The applicant
11The applicant is aged 27 years and is in a long term relationship. After graduating from the Goulburn Police Academy in August 2005, the applicant was assigned to Tamworth Police Station where he performed uniform, plain clothes, Operational Support Group, and surveillance duties. He has received two complimentary remarks in respect of his contribution to a particular operation in Tamworth into an incident that he investigated.
12The applicant listed the courses that he has undertaken whilst a member of the NSW Police Force. He also set out duty-related injuries that he has received which included a broken right hand suffered whilst effecting an arrest. Although the applicant said that he had suffered psychological harm as a result of attending a number of traumatic incidents, he has not submitted any claims in respect of this injury.
13In respect of the three allegations, the applicant in his response to the s 181D Notice upon which the Commissioner based his decision to terminate, stated:
Allegation 1
I agree with Allegation 1. When I gave evidence at the Police Integrity Commission (hereafter PIC) I admitted that I had used steroids and I had done so to aid in my rehabilitation in relation to an injury I was suffering to my left knee.
Allegation 2
I agree that during the telephone conversation between myself and Senior Constable McCulloch I agreed to purchase some steroids with him. However I later changed my mind and I did not go ahead with it because I knew it was the wrong thing to do.
Allegation 3
(i) In relation to the five matters concerning Senior Constable Nathan McCulloch and the matter involving Senior Constable Whitton and the man Wilson, I accept that I failed to report the matters referred to in Allegation 3 that relate to them.
(ii) I can offer no explanation for failing to report the matters other than I realised that my own conduct was unacceptable and I was fearful of reporting the conduct of McCulloch and Whitton because I knew it would draw attention to myself.
(iii) In relation to the remaining matters listed in Allegation 3, I respond as follows:
a. I had no direct knowledge of Mr Hottes' use of steroids, only what I was told by Senior Constable McCulloch. I admit that I did not report the information received from Senior Constable McCulloch.
b. I had no direct knowledge of Mr Ben Wilson's use of steroids. I had only heard rumours that he used steroids, and I did not report those rumours.
c. Senior Constable McCulloch told me that Todd and Adam Pascoe used steroids a number of years ago. I did not report this information as I received it from Senior Constable McCulloch, and their use was said to have occurred years previously.
d. Senior Constable McCulloch did tell me that Anthony Reid (who is not a NSW Police Officer) had used steroids in the past. I admit that I did not report this information.
e. I admit that Ben Francis told me that he used steroids. However he said it to me in the context of a joke, while doing an impression of Arnold Schwarzenegger. I said this in my evidence at the PIC (transcript page 28; 4/12/08).
Evidence in the review
14The applicant gave evidence and was cross-examined.
15The applicant, in a statement filed in these proceedings, stated that on 4 December 2008, he was called to give evidence at the Police Integrity Commission ("PIC") in relation to "Operation Oklahoma", which was an inquiry into the possible steroid use, and other associated misconduct by former NSW Police Officer, Mr McCulloch. He stated that he first met Mr McCulloch at the end of 2005 when he became one of his field training officers, his "buddy officer". This was during the applicant's probationary period. Mr McCulloch was a senior officer to the applicant and took [the applicant] "under his wing". In approximately early 2006, they began socialising with each other outside of work. They worked together on many occasions.
16The applicant provided information to the PIC that he had knowledge of Mr McCulloch's use of steroids and that he himself had used steroids, provided and administered by Mr McCulloch.
17The applicant says that the evidence he gave to the PIC was truthful. After giving his evidence during the PIC proceedings, he provided a number of further statements to both the PIC and the NSW Police Force to assist both agencies in their ongoing investigations. He provided an undertaking that he would give evidence for the prosecution in any subsequent court proceeding, if required.
18In addition to his assistance to Operation Oklahoma, the applicant also provided the PIC and the NSW Police Force with information into matters unrelated to Operation Oklahoma. This related to two police officers and what the applicant considered to be improper associations.
