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The
2007 OPI Inquiry and the murder of Shane Chartres Abbott (Flushing dye through
the pipes)
William Chartres-Abbott, the father of Shane
(left), was a hard-drinking but youthful-looking man who, in the 1960s and early
1970s, operated an introduction agency next to a pool hall in Roma Street,
Brisbane.
In July 2003, Age reporter Padraic Murphy
wrote that of his 10 children from three women, at least three were dead, from
either drug abuse, disease or murder. Two were in jail, two living on the streets, and
another working at a Melbourne brothel. Two of his children, half-siblings to Shane, have
told The Age tales of sexual and physical abuse.
Police sources confirmed to the Age that the
eldest daughter, then 44 and living in Melbourne's outer west, complained to
police in 1997 about abuse she endured as a child.
The complaint was referred to Queensland Police,
but no charges had been laid.
A brother, Ashley Chartres-Abbott, 40, was in
failing health and lives in an abandoned car in bush near Bendigo.
He claimed in early July 2003 that his father's
introduction agency was little more than a thinly veiled brothel, and that he
and his siblings were regularly abused by both male and female customers.
In 1974, William Chartres-Abbott left his
second wife for Nancy Bowen.
She was a client of the agency, and they moved to
Nimbin in northern NSW.
Shane Chartres-Abbott was born in Brisbane in
1975, the second youngest of his father's children.
His parents split when Shane was seven and, with
his younger sister Jo-Anne, he spent the next decade or so drifting back and
forth between his mother's Gold Coast home and his father's various homes around
northern NSW.
After marrying in the mid-1990s, Shane
Chartres-Abbott moved to Melbourne with his wife and their son.
Police in northern NSW had warned them over
prostitution offences, and they spent the first few months living with Shane's
half-sister in Melbourne's outer west.
His wife began working at the Top of the Town
brothel off King Street and then at another brothel in
Coburg.
In 2000, Shane Chartres-Abbott was arrested
after fraudulently collecting money on behalf of the Salvation Army, and later
that year broke up with his wife.
"(But) he saw how much money his wife was
making and thought 'I can do that'," said Ashley Chartres-Abbott, who
worked as Shane's driver for a while.
After splitting from his wife, he moved to Reservoir with his new girlfriend Kathleen Price, who later told the
County Court that she was a trainee nurse.
In mid-2000, after a few false starts as a
street walker trying to earn "pocket money", he began working mainly
for the Male to Male escort agency based in Balwyn.
To his neighbours Shane Chartres-Abbott was a
clean-cut young man who kept unusual hours,
but known as "Simon", he charged up to $300 an hour or $2000 for a
night. About a third of this fee went to the agency.
He soon gained a reputation in the business, but
his seedy life now seemed almost predestined by his fractured past.
His life was disconnected from what most people
would regard as normality. Now it might taint other lives previously thought
safe, secure and ordinary.
A court would later hear that Chartres-Abbott
claimed to be a vampire, older than the city of Melbourne, who drank blood to
survive.
Chartres-Abbott was said to specialise in rough
sex, and carried a black work bag containing a variety of sex toys, including a
whip and restraints.
The Age learnt he worked for about two
years with Cloud Nine Escorts in Balwyn, a company that employs about 30 male
and female prostitutes.
Colleagues said Chartres-Abbott was a valued
staff member who serviced about 12 clients a week.
"He was just a person who loved new
experiences. He loved his work. This shouldn't happen to anybody," said one
colleague.
Stephen Linnell was described by Age crime
writer John Silvester as always being more interested in political intrigue than cops
and robbers and his decision to abandon daily journalism in 2003 for the highly paid police
media director's job came as a surprise.
He was a cloak-and-dagger rather than a blood-and-guts man.
He had been a successful football writer with The Age,
cultivating highly placed sources within the AFL and those relationships
were mutually beneficial.
Linnell had plenty of scoops and his sources' points
of view were always well represented.
He was eventually appointed news editor.
He was popular, hard working,
irreverent and always up to date with the latest office politics.
Certainly during the selection process for the
police job, one senior officer was warned that
Linnell was a "wild card" who lacked the experience for the job and
could be manipulated.
Before he left The Age he was warned to be wary of cut-throat police
politics because it could be career-ending and to try to temper his
locker-room language because it could be used against him. He chose to ignore
the advice.
Former media director Bruce Tobin offered to provide a background briefing
on the job and the key players in the force.
Linnell declined, preferring to
wander into the minefield without a map.
In June 2003, Chatres Abbott stood trial
County Court over the brutal rape and bashing of one of his clients, a
30-year-old Thai woman, in a St Kilda Motel.
It was alleged he caused severe injuries to the
victim, raping her vaginally and anally, and biting off a five-centimetre-long
piece of her tongue.
Chartres-Abbott denied the rape allegations,
claiming he was the victim and that the woman had been setting him up to die on
camera in a so-called "snuff movie".
As the case progressed, Chartres-Abbott became
concerned for his safety.
His lawyer, Alan Hands, said his client feared
for his life and asked that Chartres-Abbott's identity be suppressed - an
application that was rejected the previous week.
