corruption and Crime Commission covert operations unit
Posted
A damning picture of systemic misconduct inside the specialist covert operations unit of Western Australia's Corruption and Crime Commission has emerged from an investigation by the commission's Parliamentary Inspector.
The report, by Michael Murray QC, catalogues 23 allegations of misconduct ranging from theft to improper interference with a police investigation.
The allegations about the commission's Operations Support Unit [OSU] emerged in July 2013 and have been the subject of a two-year investigation, which is continuing.
Mr Murray's report was tabled in Parliament by the Joint Standing Committee on the CCC, which oversees the corruption watchdog.
"The number and nature of allegations made against OSU officers in this matter, and the systemic nature of the conduct investigated, revealed a disturbing culture of entitlement and unaccountability in the OSU contrary to the standards and values expected of public officers," the report said.
The Parliamentary Inspector described the unit as operating "secretively" from separate premises to the commission's main office on St Georges Terrace in Perth.
Its officers had special powers and resources to provide surveillance and technical support for investigations being conducted by the CCC.
The allegations focused on the conduct of OSU officers during the previous few years.
"The nature of the allegations was dishonesty, improper practices, and abuse of statutory powers," Mr Murray said in his report.
"The conduct investigated indicated systemic cultural, behavioural and managerial failures within the OSU, and failures by senior commission officers, who, at various times, had executive managerial responsibility for that unit."
The allegations against the officers included theft, false record keeping, unauthorised use of commission equipment, misuse of an assumed identity, failure of an officer to disclose he had been arrested and convicted for possessing a prohibited drug, improper purchase of two motor vehicles, and unlawful obtaining of a driver's licence under an assumed identity.
There were also multiple allegations of favouritism in recruitment processes, and multiple allegations "of bullying, sexism, harassment and racial discrimination by OSU officers against colleagues."
The CCC also had to pay almost $270,000 to the Australian Tax Office for understating the personal use of commission vehicles issued to OSU officers.
Eight officers from the commission were either dismissed or left the organisation while the allegations were being investigated.
"During the police investigations, three commission officers were dismissed by the commission, four officers resigned and one senior officer did not have his contract of employment renewed," Mr Murray said.
"At the time of my report, the police have charged two commission officers with criminal offences relating to corruptly falsifying commission records, and giving false evidence to a commission examination conducted as part of its investigation of some allegations."
Police involvement created tension
WA Police became involved after the matter was referred to them by the Parliamentary Inspector, who was concerned that the allegations should be investigated independently of the CCC.
"In my view it was absolutely critical that there be no suggestion the CCC was being left to investigate its own and to deal with the matter in-house," Mr Murray told the closed hearing of the Joint Standing Committee.
"It needed to be dealt with in a transparent, open fashion according to law in the ordinary way that applies to the allegation of criminal offences committed by any citizen."
One of the key functions of the CCC is to oversee police, so the referral created tension between police investigators and commission officers.
The hearing heard evidence from WA Police Assistant Commissioner Gary Budge that police had been frustrated in their efforts to get information from the commission.
"There has been significant obstruction, I must say. There has been a reluctance to cooperate with us," he told the committee.
After requesting information, Assistant Commissioner Budge said police found some material had not been provided.
Commission officers then told police to itemise exactly what they wanted.
"We have been restricted in the way we can go about our investigation because of their reluctance to cooperate with us in regard to what is described as serious misconduct, corruption or criminal behaviour," Assistant Commissioner Budge told the committee.
In his report, the Parliamentary Inspector noted that by October 2014 police investigators and commission officers were at an impassse.
He said it "delayed the police investigation into suspected criminality on the part of some OSU officers".
At one stage, there was even a complaint by the CCC about the conduct of one of the WA police officers conducting the investigation.
"An obvious possibility of a conflict of interest arose in these circumstances because the police officer who was investigating the commission officers would himself be investigated by commission officers," Mr Murray said.
The Parliamentary Inspector said his investigation had been complicated by limitations imposed by the CCC Act.
He has made three recommendations to amend the act to provide explicit powers to the inspector to handle any future similar case.
The amendments would allow the inspector to refer information about an alleged criminal offence by a commission officer to an external agency for investigation.
They would enable the Parliamentary Inspector to oversee the investigation of any complaint by the commission against an officer of the external investigating agency.
The amendments would also require the CCC to advise the inspector of any misconduct investigation considered or initiated against an officer of an investigating agency.
The Joint Standing Committee on the CCC has recommended that the Attorney-General report to the Parliament on what action the Government will take on the inspector's recommendations.
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