19On 24 May 2010, Mr A Nattress, a PIC Assistant Commissioner, provided Detective Superintendent Michael Fitzgerald of the Professional Standards Command NSW Police Force ("PSC"), with a "letter of comfort". This letter confirmed that the applicant had assisted the PIC and the NSW Police Force by participating in interviews and providing statements for use in Police and PIC prosecutions if required. A copy of the letter was annexed to the statement.
20The applicant stated that his co-operation with the PIC and the NSW Police Force, was due to the fact that he was remorseful and contrite for his actions. It was an indication of his realisation that his involvement with Mr McCulloch, and steroids generally, was a foolish and serious lapse in judgment.
21The applicant stated that he wanted to assist the authorities as much as possible to make amends for his conduct and not because he was trying to avoid being prosecuted. He said he was aware that he was unable to be prosecuted in any event, but chose to assist the PIC and NSW Police to make amends for his behaviour and demonstrate that he was remorseful in respect of his conduct. He stated that he was recently contacted by Mr V Russell, a PIC Investigator, who advised that he would probably be subpoenaed to give evidence in criminal proceedings arising out of Operation Oklahoma.
22The applicant stated that in respect of his conduct, he had always been interested in weight training and personal fitness. He said he had been weight training since he was 16 years old and currently trains five times per week. Prior to his involvement with Mr McCulloch, he had a very general knowledge of steroids from his fitness studies through TAFE and from general discussions over the years with various people at his gym.
23The applicant said he first became aware of Mr McCulloch's involvement in the use of steroids shortly after he injured his knee in March 2008. He said that he spoke to Mr McCulloch about his injury and that Mr McCulloch suggested that steroids would help his knee heal quickly so he could participate in an upcoming rugby league tournament. The tournament involved teams made up of New South Wales police officers.
24The applicant stated that he stopped taking steroids after about six weeks. He acknowledged that he had discussed purchasing a second lot of steroids with Mr McCulloch. However, he said he changed his mind and did not go ahead with the purchase because he knew it was the wrong thing to do. The applicant said that he knew he should not have taken steroids but was looking for a way to quickly heal his knee injury and to avoid another major operation. He said he thought about it for some time before he actually took the steroids because he knew it was wrong. He said he had not taken steroids before and would not have considered it but for his knee injury. He said if he were reinstated he would never again consider using anabolic steroids for any reason.
25The applicant said that he had no excuse for not reporting the misconduct of Mr McCulloch and the other matters raised in Allegation 3 of the s 181D Order. He stated that he could offer no explanation other than that he realised his own conduct was unacceptable and was fearful of reporting the misconduct of others because he knew he would draw attention to himself. He said he would never again let himself be compromised and if he ever again became aware of police misconduct, he would take the appropriate action and report it.
26The applicant stated that prior to being served with the s 181D Order removing him, he had been undertaking approved secondary employment for Challenge Disabilities Services ("Challenge"). He has continued working for Challenge since his removal, where he assists persons with disabilities to obtain suitable employment. He currently earns $38,907 per annum at Challenge. This is a difference of $23,912 to what he was earning as a Constable. He said when he started working for Challenge, while still in the NSW Police Force, he did so not for the financial reward, but for the personal reward in assisting people with disabilities.
27Notwithstanding his employment with Challenge, he said that his removal from the NSW Police Force had placed an enormous strain on his financial circumstances by reducing his income substantially. He has been in a relationship for over four years and has purchased a home with his partner. They have a mortgage of $295,000. They do not have any children. Since his dismissal, servicing the mortgage has become more difficult. His general practitioner referred the applicant to a psychologist after he was diagnosed as suffering from stress. He said he consulted the psychologist once at a cost of $110, however, he could not afford to continue to have ongoing treatment and has not returned.
28The applicant said that the loss of his career as a police officer has had a devastating affect on him, particularly also due to the stigma attached to steroids. He said living with this stigma has been more difficult in a country town.