Five days later, Judge Bill White ordered
Chartres-Abbott's address to be deleted from material handed to the jury.
Shane
Chartres-Abbott, 29, was shot dead outside his
Howard Street, Reservoir
home on June 4, 2003.
The slender, almost baby-faced 28-year-old in a
conservative suit, had just walked out of his home with his girlfriend, who was
six-months pregnant, and her father on his way to court.
Police say Chartres-Abbott was ambushed by two
men as he left home with his girlfriend and her father.
In what is described as a professional hit, the
men assaulted the older man and then shot Chartres-Abbott once in the neck. They
fled on foot, running down a lane beside Chartres-Abbott's house and then north
through a car park on Bedford Street.
Despite a large police search involving dozens of
officers, the dog squad and a police helicopter, no trace of the two gunmen was
found.
"Obviously they were laying in wait for him
and the shooting has resulted," said Detective Senior Sergeant Clive Rust
of the homicide squad. "It does surprise me. Obviously it appears to be a
planned attack and, yes, quite vicious."
The men are described as thin to medium build.
One was wearing a beanie and a scarf and the other man had a jumper pulled over
his face.
The murder made
sensational headlines.
It
is the first time in recent memory
that a defendant has been killed
during a trial which grew more
sensational as it progressed.
For
homicide investigators, that
professional style hit was the start
of a strange and disturbing journey -
from unassuming suburbia to a violent
underworld of anonymous sex and sado-masochism.

The murder
scene
"It appears somebody did find out his
address and there appears to have been fairly dramatic consequences as a
result," Judge White said as he told the shocked jury of the death.
The eight men and four women had sat for four
days.
They were silent as Judge White offered them
counselling.
Before discharging them, he said: "It has
been a difficult trial for all parties, including for myself."
Some believe his
killing was ordered by crime figures
to avenge the rape of one of his
clients.
But others have formed the view that Chartres-Abbott,
who got to know the sexual peccadilloes of hundreds of people - men and women -
across Melbourne, secrets that threatened to become public
Those secrets may have cost him his life.
Homicide inquiries into Chartres Abbott's
sordid lifestyle threatened to expose the secrets of his many clients and
associates, wrote Padraic Murphy in his story in the Age.
Although police had interviewed dozens of people
involved in his rape trial, detectives were struggling to develop significant
leads.
Hampered by the reluctance of those in the sex
industry to co-operate, Murphy believed they were forced to turn their attention
to Chartres-Abbott's clients - many of whom were married men.
Detective Senior Sergeant Clive Rust of the
homicide squad said police might be forced to widen their inquiries.
"Certainly there are a lot of people who may
have known (Chartres-Abbott) who might be reluctant to come forward . . . we
know there are a lot of reasons why people may not want it to be known that they
knew the victim."
Any information would be treated with strict
confidence and sensitivity, Senior Sergeant Rust said.
"At the moment we are just doing a lot of
leg work."
Meanwhile, Stephen Linnell had forged a strong relationship with Chief Commissioner Christine
Nixon and under a police restructuring became responsible for a staff of 101.
He became Media and Corporate Communications Director and controlled not
only dealings with the media but publications such as Police Life and
the police website.
Behind the scenes, Linnell wanted to be a kingmaker. He
became increasingly distant from the working media and appeared to have
embraced a role as a political numbers man.
Linnell also started to champion his "best friend and mentor",
Assistant Commissioner Noel Ashby, as a future chief commissioner.
Linnell and Ashby gossiped regularly, plotted privately, talked footy and
bagged colleagues, sometimes light-heartedly and at other times viciously.
Ashby, consumed with ambition, saw his colleague Simon Overland as his main
rival and believed Nixon was giving the former federal policeman the inside
running for the top job.
When Nixon appointed Overland and Kieran Walshe to become the two deputy
commissioners he felt snubbed and rejected. This further fed his burning
jealousy and he rarely resisted a chance to privately decry Overland as naive
and inflexible.
Overland had become the public face of the Purana gangland taskforce and,
while he didn't court publicity, his media profile grew with each murder and,
later, with each arrest.
Overland worked out of the St Kilda Road crime complex, while the media
director's office was in the Victoria Police Centre in Flinders Street, well
away from the real action. Linnell felt snubbed and complained that he was
being kept out of the loop.
Ironically, when he was brought into the inner sanctum and given explosive
confidential information, it would destroy his career.
On
September 14, 2007, Age reporter Nick
McKenzie wrote that a senior Victorian detective was under
investigation over his alleged ties to
a contract killing carried out by a
notorious underworld hitman at the
height of the gangland
war.
The
hitman told a secret police
taskforce that Detective Sergeant
Peter "Stash" Lalor (right) gave him the address of
his target (Chartres-Abbott), an investigation by The
Age found.
The
hitman has also alleged that Detective
Sergeant Lalor, in an attempt to
confuse homicide officers, arrested
him for unrelated crimes on the
afternoon of the murder.
The
Age confirmed that Detective
Sergeant Lalor arrested the hitman for
driving offences at Prahran police
station eight hours after the killing.
