Plaintiff v First Defendant

Plaintiff v First Defendant - [2016] VSC 129 - VSC 2016 case summary — Zoe

[31]

COMPERE: We're about to take you to Melbourne now where Victoria's police Chief Commissioner Christine Nixon is holding a media conference following the completion of the public hearings into allegations of corruptions in Victoria's police force by the Office of Police Integrity. So let's go to that news conference now with Christine Nixon.

CHRISTINE NIXON: ...is to suspend him and then we'll obviously consider in more detail, once we get the Office of Police Integrity report as well, and other access to material, then we can determine how we might go forward.

But I believe there is sufficient evidence that he may have breached that legislation and the OPI legislation.

QUESTION: What are the offences for that...

CHRSITINE NIXON: They're - look they're...

QUESTION: ...the penalties?

CHRISTINE NIXON: There are serious penalties and, obviously, the matter would have to go before the courts, and the decision would be one for - if he was convicted, it's then a decision for the courts.

...

QUESTION: In broad terms, can you explain what the evidence is that made you believe that Mr Mullett was breaking the law?

CHRISTINE NIXON: I don't intend to go into the evidence. I've had - taken legal advice by senior counsel who have been following these proceedings on my behalf. They've given me the understanding that they believe there is sufficient evidence that Mr Mullett may have committed offences under the Telecommunications Act and the OPI Act.

QUESTION: Could he go to jail over this?

CHRISTINE NIXON: That would be a matter for the courts.

QUESTION: You said you suspended him on full pay. The [indistinct] inquiry heard that he wasn't being paid by the police force.

CHRISTINE NIXON: No, he's not, but our provision of suspension requires me to suspend someone when I make this decision on full pay. Part of the reason I have to talk to the Police Association is about the matter of Mr Mullet's pay. He shouldn't be disadvantaged. I would be paying at senior salaries level - a senior sergeant salary, sorry, and that's the level. So it's a matter of me talking with The Police Association about what their intention might be.

QUESTION: Do you have an idea of when that meeting will be?

CHRISTINE NIXON: As soon as I can arrange it.

[33]

CHRISTINE NIXON: Good morning. Can I so thank you all for being here, particularly, for the media. I think for all of this, this last 10 days has been a very difficult time, not just for Victoria Police, but I think for the media as well.

Can I also welcome my colleagues from Corporate Committee who have come along; I thank you for your support. And also for those in Traffic and Transport and those in Corporate Communications, as well, who are here, thank you very much.

Simon and I are happy to answer any questions.

QUESTION: [Inaudible question]

CHRISTINE NIXON: At this stage we are still considering the material from the hearing and we'll judge that and any other material that's available to us before we make a decision.

QUESTION: [Inaudible question]

CHRISTINE NIXON: That's actually not my decision. The decision is one that'll be taken by the Police Association executive. What we've done is suspended him as a police officer; I have not withdrawn his leave without pay nor his right to undertake secondary employment. So that's actually a decision for them.

QUESTION: [Inaudible question]

CHRISTINE NIXON: It's not my decision. I think the association has to determine the best way for them to go forward so that they can continue to have a productive relationship with us in Victoria Police.

QUESTION: [Inaudible question]

CHRISTINE NIXON: I'm not interfering in an independent union's business; what I'm doing is carrying out what I believe is my responsibility as the Chief Commissioner. I have assessed the evidence elicited during the hearings and I've made a decision and taken legal advice that says I should suspend Paul Mullett. That he is a member of the Victoria Police Association is another matter.

QUESTION: [Inaudible question]

CHRISTINE NIXON: The decision about Paul Mullett's future as the secretary of the Police Association is not my decision; that's theirs.

I think it will be very difficult for us, after having listened to the evidence over the last 10 days, been aware of the inquiry the Office of Police Integrity has been conducting since 14 September, then I think it will be very difficult for us to continue a positive relationship with him. But I think we have to have a positive relationship with the Police Association and I hope we can find a way forward. I have written to them this morning and asked for a meeting with the executive so that we can determine how we might move forward productively.

QUESTION: Over the past few weeks have you at all considered resigning?

CHRISTINE NIXON: I certainly have not. I think that this particular time has been difficult for all of us and I understand that. And it's been disappointing. And I think a number of us feel betrayed. But I think my role at the moment is to continue in the job as a Chief Commissioner, to be able to work with the community and Victoria Police to continue on with our work and be able to move past this and productively go into our future and continue to reduce crime and deaths and serious injury on the road and ensure that the community is happy with Victoria Police.

QUESTION: Is it the most difficult time you've been through?

CHRISTINE NIXON: No, I think I've had some very difficult times within Victoria Police, I have to say. If you think back to that time, early days with corruption in the Drug Squad, obviously, underworld matters, a range of other matters. This is another issue and that's what I'm paid to do.

QUESTION: Have you been out to get Paul Mullett?

CHRISTINE NIXON: No, I haven't. And I really wish that people would understand that I have just gone about doing my job. I've not attempted to interfere in the association's operation at all. I haven't set out - this is not about a Paul Mullett versus Christine Nixon. In this particular instance, the evidence is in front of us from a hearing from Paul Mullett's own words. And I've then judged those words and taken advice and determined he should be suspended on the basis of those statements.

QUESTION: So when he says that you are the [indistinct] surveillance, that it was improper, he's lying?