29The applicant said that he loved his job as a police officer and dearly wished to continue in this career. He said that he had made a stupid mistake and let himself become compromised. He had not come under notice for conduct or performance prior to this incident.
30In about early 2008, when Operation Oklahoma commenced, various relevant telephone intercepts were lawfully obtained as part of the Operation. The relevant telephone intercept records are detailed below.
31Intercept records show that on 10 March 2008, the applicant had a telephone conversation with Mr McCulloch. During the conversation, the applicant noted that he had torn a muscle in his leg and strained his cruciate ligament. He asked Mr McCulloch, "Does that oil fix that shit up or not?" Mr McCulloch replied that it worked "real good". The applicant gave evidence in the review proceedings that he had continued to train right through when he was injured and during the rehabilitation. He said that the steroids were "just simply in conjunction with that training; the training wasn't anything extra." When asked by Mr Murphy in cross-examination, "But you expected that as a result of taking steroids you would put on greater muscle mass than just weight training without the use of steroids?", the applicant replied, "Yes, Nathan told me it would help put on weight."
32A further telephone intercept showed that on 11 March 2008, the applicant had a further conversation with Mr McCulloch. During this telephone conversation, the applicant is recorded asking, "how much oil have you got left?" and whether it was "f...in' good for cleaning up injuries". There was further discussion about the effect of the substance, during which the applicant asked whether it was going to make him "pass out and shit when I have it, like Reidy?", a reference to an acquaintance of Mr McCulloch. Mr McCulloch then invited the applicant to "come and get" some of the "stuff". The applicant responded that he "couldn't jab myself". Mr McCulloch said that the applicant was a "sook", "worse than Pascoe" and that he had "had to do it to Pascoe", a reference to Senior Constable Todd Pascoe. Mr McCulloch then said that "Pascoe" had only had "water based stuff". The applicant is recorded as asking "so this shit's heavy shit isn't it?", to which Mr McCulloch responded that it was "stronger".
33Intercept records show that at 1.04am on 21 March 2008, an SMS text message was exchanged between the applicant and Mr McCulloch in which the applicant asked whether he was "right to come over tomorrow for my medicine". In cross-examination, the applicant confirmed that "medicine" referred to his next steroid injection. At 6.14pm on 21 March 2008, the applicant had a telephone conversation with Mr McCulloch in which the applicant asked when he needed his "next f...in' dose of medicine", to which Mr McCulloch replied "Yesterday". The applicant then made a comment about thinking that he needed it "every f...in' four days or something", with Mr McCulloch stating that it should occur every three days.
34Intercept records show that on 2 April 2008, the applicant had a further telephone discussion with Mr McCulloch, during which there was apparently some discussion about the alleged use of steroids by other officers involved in a police rugby game. Earlier in the call, the applicant discussed a practical "joke" in which some other unnamed person involved in a police football game pretended that the applicant was required to participate in a random urine check for steroids. He said his "heart was pumpin'" and he "was thinking, f...k".
35Intercept records show that on 23 April 2008, the applicant and Mr McCulloch had a further telephone conversation in which Mr McCulloch referred to having "HGH". He then said it was "all kosher" as "Customs even opened" the package. As the conversation continued, the applicant and Mr McCulloch referred to taking two of the tablets a day, "like a supplement". Mr McCulloch then noted that on the receipt "they sent them in as perfume". During cross-examination, when asked by Mr Murphy whether the term "perfume" referred to the steroids sourced through the Internet, the applicant answered, "I'm not sure. We ended up using the term 'perfume'; it covered steroids and it also covered legal supplements."
36Intercept records show that on 3 May 2008, the applicant and Mr McCulloch had a further conversation during which Mr McCulloch referred to having "got onto some gear" called "Supertest" which is "four different types in one". The applicant then asked if "Jase" was getting the "Deca", and Mr McCulloch said that Jase was going to bring it around and show him the bottle. The applicant then asked about the price for "Deca". Mr McCulloch stated that the price was a $110 for ten millilitres. Mr McCulloch suggested that the applicant should get some, however the applicant declined because he did not want to "mix all the c...s up".