The
taskforce, codenamed Briar, was also
investigating colourful former St
Kilda detective Dave
"Docket" Waters (left), who the hitman claims was
aware of the murder plan. The hitman
claims that he, Waters and Lalor met
at a Carlton hotel a few weeks before
Chartres-Abbott was killed.
Waters was
a drinking partner of the hitman, now
in jail for unrelated gangland
killings.
The
allegations were set to reopen the debate
about links between police and
organised crime, and whether the state
now has the right system in place to
investigate corruption.
In a
major concession, Victoria Police for the first time
acknowledged the existence of alleged
links between corruption and
underworld murders.
"I
am happy to concede there is now
evidence allegedly linking police
corruption and organised crime
killings. But we have found it and we
are following it," Deputy
Commissioner Simon Overland told The
Age.
At the
height of the Melbourne gangland
killings between 2003 and 2005, police
and the State Government publicly
dismissed such links and resisted
calls for a royal commission to
investigate them.
Mr
Overland told The Age that
Victoria Police and the Office of
Police Integrity were on top of
corruption, and defended force
command's previous denial of links
between the underworld and police. He
said to confirm such links would have
been irresponsible. "We have to
work on hard evidence," he said.
The
secret taskforce investigating
Detective Sergeant Lalor and Mr Waters
is one of two taskforces now probing
connections between serving and former
police and underworld killings.
The
other, Taskforce Petra, is
investigating the murder of police
informer Terence Hodson and his wife
in Kew in 2004.
Hodson
was killed after agreeing to give
evidence against police accused of
drug trafficking. Taskforce Petra's
suspects, who include a former
detective, are unrelated to the Briar
investigation.
Detective
Sergeant Lalor is a prominent police
union delegate who has campaigned
against the state's powerful police
watchdog, the Office of Police
Integrity (OPI), which was created by
the Government in late 2004. Taskforce
Briar is a joint police-OPI operation.
Detective
Sergeant Lalor has publicly railed
against corruption reform. Late in
2006, he urged all union delegates to
support the Police Association's call
to shut down the Office of Police
Integrity, labelling it "the
office of public idiocy".
Detective
Sergeant Lalor and Waters
were both stationed at the St Kilda
police station in the 1990s.
Detective
Sergeant Lalor was suspended from the
police force the week that the story
went to print. He could not
be contacted by the Age.
In a
brief statement, OPI assistant
director Graham Ashton said the two
taskforces into corruption were
"precisely why the OPI was set
up".
On Sunday, September 30,
Assistant Commissioner Ashby met Police Association boss Det Sgt Paul Mullett in a shopping centre and handed
him an application to rejoin the association five years after he had
quit — a clear sign he was looking to the powerful union to assist him with upcoming legal liabilities.
It would appear that Ashby had begun to lower the lifeboat, but there would
only be room for one on board.
On
November 7, 2007, it was reported that
Chief Commissioner Nixon
had asked
two of her most senior staff to take
leave while they were being
investigated by the Office of Police
Integrity.
She stood down
Ashby (left) and Steve Linnell.
Both
men had been summonsed to appear
before an OPI public hearing which was
examining the leaking of confidential
information relating to the murder of
Chartres-Abbott.
Ms
Nixon said Mr Ashby and Mr
Linnell both still had her full
confidence.
"I
have, in consultation with both
individuals, asked them to just take
leave while they concentrate on these
hearings and others have been put in
their positions," she said.
The Office of Police Integrity hearing was
told unauthorised information
was passed on about the case through
police for private purposes.
Counsel
assisting the OPI, Dr Greg Lyon, SC,
said the purpose of the leaking was to
defeat the effectiveness of Operation
Briars, which he said was a murder
investigation that also examined
police links to the murder.
Dr Lyon
said the end result of the leaking was
that some critical operation
information passed into the hands of
the target of the murder
investigation.
"These
were not inadvertent acts," Dr
Lyon said.
"The
use of the term leaks is
inappropriate, for it suggests an
inadvertence, a slip or innocence
about what occurred.
"There
was no inadvertence here. Highly
confidential information was
deliberately sought and deliberately
given".
One of those summonsed to give evidence at
the inquiry, which was expected to last
several days, was Paul
Mullett.
Linnell's
day, which began on a bad note when
Murray Wilcox, QC, OPI delegate, ruled
against his bid to close proceedings
to the public, took a nastier turn in
the afternoon.
Unsmiling,
Linnell was walked through a series of
at first bland questions from OPI
counsel Dr Greg Lyon, SC.
Was he
aware of the Public Service Code of
Conduct's emphasis on preserving
privacy and confidentiality? Did he
appreciate what is meant by
"need-to-know basis"?
Linnell
responded that he took those
obligations very seriously, and also
that it was part of his job to advise
the Chief Commissioner on "what
to say, what not to say".
Then
Linnell was led into the subject of
Operation Briars, the secret taskforce
to investigate an informant's
assertion that police were involved in
Chartres-Abbott's murder.
Linnell
recounted the small knot of senior
police who knew of the probe and the
people within his unit who were also
privy to its details.
And
repeatedly he was asked if he stood by
previous assertions he had not shared
confidential information with anyone
who had no right to know.
"Absolutely,"
he responded, when Lyon read out his
earlier testimony: "I don't
leak!"
