NSW phone bugging scandal: key aspects

A costly and long-awaited report into a NSW police bugging scandal has been handed down, with two top brass accused of unlawful conduct.

A LOOK AT THE NSW BUGGING REPORT:

What is Operation Prospect?

The investigation looked into allegations of improper surveillance on 113 police officers during an internal police probe between 1998 and 2001.

Some claimed they were wrongly targeted through the surveillance task force, known as Mascot, while others have argued their professionalism as investigators on the task force has been unfairly maligned.

A complex and controversial investigation, Operation Prospect was the largest single probe of its kind ever undertaken by an ombudsman in Australia.

The investigation was conducted in secret, took four years and cost $9.64 million.

What were the findings against Cath Burn and Nick Kaldas?

Cath Burn:

* She engaged in unlawful conduct in relation to the deployment of a protected witness in May 1999. She was the team leader with management and supervisory responsibilities for planning and executing the deployment of a NSW Crime Commission informant in a manner that twice breached his bail conditions.

* Her conduct as the leader of a team that investigated (an officer) through listening devices, telephone interceptions and an integrity test was unreasonable. The investigation relied on weak information that was not properly tested. Burn was aware of or approved many of the steps that were taken in the investigation, and was in a position to exercise better control over the investigation.

* Her conduct in triggering an investigation of another officer arose in part from mistaken facts and was unreasonable. Some of the investigative strategies used were based on inaccurate or misrepresented allegations or statements.

* Ms Burn prepared to memoranda, in March and May 2002, which contained misleading or inaccurate information.

* Her conduct was unreasonable when she failed to ensure the Director of Public Prosecutions were informed of the protected witness's admissions in a 1999 interview.

Nick Kaldas:

* His evidence to the ombudsman concerning his contact with NSW Crime Commission operations director John Giorgiutti may constitute an offence against the Police Act 1990. The relevant offence is "false and misleading testimony".

* His conduct in requesting or receiving NSW Police Force information on three occasions in 2010 was unreasonable. As a deputy commissioner, he should have known his request and the receipt of the information didn't comply with the force's code of conduct and conflict of interest policy.

* Failing to record and report confidential NSW Crime Commission and NSW Police Force documents he received anonymously in 2012 was unreasonable conduct. He should have reacted in a more formal and considered manner.

What were the key recommendations?

* Consider establishing a Public Interest Monitor in NSW, with functions similar to Queensland and Victorian models, to oversee surveillance device and telephone intercept warrants.

* Apologise to people inappropriately named in listening device and telephone intercept affidavits and warrants, and to others whose conversations were recorded without authorisations, while also destroying records of these exchanges.

* Joint task force operations between NSW Police and the NSW Crime Commission be reviewed to ensure formal reporting structures, clear lines of authority, supervision and training.


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NSW phone bugging scandal: key aspects | SBS News