37Intercept records show another conversation between the applicant and Mr McCulloch on 13 May 2008. The applicant referred to a person as "Ling Ling" (now said by the applicant to be a reference to Senior Constable Troy Rowland) as a "loose lipped c..t" as he had been "skiting off about the f...ing perfume". During cross-examination, the applicant said the term "perfume" used in that conversation was in reference to a herbal supplement. The applicant said he might "get some of them c..ts too". The applicant then said that an unnamed friend had "got away with it" for a year, at which point Mr McCulloch suggested that "it's pretty, pretty pricey isn't it, it's like three grand or something". Mr McCulloch said that he might have a "squiz into it", at which point the applicant asked whether "you gotta order them over the net haven't ya?" The conversation then continued as follows:
App: "You ordered the perfume over the net didn't ya?"
NM: "Yeah."
App: "I haven't got the internet, I'll, I'll just give you the f...in' money."
NM: "Yeah if you want some, just f...in' let me know."
App: "Yeah. Yeah, how much does it cost, two hundred isn't it?"
NM: "Yeah."
App: "I'll um, I'll give you the paperwork so you can order the perfume."
NM: - Laughs - "Righto. Actually I've got um, I've got a, got a little f...in' jar of it here if you, like one unopened jar of it here, if you want to try it?"
38Mr McCulloch then invited the applicant to "drop up whenever" to get the substance under discussion.
39Intercept records show that at 6.19pm on 15 May 2008, Mr McCulloch had a telephone conversation with Mr Ben Wilson (the then partner of Ms Terri Whitton). Mr McCulloch said that he had been talking to "Sharrell" (apparently a reference to Ms Whitton), and said that he "wanted to get um, a couple of prices on things". At 6.55pm, the applicant and Mr McCulloch had a further conversation. Mr McCulloch said that he had obtained "that bot-bot". The applicant appeared to ask "[b]ot-bot?" When told "Jay's bot-bot", the applicant replied "[o]h right...that perfume we were talking about", and asked "what's the damage on the paperwork" to which Mr McCulloch said he did not know. Mr McCulloch then said he was also going to order some of the same substance from a different source which would be $440 for four.
40Intercept records show that at 1.27am on 17 May 2008, the applicant and Mr McCulloch had a further conversation. The applicant stated that he "got some more Intel" and "[a]pparently the f...in' phones at the station are being f..n' tapped by STIB". The applicant then stated, "Yeah so um, as far as like with, with Whitton making that f...in' phone call the other day, that's not f...in' very good."
41Intercept records show that on 22 July 2008, Mr McCulloch apparently had a telephone conversation with his wife, Mrs McCulloch. It appears that the applicant was present with Mrs McCulloch. The following was recorded:
EM: "... Walshie's bringing me stuff out like,"
NM: "Yeah (ui) f...in' (ui)."
EM: "[D]reaming."
- Aside -
App: "Is that Nathie?"
EM: "Yes."
App: "Tell him I ordered some stuff on the Internet and (ui) show him."
EM: "He ordered some stuff off the internet, he'll have to show you."
- Aside -
App: "I got it today."
EM: "He got it today."
- Aside -
EM: "What did you get?"
App: "I can't tell you."
EM: "He can't tell me. I don't think we want to talk about it over the phone."
("ui" means the words were inaudible)
42At about 7.00am on 29 July 2008, officers from the Australian Customs Service and the NSW Police Force executed a search warrant at the home of Mr and Mrs McCulloch. Very shortly prior to the search being executed, Mr McCulloch was informed of the intended search by Superintendent Pheeny, the Local Area Commander, who arranged to give Mr McCulloch a lift home. According to the NSW Police Fact Sheet for Mr McCulloch, he then requested to secure his firearm in the firearm storage area of the police station. After entering the firearm storage area, Mr McCulloch sent Mrs McCulloch an SMS text message. Subsequent inspection of the phone belonging to Mrs McCulloch showed that at about 6.50am, an SMS text message was sent from Mr McCulloch's phone saying "Get the steroids out of the house. Can't talk."