At
day's end, told he would be testifying
again the following morning, Linnell stood
silent in an emptying chamber where
you could almost hear his lawyer's
unanswered question still bouncing off
the walls.
"Is
Mr Linnell a target rather than a
witness?"
It
was reported that explosive
new evidence at the inquiry implicated senior
officers and embarrassed others
involved.
Phone taps
had uncovered serious
tensions at the highest levels of the
force, with Deputy Commissioner Simon
Overland described by Assistant
Commissioner Noel Ashby as
"that prick" and by Victoria
Police media man Stephen Linnell as "that
cunt Overland".
According
to secret tapes and written evidence
released during the afternoon, some of
Victoria's most senior police were
part of a chain of secrecy breaches
that led to the Chartres-Abbott murder suspect getting a
tip-off that he was a police target.
In
dramatic developments,
Ashby admitted reading confidential
information about the shooting.
And a
series of other highly-ranked police
were linked to a potentially
explosive chain of secrecy breaches.
Stephen Linnell, had come under fire for
showing Ashby the confidential
terms of reference of Operation
Briars.
On
November 8, 2007, Ashby testified that
Linnell
allowed him to read the Operation
Briars document on his computer
screen.
Rather
than his customary brass-bedecked
uniform, the lifer who joined the
force as a 16-year-old was wearing a
neat but nondescript blue business
suit.
A
consequence, perhaps, of having been
placed on leave at the
order of Chief Commissioner
Nixon.
And
then there were the lawyers, whose
bulk and briefcases squeezed him into
the lift's rear left corner, partially
shielding the man whose job it has
been since 2005 to keep a lid on
Victoria's road toll.
But
then you noticed the cornered man's
expression.
It was
just a little wide-eyed, surprisingly
anxious, for a veteran copper whose
career-building stints as a homicide
and car-smash investigator must have
exposed him to some fearful sights.
As
every fresh body piled into the tin
box, Ashby's gaze appeared to take
them in, the eyes darting from face to
feet like the beads on a private
abacus that was calculating what part
each fresh arrival might play in the
all-day ordeal that awaited him.
On
Wednesday it had been Ashby's friend,
Linnell, looking uncomfortable in the
witness box, but today
it was Ashby's turn, and the
recordings of their bugged phone
conversations were the chief
instruments of the assistant
commissioner's torment.
Potential
charges against Ashby include
conspiracy to pervert the course of
justice, perjury, unlawful release of
confidential information and breaches
of the Telecommunications
Interceptions Act.
All carry jail
terms.
Over
the months that the super-secret
taskforce investigated how a
professional hitman found the
Reservoir address of Chartres-Abbott, all leads suggested the trail
began inside the force.
The
case laid out by OPI counsel Dr Greg
Lyon, SC, traced those taskforce leaks
to Linnell, who allegedly told Ashby,
who was accused of passing the
information in turn to Paul
Mullett.
From
there, according to Lyon, it went to
the association's president, Brian Rix,
and finally to union delegate Peter
Lalor who also happened to be the
detective whom the hitman, now behind
bars, named as his informant.
In
prior, private sessions with OPI
investigators, Ashby denied any
knowledge of the probe.
He
stuck to the same line as a sometimes
sarcastic Lyon attacked his
credibility again and again, often
with a theatrical incredulity.
At
first, before the tapes of bugged
telephone conversations were played,
Ashby was almost combative, explaining
as if to a child that his job involved
handling pay negotiations with the
association - a thankless chore that
meant handling the
"paranoid" Mullett with kid
gloves.
As the
day wore on and the tapes were heard,
many punctuated by obscenities and
bitchy gossip about fellow senior
cops, the morning's self-assurance
started to wither.
A
visibly shocked Mr Ashby was
confronted repeatedly with bugged
conversations that contradicted
evidence he gave under oath at a
private hearing in October, and
earlier in the day.
Rather
than the earlier, pat response that he
knew nothing and had whispered less,
Ashby began to stammer and grope for
words as Lyon's methodical assault
gathered momentum.
Retired
Federal Court judge Murray Wilcox
leant forward and spoke calmly to the
witness.
"I'm doing this out of a
sense of fairness to you," he
said. "I have an impression of
this conversation … I think I ought
to tell you what it is."
It was
12.15pm, in the stifling heat of the
so-called "star chamber" of
the OPI, a
cramped windowless courtroom in a
Collins Street office block.
Ashby
was entering the third hour of intense
questioning by counsel for the OPI,
and the grilling was intense.
Flushed, he turned to
the bench.
The
presiding Mr Wilcox, a special
delegate under the OPI's powers of
investigation, was reflecting on a
taped conversation between Ashby and the head of the Victoria Police
media unit
One taped conversation between
Ashby and
Linnell,
in August Mr Linnell tells Mr Ashby:
"Ring me urgently."
Mr Linnell later tells Mr Ashby
to "just be careful" in
telephone conversations with the
Police Association secretary Paul
Mullett.
Ashby: "Why? Is he being
recorded?"
Linnell: "Um, I can't
say."
Ashby: "He might be?"
Linnell: "I can't say. Talk
to you later."
