Operation Gloucester: An investigation into improper evidentiary and disclosure practices in relation to the Victoria Police investigation of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller

Summary

The report's own summary: Summary of investigation and outcomes, pages 11 to 22

In the body's own words

1. Finding

   Operation Gloucester exposed that improper statement taking practices occurred in Victoria Police’s Lorimer Taskforce as well as the Armed Robbery and Homicide Squads in the late 1990s to the early 2000s.

   SPECIAL_REPORT_-_Operation_Gloucester_-_July_2020_k5c3cgfG, page 82

2. Finding

   IBAC has also identified instances of improper statement taking and record-keeping in recent matters.

   SPECIAL_REPORT_-_Operation_Gloucester_-_July_2020_k5c3cgfG, page 82

Findings, opinions and statements

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

No findings are reproduced in this record. This does not establish that the report contains none.

Recommendations 3

1. Recommendation 1

   Victoria Police reviews and amends the Victoria Police Manual (VPM) and its training to ensure police officers fully understand and comply with their obligations regarding evidence gathering and disclosure practices in investigations of criminal conduct, with a focus on statements and record keeping. The VPM and training should include the elements of proper practices in the making, taking and disclosure of a witness statement, and contemporaneous notes. These are highlighted in Figure 1 in section 1.2 of this report. Additionally, Victoria Police’s review should consider: a. the guidance and direction provided in other jurisdictions with a view to identifying other good practices b. officers’ obligations regarding evidence and disclosure under the Criminal Procedure Act c. how to most effectively communicate to all officers, including those who do not receive regular formal training, the obligations in recording evidence and the obligations of disclosure d. the role of supervising and senior officers in ensuring officers understand and comply with their evidentiary and disclosure obligations, and how this may be improved to address the concerns identified by Operation Gloucester e. how to achieve understanding by officers that non-compliance with the rules of evidence and the obligations of accurately recording and disclosing relevant evidence may affect the administration of justice and constitute misconduct or corruption.

   Operation Gloucester: An investigation into improper evidentiary and disclosure practices in relation to the Victoria Police investigation of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller (tabled PDF), page 22

2. Recommendation 2

   Twelve months after amending its policies, procedures and training to ensure police officers understand and comply with their evidentiary and disclosure obligations, Victoria Police conduct an audit of statement making, taking and disclosure practices, and record keeping practices across the organisation to assess compliance. Victoria Police to report to IBAC on the outcome of this audit and any action taken to address deficiencies by June 2022.

   Operation Gloucester: An investigation into improper evidentiary and disclosure practices in relation to the Victoria Police investigation of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller (tabled PDF), page 22

3. Recommendation 3

   That the Victorian Government introduce a statutory obligation of disclosure, in similar terms to section 15A of the Director of Public Prosecutions Act 1986 (NSW), to reinforce the common law duty of disclosure.

   Operation Gloucester: An investigation into improper evidentiary and disclosure practices in relation to the Victoria Police investigation of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller (tabled PDF), page 22

Published responses

Responses to this report have not been checked.

Hearing transcripts: evidence, not findings 17

What a witness or counsel says at a hearing is evidence or submission, not a finding. Transcripts are the publisher's copies, including its redactions, listed newest first by month.

Case

Operation Gloucester

Hearings page

Hearings page on ibac.vic.gov.au

Notes on this record

• Tabled: Legislative Assembly 2020-09-03; Legislative Council 2020-08-04.

Coverage

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