Robin Barrett SMALL

The Hon P. J. BREEN:

• My question without notice is to the Attorney General, and Minister for Industrial Relations. In view of the question raised yesterday in this House by Reverend the Hon. F. J. Nile concerning an alleged police cover-up and allegations against solicitor John Marsden by Superintendent Bob Small, will the Attorney make it clear to the House that those allegations have already been investigated by the police royal commission and that Mr Marsden and Assistant Commissioner Alf Peate were completely exonerated of any improper conduct? Is it a fact that Superintendent Small and other police officers have given internal police papers and police documents to Channel 7, either directly or through intermediaries, in breach of police regulations, in order to assist Channel 7 in its litigation with Mr Marsden? If so, will the Police Integrity Commission investigate those officers?

The Hon. J. W. SHAW:

I do not know, and therefore cannot comment on, what information the police may or may not have given to Channel 7 in relation to this contentious litigation. I simply want to stay completely away from that. I reiterate the point I endeavoured to make yesterday, namely that honourable members ought to be circumspect about commenting on pending litigations in the Supreme Court. Obviously, there are some very hard-fought issues between Mr Marsden and Channel 7 that the judge will need to adjudicate upon. I myself am cautious about making any comments about the matter, and I think all members ought to be cautious. I believe that the honourable member is correct in suggesting that this allegation of a police cover-up was dealt with by the police royal commission. However, I would not want to go further than that.

Ms MOORE

• , by leave

:

• I wish to make a personal explanation. My political character and integrity have been impugned by claims by the former Kings Cross local area command, Superintendent Robin Small, which have been reported in the media. The inference of these claims is that as the honourable member for Bligh I sought inappropriately to influence decisions to move a police officer. The implications are outrageous and completely false. These matters date back to 1993 and 1994, prior to the Wood royal commission, of which I was a vocal and consistent supporter in the efforts to remove corruption and ensure an accountable and honest New South Wales Police Service. Over many years I have made appropriate representations as the member for Bligh on behalf of my constituents concerning serious crime problems in the Kings Cross local area command. I have reported to police and the Minister for Police serious problems of street crime, prostitution, drug dealing, violence, property damage, antisocial behaviour and people not being safe on the streets. I continue to make these representations on behalf of my constituents.

• While Robin Small was superintendent of the Kings Cross local area command I was very concerned about his approach and attitude. I was particularly concerned about the priorities of Kings Cross local area command. Despite the very real crime problems in the area, Superintendent Small undertook a campaign of 24-hour blitzes on parking, which involved police observing alleged infringements from a moving police car, with the paperwork being done back at the police station. I wrote to the Minister for Police informing him that the campaigns appeared to be targeted at revenue gathering rather than responding to real community concerns. Specific reported incidents included deliberate harassment of a doctor and nurses responding to an emergency situation at St Vincent’s Hospital, deliberate disregard of a disabled person in a wheelchair in Oxford Street, and issuing of infringement notices to a resident parked on the right-hand side of the road in a short dead-end street and causing no obstruction. I informed the Minister for Police that in conducting these campaigns Kings Cross police were failing to exercise sensitivity and sound judgment.

• Another serious allegation involved action by Superintendent Small to break up a community-based Neighbourhood Watch group. The Police Service attempted conciliation and was unsuccessful. The matter was referred to the Ombudsman, with the former Neighbourhood Watch co-ordinator stating that Superintendent Small owed them a public apology. Although I have made appropriate representation over many years on behalf of my constituents concerning the adequacy of policing at Kings Cross, no member of Parliament, not even the Minister, has the power to direct police staffing and operational matters. I have never sought to interfere inappropriately in any police operational matter. From memory I was in fact informed by Commander Darcy Cluff that he made the decision to move Superintendent Small “in his own interests”. Former Commander Darcy Cluff and police records can be consulted to verify these facts.

Mr DEPUTY-SPEAKER:

Order! For future reference I remind the honourable member of the provisions of the standing orders relating to the making of a personal explanation, which on this occasion she almost breached.

Reverend the Hon. F. J. NILE [6.07 p.m.]: In May 1994 serious allegations relating to the supply and use of Indian hemp and other drugs were made by citizens against Mr John Marsden, who at that time was a member of the police board. Mr Marsden received preferential treatment in the investigation of this matter in that the execution of the search warrant was delayed and executed only after he became aware that a police investigation was under way. Obviously, nothing was found in the search. Shortly after this the officer who headed the investigation, Superintendent Bob Small of Kings Cross, was transferred in highly unusual circumstances.

In an internal document in September 1994 Mr Small challenged the reason for his transfer. He claimed that the reasons advanced were untrue and that a confidential conversation with senior police –

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in which confidence was guaranteed but was later broken – was used to his detriment. To Mr Small’s knowledge there was never an inquiry of any sort into his allegations. In order to publicly air the subject, in December 1994 Mr Small spoke to the Hon. Deirdre Grusovin, the honourable member for Heffron, and informed her of the matters and the circumstances surrounding the favoured treatment of Mr Marsden. In January 1995, by document handed to senior police, Mr Small voluntarily brought to the notice of the Police Service that he had unlawfully handed police documents to the Hon. Deirdre Grusovin relating to the Marsden investigation.

The Hon. R. S. L. Jones: On a point of order. Reverend the Hon. F. J. Nile is raising a number of police matters. I earnestly urge him to ensure he does not endanger any police investigations.

The DEPUTY-PRESIDENT (The Hon. D. J. Gay): Order! No point of order is involved. I am sure the honourable member will take due notice.

Reverend the Hon. F. J. NILE: In addition, Mr Small complained about the failure of the Police Service to properly handle his complaint of September 1994, and also about the favoured and preferential treatment given to Mr Marsden. As a result Mr Small was informed that a complaint was registered against him for supplying the documents to Mrs Grusovin. In February 1995, apparently as a result of his January disclosure, Mr Small was interviewed by a senior police officer in relation to this matter. At the close of the interview Mr Small was informed that by bringing his allegations to light he was regarded as an internal informant. Several days later Mr Small was informed that the royal commission would take over the investigation.

The Hon. P. T. Primrose: On a point of order. Is the honourable member reading from a publicly available document?

The DEPUTY-PRESIDENT: Order! No point of order is involved.

Reverend the Hon. F. J. NILE: Absolutely not. That is the purpose of bringing it to the attention of the House. In late 1996 the royal commission obtained some written information from Mr Small about the matter. More than three years have passed since Mr Small fairly and squarely made his complaints against the Police Service. Why has not the Police Service contacted Mr Small about his status as an internal informant? Why has not the Police Service and/or the Ombudsman’s office contacted Mr Small about his complaints against the Police Service? Why has not the Police Service and/or the Ombudsman’s office contacted Mr Small about the complaint registered against Mr Small?

Why was Mr Small put through the trauma of waiting from February 1995 until his retirement in May 1997 without ever, even to this date, being told the result of the complaint registered against him? Given the miserable failure of the Police Service and/or the Ombudsman’s office to competently, credibly and promptly investigate these suspicious events surrounding the investigation into serious drug allegations by Mr Marsden, the equally suspicious transfer of Mr Small and the failure of the Police Service internal informants policy, are the Premier, the Minister for Police or the Attorney General prepared to refer these issues to the Independent Commission Against Corruption so that a full investigation and examination can be made?