Ashby: "F---! … I did talk
to (Mullett) yesterday."
Mr Wilcox looked at the witness.
Stop beating around the bush might
have been a translation of his brow.
The tone of the calls, he told Ashby, were "urgent and quite
definite … it's personal, it's
serious".
"You immediately understand
(Linnell's) warning that Mullett's
phone is tapped … and you really
have to be careful on the phone to
Mullett. Why would Steve Linnell be
concerned and why would you be
concerned?"
This was at the crux of six hours
of tense, and sometimes tetchy,
testimony given by Ashby, in a
case shrouded by intrigue, and one
that has lifted the lid on internal
police alliances, ambitions and
petty jealousies, as much as it has
on a high-stakes corruption
investigation.
Ashby maintained that the
focus of his concern was an
indiscretion regarding a planned
trip to Fontainebleau in France by
deputy commissioner Simon Overland.
He'd told Mullett about it, and
he hadn't wanted it to appear on
radio's "rumour file". It
wouldn't have looked good, he
explained.
At the time
Ashby was in the
thick of negotiations with Mullett over a new enterprise
bargaining agreement.
Ashby likened negotiations
to "dealing with a criminal
informer".
Handling
Mullett
was about cajoling, about currying
favour and sometimes about lying to
him in a bid to get the political
job done.
The tapes confirmed that
Linnell and Ashby were mates, and
that Ashby and Mullett were
matey. And they revealed a
hard-edged animosity towards Mr
Overland.
But was it more than an
indiscretion?
Had Mr Ashby thrown
more to Mullett than a few
morsels to keep wage talks on track?
Had he also passed on the names of
two police officers (including a
union delegate) under investigation
in the highly-sensitive Operation
Briars? The names had been revealed
to him by Linnell, displayed on a
computer screen.
In the slow-burn questioning, Dr
Greg Lyon, SC, sought to skewer Ashby over contradictory evidence he
had given in the private October OPI hearing, invited him to listen to
damning and highly embarrassing
conversations on tape and challenged
him on why meetings with Mullett
were rarely recorded in his diary.
There had been a chain of leaks,
contested Dr Lyon, "part of the
information super highway? You
passed it on." Sensitive
information went from Mr Overland to
Linnell, to Ashby, then to Mullett.
Dr Lyon pressed. The day after
Ashby had a conversation with
Mullett, the Police Association's
president Brian Rix and the prime
target of Operation Briars had
spoken on three occasions.
Dr Lyon: "And Rix said to
the target he needed to see him
urgently outside the Police
Association about something that
couldn't be discussed on the phone.
So I am putting it to you, Mr Ashby,
that the information has gone from
deputy commissioner to director of
media, to an assistant commissioner,
to the Police Association secretary,
to association president and into
the hands of the very target of the
operation."
But the
hardest moment for the cop whose
golden path led him from cadet to
assistant commissioner must have come
when a tape caught him discussing his
career strategy with Linnell.
He
hadn't wanted the drug squad or armed
robbery, he explained, because it
seemed a better move to punch his
ticket in homicide.
By late
afternoon, the officer who never put a
foot wrong on his upward path was
looking grey, haggard, weary and
thoroughly worn-out.
It had
only been a short ride in that lift to
the first-floor hearing room, but the
expression he wore said that he was
all too aware that it was a long, long
way down.
He is
believed to be the most senior
Australian police officer ever to have
his phone tapped.
On
November 9, 2007, Assistant
Commissioner Noel Ashby quit the
force.
This
came after three days of damning
evidence implicated him in leaking
sensitive information to the powerful
police union, who allegedly tipped off
the suspect.
On
November 12, 2007, shattered police media director Stephen Linnell (right)
admitted lying to the OPI and then resigned his position.
Linnell told the hearing on two prior occasions he
had not told the truth about leaking
highly-confidential information to Ashby.
Linnell agreed that he passed on the
information about Operation Briars.
Counsel
assisting the hearing Dr Lyon
took Linnell to a number of
secretly tapped conversations between
him and Mr Ashby.
Linnell admitted passing on
information about Operation Briar,
discussing targets for the operation
and potential legal defences.
"It's
cost me my job and everything
else," Linnell said.
He also admitted that he told
lies at a private hearing of the OPI
on September 25 this year.
Dr Lyon
said that the evening before the
hearing, he spoke to Ashby and the
conversation was secretly recorded.
In the
tape Ashby says: "They don't
have Mullett". A reference to the
Police Union Chief's phone being
bugged.
Dr Lyon
said to Linnell that he told
the private OPI hearing that he
couldn't recall speaking to anyone
about Mullett's phone being ''off'.
"That's
right, yes," Linnell said.
Dr Lyon
suggested that Linnell had
deliberately lied about discussing Mullett's phone.
"I
have to deal with this," Linnell replied.
Dr Lyon
said that in relation to the private
OPI hearing Linnell understood that
he was bound by confidentiality
requirements and Linnell agreed.
"Do
you agree that you did not comply with
your obligation under the
summons," Dr Lyon asked.
"Yes
I do," Linnell replied.