CHRISTINE NIXON: I think he's - I think Mr Mullett himself has suggested he might even be paranoid. But I certainly have done that. That would be entirely inappropriate. I've spoken to Paul Mullett directly, told him I've never done anything to undermine him or conducted inappropriate surveillance or any surveillance for that matter. But he continues to say this.

And I think during the actual hearings the Judge kept saying to Paul, this is not about all of your thoughts and views, this is about the facts.

QUESTION: [Inaudible question]

CHRISTINE NIXON: Look, again, I hope this isn't about Paul Mullett versus Christine Nixon. This is actually going to be a matter that the courts will determine in the end. I think that...

[Bad noise in the microphones]

MALE SPEAKER: [Indistinct] terrible...

MALE SPEAKER: Yeah, turn that down.

CHRISTINE NIXON: I think that - I'll go back. This isn't an issue about Christine Nixon and Paul Mullett. The members, I hope, will listen to the transcripts, or read them, because they're available, they'll make a decision. They all took an oath, as I did, to do their job and I believe that they'll do their job appropriately, as they are today.

And I ran into an officer in the life who simply said, Chief, I'm just getting on with my job, doing it as I did yesterday and I will tomorrow. And I think that's what the members will do.

[35]

CHRISTINE NIXON: Well he's, his evidence is such in terms of that investigation, that's what he's done. But, in regard to other matters, I have formed a view that I had sufficient to suspend him, and that he may have committed offences under two pieces of legislation - the Telecommunications Interception Act, as well as the Office of Police Integrity legislation.

NEIL MITCHELL: Well he says he's a copper who hates crooks. Do you believe him?

CHRISTINE NIXON: Um, yeah I do. I think Paul Mullett has a career that, that is distinguished. I think he's the winner of two valour awards, but he hasn't been a police officer since 1990, in terms of actually an operational police officer, so I have no real experience of that with him.

NEIL MITCHELL: But if he hates crooks he wouldn't be leaking information on a murder inquiry, sure, surely?

CHRISTINE NIXON: Um, look, I, that's only speculation from me as to what he would do and what he wouldn't do.

NEIL MITCHELL: Well do you believe he leaked it or not?

CHRISTINE NIXON: Um, I don't have sufficient evidence yet to come to a conclusion about that. This investigation is still continuing, and so I am watching, as many other people do.

NEIL MITCHELL: Okay. He is suspended now. What happens with him next, from your point of view, not from the Association, from your point of view?

CHRISTINE NIXON: At this stage he is suspended with pay, and we will then talk with the Office of Police Integrity, and the matter of pursuing him through criminal charges is one that they may take forward, and they'll obviously look to commence to develop the case, and put it before the courts.

NEIL MITCHELL: Will you, you have the power to dismiss him even if no criminal charges are laid against him?

CHRISTINE NIXON: Um, I, we've, we've taken some advice on a set of charges - whether they're discipline matters or criminal charges, at this stage we've advised him obviously of criminal matters, but we're still considering our position on a range of other matters.

NEIL MITCHELL: Do you want him out of the police force?

CHRISTINE NIXON: Look I, I've, I personally believe that Mr Mullett has the right of a fair process and a fair trial. And so it would be too early for me to judge about whether he should be out of the organisation.

NEIL MITCHELL: But in the end it could be your call, couldn't it?

CHRISTINE NIXON: It could be, and I would have weighed the evidence up. It would be either a hearing process or a, another form of legal process with the review involved. All of those things would be taken very calmly and thoughtfully as we proceeded forward.

NEIL MITCHELL: But when you, when you, you've said that you would find it very difficult to work with him again.

CHRISTINE NIXON: I...

NEIL MITCHELL: Do you mean as Secretary of the Association again, or in the job at all?

CHRISTINE NIXON: Look, I think as Secretary of the Association he's the, the, you know, key person who deals with Victoria Police in the main out of the Association, and that this stage of course, him being suspended makes it difficult.

I'd hope to have discussions with the executive of the Association to figure out the way we might move forward.

NEIL MITCHELL: This is being portrayed as a power struggle between you and Paul Mullett.

Is there any truth to that at all?

CHRISTINE NIXON: No look it's not true at all, and I know that he's portrayed it as that way, and has done so for many years now.

It isn't a power struggle. It never was. When I came into Victoria Police, I came from a history of working very closely with police associations. I had been a member for years and I had also had, held executive position.

I understood the value of working positively with the Police Association. And so I have tried to work in that fashion.

I think what happened was, was within the Association itself there were factions and, and some of them attempted to destabilise Mr Mullett.

I had nothing to do with these people, in any sense of encouraging them or, or doing anything else.

And so, the point is that I have tried to have a productive relationship - more recently as we negotiated the enterprise bargaining, it has been productive; we've been able to move forward.

...

NEIL MITCHELL: I wouldn't - too sure. Now, we have Ashby gone; Linnell gone; Mullett suspended; Brian Rix, will he be suspended?

CHRISTINE NIXON: We'll take into account the evidence that he's given. We're still having legal advice in the way we might go forward.

NEIL MITCHELL: Glen Weir has been suspended. Is his career over?

CHRISTINE NIXON: He again has been suspended on full pay. Material will then be collected for matters to be, for the court, and he has a perfect right to respond to those.

At a glance

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Judgment (233 paragraphs)

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Legislation Cited (4)

Cases Cited (13)