43The applicant's evidence was that it became common knowledge that the text message was sent but that he personally did not know of the SMS text message at the time. He could not recall if it was Mr or Mrs McCulloch who made him aware of the text message. Mr Murphy took the applicant to evidence he gave at the PIC where he told the integrity commission that Mrs McCulloch told him that Mr McCulloch had sent her the SMS text message and "she told me she didn't know what he was talking about. She didn't know what he was talking about."
44Approximately 100 tablets of Anadrol were located at the home of Mr and Mrs McCulloch, together with two bottles of the steroid Nandrolin, one bottle of Ropel Liquid Testosterone, and a number of used syringes. On 4 September 2008, Mr and Mrs McCulloch were served with summonses requiring them to give evidence at the PIC on 16 September 2008. Telephone call charge records show that on the evening of 4 September 2008, there was telephone contact between Mrs McCulloch and Ms Whitton, followed by SMS text messages between Ms Whitton and the applicant. Telephone call charge records produced by Telstra Corporation Ltd show that on 8 September 2008, the applicant made a number of apparent attempts to telephone Mr McCulloch, resulting in a conversation at about 1.18pm lasting for two minutes and 27 seconds. There was no telephone intercept transcript to show what was said during this conversation.
45Telephone call charge records show that shortly prior to 8.00am on 16 September 2008, being the day Mr and Mrs McCulloch were required to give evidence at the PIC, the applicant called Mr McCulloch and had a call lasting about 28 seconds. Mrs McCulloch gave evidence to the PIC starting at 9.55am on 16 September 2008. Telephone call charge records show that in the early afternoon on 16 September 2008, Ms Whitton had a number of telephone contacts, including one lasting over nine minutes, with Mrs McCulloch.
46Mr McCulloch gave evidence to the PIC starting at 2.10pm on 16 September 2008. He ultimately made various admissions about his own steroid use and importation. However, he denied that he had ever injected any other person with steroids and denied that he was aware of steroid use by any other police officer. Telephone call charge records show that at about 9.51pm on 16 September 2008, the applicant made an apparent attempt to telephone Mr McCulloch. At some time following 16 September 2008, the applicant had a discussion with Mr and Mrs McCulloch and Ms Whitton at Joe Maguires Pub.
47On 2 December 2008, Ms Whitton gave evidence to the PIC. She made admissions about steroid use by her previous partner, Mr Wilson, and about various conversations she had with Mr McCulloch in which he sought her assistance to obtain steroids from Mr Wilson. Ms Whitton stated that the applicant was present during one such conversation, although she was not sure if he was also to be part of the transaction.
48On 4 December 2008, the applicant gave evidence to the PIC. He admitted that Mr McCulloch had injected him with the steroid "Enanthate" (under the product name "Ropel"). He admitted that he had about 10 injections over approximately 6 weeks from March 2008 to about the end of April 2008. He admitted that he had also seen Mr McCulloch inject steroids. He also admitted that he had spoken to Mr McCulloch about sharing the costs of purchasing steroids. The applicant further said his steroid use occurred prior to receiving training about improper steroid use around June 2008, but admitted he was aware that he might be breaking the law. He said he did not pay any money to Mr McCulloch for steroids.
49The applicant admitted that on 11 March 2008, Mr McCulloch spoke about "special stuff", which he understood to mean the steroid "Stanozol". However, he denied using that steroid. He admitted that on 23 April 2008, Mr McCulloch referred to having imported tablets marked "HGH". He admitted he received one bottle of those tablets, which he consumed, but said that he believed it was legal "pro growth hormone" rather than "human growth hormone" (which he understood to be a type of steroid). He claimed he did not know why the supplier labelled the package as "perfume". He admitted that on 3 May 2008, Mr McCulloch spoke to him about a substance called "Supertest". He said he was not certain as to the nature of that substance, but had an "inkling" it was a steroid. He admitted that during the same call, he asked about the price of "Deca" but said that he did not ultimately obtain that steroid.