Dr Lyon
put it to him that on the same day as
the hearing at 5.29pm he made a phone
call to Ashby from a neighbours
house and talked to the Assistant
Commissioner about the hearing.
The
inquiry was played a tape of that
conversation in which Linnell
reveals: "This is about us".
He also
tells Ashby: "They're heading
down a path of conspiracy to pervert
the course of justice."
At one
point Ashby says: "We just
play a straight bat here."
"Within
a relative short time of being given
the warning (speaking about the
hearing) you were discussing it in
great detail with Ashby," Dr
Lyon asked.
Linnell: "Yes."
"You
realise it was important," Dr
Lyon asked.
Linnell: "Yes, yes".
Before
the inquiry started lawyer Mr
Martin Grinberg announced that Linnell had resigned from his job.
Mr
Grinberg asked director Murray Wilcox
to excuse Linnell from giving any
further evidence as he was no longer a
public servant.
Mr
Grinberg said that the tapes were in
the public domain and any further
questioning of Linnell would simply
be putting him through further public
humiliation.
He also
said that Linnell had to be
protected against the potential for
self incrimination.
Mr
Wilcox said that the tapes played last
week on the conversations required
further explanation from Linnell.
"It
is important for the story to be
told," Mr Wilcox said.
"I
don't want his agony to be
prolonged."
Linnell was recalled to give evidence
and throughout the morning he appeared
nervous and upset.
He
continually drank from a plastic cup,
sighed deeply and looked defeated as
he spoke about his conversations with Ashby.
Dr Lyon
asked him about one tapped
conversation where the policeman being
targeted by Briars were discussed with
Ashby.
Ashby said: "I wouldn't know
those pricks if they walked through
the door now".
Linnell said he wasn't concerned about
the names of the officers concerned
but simply if they could be connected
in anyway to Ashby.
Referring
to Ashby's ambitions to become
Chief Commissioner, Linnell told
the inquiry: "Clearly we were
looking at the future".
Dr Lyon
said that on September 17, 2007, Deputy Commissioner Overland
made a controlled release of
information to Linnell as part of
the OPI investigation.
Dr Lyon
said Mr Overland told Mr Linnell that
the OPI was going to conduct an
inquiry in two weeks to the media.
Less
than 11 seconds later Linnell
phoned Ashby to pass on this
information about the OPI.
Dr Lyon
said: "They were flushing dye
through the pipes."
"I
should not have passed that
information on," Linnell said.
Meanwhile,
senior public servants have been
linked to the police corruption
hearing amid claims a minister's chief
of staff leaked information to
disgraced former top cop Noel Ashby.
On
November 12, 2007, Ashby claimed Sen-Sgt Mullett is about to
drop explosive material, which will
devastate Victoria Police - and
possibly the State Government.
He
allegedly will do so during the Office
of Police Integrity's corruption
hearing.
In another bugged conversation, Ashby claimed Deputy Commissioner
Simon Overland had got something over
Victoria's top public servant.
He
alleged that was why Department of
Premier and Cabinet boss Terry Moran
was backing Mr Overland to replace
Christine Nixon as chief commissioner.
Ashby was taped telling Mullett
about Mr Overland's alleged links to
the powerful Mr Moran, who is on a
$450,000-a-year salary.
Ashby was secretly bugged bragging
about his close relationship with
Labor political heavyweight Colin
Radford, and claimed Mr Radford was
one of his sources.
Mr
Radford is a close confidant of
Premier John Brumby and is chief of
staff to Finance Minister Tim Holding.
Ashby claimed Mr Radford leaked
sensitive information to him.
He
alleged Mr Radford told him in
September Mr Brumby had major changes
planned if he won the next election.
"Twinkle
Twinkle becomes the, er,
Treasurer," Ashby said in a
taped conversation with now suspended
Victoria Police media director Steve
Linnell.
Twinkle
Twinkle, as in little star, is Mr
Holding's nickname.
Mr
Radford worked very closely with Mr
Brumby when the latter was Opposition
leader in the 1990s and had remained
part of the Premier's inner circle.
Ashby also alleged Mr Radford told him
he was on a promise from the Brumby
Government that a controversial
appointee to a plum job was going to
be moved aside so he (Radford) could
take the position.
Evidence
suggests Ashby was referring to Police
Minister Bob Cameron's chief of staff,
Brett Curran, being removed and
replaced with Colin Radford.
Insp Curran
was Ms Nixon's acting chief of staff
until he accepted his current job with
Mr Cameron in September.
Sen-Sgt
Mullett and Ashby tried to stop
Insp Curran being appointed as Mr
Cameron's chief of staff, with Ashby claiming Mullett was
ringing people in government about it
and had direct access to Mr Brumby's
office.
Mr
Ashby feared Insp Curran would use his
new position to lobby for Mr Overland
or Assistant Commissioner Ken Lay to
replace Ms Nixon as chief commissioner
- a role Mr Ashby wanted for himself.
In
another bugged conversation, Mr Ashby
alleged to Sen-Sgt Mullett that it was
Mr Radford who confirmed to him,
before it was announced, that Insp
Curran was going to made chief of
staff to the Police Minister.
Mr
Ashby appeared to brag to Sen-Sgt
Mullett that he had an informer in Mr
Brumby's office who previously worked
for former police minister Andre
Haermeyer.
In a
bugged conversation with Sen-Sgt
Mullett on September 19, Mr Ashby
claimed that Labor MP Martin Foley had
played a major role in getting Insp
Curran the job with Mr Cameron.
"He's
(Foley) persuaded that someone who was
informer . . . said he's a good
operator and that's what eventually
got him (Insp Curran) across the
line," Mr Ashby said.
The
corruption inquiry that ended the
career of Noel Ashby is not the
first time he has come under
scrutiny over confidential
Victoria Police data.
The
former assistant commissioner was
criticised three years before after
he helped lead an internal
investigation into officers
inappropriately checking the file
of a victims' rights campaigner.
Mr
Ashby and another officer came
under fire from then acting
Ombudsman, Robert Seamer, after Mr
Seamer examined their
investigation into why five
officers viewed the file of Kay
Nesbit.
Mr
Seamer said the internal police
investigation into the checking of
Ms Nesbit's files on the police
Law Enforcement Assistance Program
failed to adequately verify
statements of officers who looked
at Ms Nesbit's file.
"It
seems the process was not
perceived to warrant any in-depth
investigation," Mr Seamer
said in a report.
"In
my opinion, this response reflects
what has been an inappropriate
attitude by some police that the
personal information contained in
LEAP is common property, which is
accessible by all members for any
reason on a whim."
Mr
Seamer said the internal
investigation had led to Chief
Commissioner Christine Nixon being
given wrong information.
On November 12, 2007, Inspector Glenn Weir,
who was in charge of the police media unit, was stood down with pay after giving
evidence at the inquiry.
Inspector Weir is accused of helping Mr Ashby and
Mr Linnell evade phone taps by passing on a supposedly safe number for Mr Ashby
to call Mr Linnell on.
Inspector Weir was also caught in phone taps
discussing Mr Linnell's summons to appear before the inquiry - an offence which
carries a maximum 12-month jail term.
The OPI flexed its muscle when Inspector Weir
smirked while a recording of him joking with Mr Linnell about possible phone
taps was aired.
Counsel assisting the inquiry Greg Lyon SC
challenged Inspector Weir's dismissive attitude to questioning.
"You are lying, you are trying to distance
yourself from your involvement in it now that you've seen what's happened,"
Dr Lyon said.
Inquiry head Murray Wilcox, a retired federal
court judge, questioned Inspector Weir's judgment.
"You would know, as an experienced police
officer with 25-26 years' experience who has risen to the rank of Inspector,
that phone intercepts require a warrant, and to get a warrant you need
reasonable grounds for suspicion that a criminal act has occurred," Mr
Wilcox said.
"I would have thought you would have stayed
a million miles away from any action that circumvented the effects of the phone
intercepts."
When asked outside the hearing whether he
intended to hold on to his position, Inspector Weir replied:
"Absolutely."
Mr Ashby and Mr Linnell may still face criminal
charges including:
Conspiracy to pervert the course of
justice
■Maximum sentence of 25 years in prison.
Ashby has admitted he might have inadvertently "blabbed out" the name
of Operation Briars target Sergeant Peter Lalor to Police Association secretary
Paul Mullett after Linnell improperly showed him details of the investigation on
his computer screen.
Disclosing an OPI hearing
■Maximum sentence of one year in prison.
Linnell has admitted he gave Ashby details of a secret OPI hearing relating to
Operation Briars on September 25, minutes after he testified there.
Communicating telephone interception
warrant information to another person
■Maximum sentence of two years in prison.
Linnell told Ashby that Mullett's phone was being tapped. Ashby told former
assistant commissioner Leigh Gassner in June that Mullett's phone was no longer
being tapped.
Perjury
■Maximum sentence of 15 years in prison.
Ashby and Linnell have admitted their answers at the public OPI hearing
contradicted their answers at the earlier, secret inquiry.
On
November 13, 2007, Premier John Brumby said his media
director, Sharon McCrohan, did not pass on information to him that the Office of
Police Integrity was conducting secret hearings.
The previous week the hearing revealed evidence
that Stephen Linnell told Ms McCrohan in late September that he had been called
to appear before the then secret inquiry.
In a taped telephone conversation played to the
hearing, it was revealed that Mr Linnell told Ms McCrohan at a football match
that he had been called to the OPI hearing.
Mr Brumby said the OPI hearing was essentially
about police corruption, comparing some of the evidence to background gossip.
"I'm not going to stand here every day and
give you a running commentary on every claim or background bit of gossip or
chatter that is made by people on the phone," he said.
Mr Brumby said he was informed verbally in the
week before the public OPI hearings by the secretary of the Department of
Premier and Cabinet, Terry Moran, that they were going to be held, and described
that conversation as "entirely appropriate".
In turn, it was Victorian Ombudsman and head of
the OPI, George Brouwer, who informed Mr Moran of the public hearings, the
Premier said.
"She (Ms McCrohan) talks to lots of people
and she certainly didn't pass on any of that information (from Mr Linnell) to me
and I wouldn't expect her to," Mr Brumby said.