50The applicant also admitted that on 13 May 2008, he spoke about "Ling Ling" (being Senior Constable Troy Rowland) "skiting off about perfume". He said that Senior Constable Rowland had been talking about the "pro growth hormone tablets", and not about steroids. He admitted that during the same conversation, he spoke about giving money (or "paperwork") to Mr McCulloch for "perfume", but says this was a reference to the legal "pro growth hormone". During cross-examination, the applicant said the term "perfume" used in the phrase "skiting off about perfume" was in reference to a herbal supplement. In the recording, the applicant and Mr McCulloch then went on to discuss doing a "Brasco on him". In cross-examination, the applicant gave the following evidence:
Q: It is another conversation between yourself and Mr McCulloch. I think you have told us Ling Ling is Officer Rowland, is that correct?
A: Yes.
Q: And you are raising a concern, I suggest, about Officer Rowland skiting off about the perfume. You see that?
A: Yes.
Q: What did you mean by those words "skiting off about the perfume"?
A: That he was talking about the pro-human growth hormone.
Q: Well, in what way was he "skiting off" about it?
A: He was just asking about the supplement.
Q: Well, asking about a supplement is not "skiting off" about it?
A: It is how I use the words.
Q: Well, they are words deliberately used, aren't they? "Skiting off about the effing perfume". And you were not happy about him doing that, were you?
A: No, it would lead to rumours around the station.
Q: What, asking you about a herbal supplement is going to lead to rumours around the station?
A: Yeah.
Q: Is that what you are seriously saying?
A: Yeah.
Q: And that constitutes "skiting off about the effing perfume"?
A: Yes.
...
Q: Then McCulloch refers to "doing a certain Brasco on him"?
A: Yes.
...
Q: And was doing a Donnie Brasco on someone taking him out?
A: Yeah, possibly.
Q: And all this was over him asking you about herbal supplements that you can get from a health food store?
A: Yes.
Q: You seriously put that?
A: Yes.
...
Q: Well, what did that have to do with saying, "I might get some of them items too"? You are not talking about herbal supplements, are you?
A: I was talking about the pro-human growth hormone.
Q: You say, "Yeah, give them a go", and he talks about someone who was busted for obtaining illegal drugs?
A: Yeah.
Q: Did you say, "What's that got to do with what we are talking about?" You are talking about herbal supplements, according to what you are telling us now?
A: Yeah.
Q: He is talking about someone getting caught or not getting caught for a year over illegal drug dealing?
A: Yeah.
Q: Didn't you think that the those two subject matters didn't quite fit into the same conversation?
A: I guess because they both related to ordering things from the Internet.
Q: And he then says, "I only, only have to do one or two". Do you see that?
A: Yep.
Q: What did you understand him to mean when he said that?
A: Um, maybe some orders, making orders.
Q: Orders for what? What for?
A: For the pro-growth hormone.
Q: And then you say "yeah", and he says "personal use" and laughs. See that?
A: Yep.
Q: What did you understand he was talking about when he said "personal use"?
A: Yes. Still ordering the pro-growth hormone.
Q: This is the benign substance you can get from a health food store?
A: I am not sure about health food store, but Internet sites, yeah.
Q: It is a herbal substance?
A: Yes.
Q: The term "personal use" is a term that is used by police relating to the defence that drug offenders quite often raise when they are caught with amounts of illegal drugs, isn't it? "It is for my personal use"?
A: Yes.
Q: It is not a concept that springs to mind when you are talking about a herbal supplement, is it?
A: Well yeah, I haven't heard herbal supplements used in any way of conversation really.
Q: You say that's what you are talking about here in this conversation?
A: Yep.