The OPI can call anyone to give evidence,
providing it is relevant to their investigations.
Mr Brumby is opposed to an independent corruption
commission.
He said the OPI is effectively a standing
commission against police corruption.
"In terms of police integrity, in terms of
police corruption what the OPI is doing is obviously discovering those small
areas of the police force where there is an issue and they're actively
decisively on that," he said.
Christine
Nixon came in for criticism from former chief
commissioner Kel Glare, who blamed
her for developing an
undisciplined culture inside the
force.
Mr
Glare has blamed a lack of respect
in part for the behaviour of
Victoria Police members in the
Office of Police Integrity
hearing.
"There
obviously is a total lack of
respect for the chief and that's
sad," Mr Glare told Channel 7
last night.
"You
don't have senior officers acting
in the way they allegedly have
without there being a total lack
of respect."
He
claimed the development of this
culture in the force was a direct
result of Ms Nixon's management
style.
"There's
no dodging that," he said.
"Having held the position
(myself), the buck stops at the
top.
"No
question.
"The
ultimate responsibility is with
the chief commissioner and I
believe the approach of allowing
everyone to use first names,
including -- as I understand it --
the chief being called by first
name, has led to a breakdown, it
seems to me, in discipline."
But
the former police chief stopped
short of damning the future of the
current force.
"If
it is to recover, I believe there
has to be a new culture of
discipline," Mr Glare said.
On
November 14, 2007, police
union chief Paul Mullett
arrived at the
inquiry to be greeted by poste of
the words "dead fish".
The
words - A4-sized photocopied
sheets of what appear to be news
headlines - were plastered over a
post outside the OPI hearing
rooms.
The
steely-eyed Senior
Sergeant appeared not to
notice the prank as he strode
wordlessly through a large media
pack into what many expected to be a
fiery session.
He told
the Office of Police Integrity he
wanted to change some answers he
gave the OPI at a private hearing
the previous month.
Senior
Sergeant Mullett told the inquiry that since the
private hearing "I have
refreshed my memory".
He admitted to speaking to
Noel Ashby about his
appearance at the private OPI
hearing after telling the hearing he had not.
It is illegal to discuss the
private hearings of the OPI with
anyone.
He also admitted meeting Detective
Peter Lalor at the union's
headquarters after telling the
private hearing he had not.
He now says he asked Mr Ashby to
make inquiries as to who was on a
police taskforce related to a
secret investigation.
It is alleged Sen-Sgt Mullett was
a link in a chain of senior police
figures which ended with Det Lalor
being tipped off that he was being
investigated.
Mr Mullett endured five hours of OPI
grilling, but emerged without
suffering the fatal career blow
that many were expecting.
While Mr Mullett opened
proceedings by admitting he could
now recall answers to six
questions that he had failed to
answer at a private hearing of the
OPI last month, he stood firm
under subsequent examination.
At one point, Mr Mullett
answered ''I can't recall'' to
five successive questions
regarding police leaks and phone
intercepts.
And he said today he couldn't
recall being told the terms of
reference or the targets of an
investigation into police
corruption.
Counsel assisting the OPI
inquiry, Dr Greg Lyon SC, asked if
former Assistant Commissioner Noel
Ashby passed on the information
about Operation Briars - an
investigation into the involvement
of police in the hitman murder of
Shane Chartres-Abbott
Dr Lyon suggested former police
media director Steve Linnell
passed on the information to Mr
Ashby who passed it on to him (Mr
Mullett) who passed it on to
association president Brian Rix,
who passed it on to Peter Lalor.
"Did Mr Ashby tell you he
had read the terms of reference?"
Dr Lyon asked.
"I can't recall," Mr
Mullett replied. "It would be
a hard thing to forget," Dr
Lyon said. Mr Mullett said he was
being asked to recall
conversations three months ago.
"This is really big. This
is a murder investigation with
police links," Dr Lyon said.
"One of your delegates is a
target."
"I can't recall it,"
Mr Mullett.
Mr Mullett agreed he passed on
information to Mr Rix that Mr
Lalor's phone might be tapped.
But he said he believed they
were being tapped in relation to a
separate investigation into a
series of anonymous e-mails that
had circulated during battles for
control of the association.
Mr Mullett told the inquiry he
had a meeting with Assistant
Police Commissioner Luke
Cornelius, who is in charge of
ethical standards, on May 24 and
asked if he was under overt and
covert surveillance and if his
phone calls being intercepted.
He agreed that in the
conversation he raised the question
if it was in relation to the
"Kit Walker matter".
The hearing was told today that
Kit Walker was the code-name given
to Peter Lalor who was under
suspicion of leaking the address
of Shane Chartres-Abbott to the hitman.
Kit Walker was also the name of a
police member involved in harassment of another police
member.
Counsel assisting the inquiry,
Dr Greg Lyon, said Mr Cornelius
took notes of the meeting and he
said Mr Mullett had claimed he got
the information on survelliance
from a "reliable
source".'
"I can't remember, it may
have been", Mr Mullett said.
The inquiry has been played a
number of tapes where Mr Mullett
discusses surveillance with now
resigned Assistant Commissioner
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