51The applicant admitted that on 15 May 2008, Mr McCulloch spoke to him about "Jay's bot-bot". He accepted that this was a reference to the steroid Deca-durabolin ("Deca") being obtained from Mr Jay Hottes, a car salesman who used to work with Mr McCulloch. He also admitted that during the same call, he again spoke about giving money to Mr McCulloch for "perfume". However, he claimed that he could not recall exactly what was being ordered by Mr McCulloch (although apparently conceding that it might have been "Deca" however he "wasn't 100 per cent certain"). He also claimed that he never actually received any product from Mr McCulloch arising out of the 15 May 2008 telephone call.
52The applicant denied ordering steroids through the internet, or importing steroids. He said he had ordered protein powder "No-Xplode" and some tablets called "Tribex" through an internet site called "mrsupplement". He said that these supplements were not anabolic steroids, and that he believed it was legal to possess and import them. The applicant was asked why, during the call on 22 July 2008, he told Mrs McCulloch that he could not tell her what he had ordered. He claimed that he was "mucking around" and denied that he was being careful (although conceding that, at the time, he suspected that the police station telephone being used might have been tapped).
53The applicant initially stated that he could not recall whether he and Mr McCulloch approached Ms Whitton to ask if she could obtain steroids from Mr Wilson. However, after being played intercept records for the call on 17 May 2008, he said as follows:
Q. Then further on, you make a reference to Whitton making a phone call "the other day"; right?
A. Yes.
Q. That's Terri Whitton?
A. Yes.
Q. Making a phone call to Ben Wilson?
A. Yes.
Q. About obtaining steroids?
A. Yes.
Q. For you and Nathan?
A. She was making inquiries.
Q. Making inquiries about steroids for you and Nathan?
A. Not for me on such an extent. I spoke to them about it, but I couldn't go through with it.
Q. Spoke to whom about it?
A. Nathan. And Terri might have been present, but I can't remember.
54The applicant further said that he was in an "Australian police" football team with Mr Ben Francis, a member of the NSW Police Force, in Perth. He admitted that Mr Francis referred to taking "Deca". However, he claimed he thought the comment was a joke and said he did not actually believe that Mr Francis was taking steroids.
55The applicant admitted that on 11 March 2008, Mr McCulloch had spoken to him about assorted steroid use by "Reidy" (whom he said was an acquaintance in Tamworth whose first name he could not remember). In cross-examination, the applicant confirmed that "Reidy" was a friend of Mr McCulloch, and was not a police officer. He said that he had been told that "Reidy" had felt faint after taking the steroid "Enanthate", but he had never actually seen "Reidy" consume steroids. The applicant also admitted that during the call on 11 March 2008, Mr McCulloch told him that he had administered steroids to Senior Constable Todd Pascoe, and his brother, Adam Pascoe (an officer of Queensland Police also known as "Fridge").
56In his evidence to the PIC, the applicant admitted that Mr McCulloch had spoken to him to say that he had to attend the PIC about a "week or two" before Mr McCulloch had actually given evidence. He said that Mr McCulloch had told him that, as a result of having to attend the PIC, he thought that the "phones were off". He said that when Mr and Mrs McCulloch were arrested, it became fairly common knowledge around the town of Tamworth. He said that, "probably a couple of days" after Mr McCulloch had attended the PIC, he told the applicant that he had "heard recordings of phone conversations, that it was unpleasant and he couldn't talk further about it". He said he couldn't remember whether he asked Mr McCulloch about the nature of the phone calls which were played to Mr McCulloch during the PIC hearing. However, in his evidence, he made no mention of making phone calls to Mr McCulloch on both the morning and the evening of 16 September 2008. He also made no mention of meeting Mr and Mrs McCulloch and Ms Whitton at Joe Maguires Pub when Mr and Mrs McCulloch's appearances at the PIC were discussed.
57On 6 March 2009, the applicant participated in a Police Complaint Investigation interview. He was asked if there was anything further he could elaborate on that was not given in evidence at the PIC. He said he could not. He was then asked if he was ever present at licensed premises in Tamworth when Mr and Mrs McCulloch discussed their evidence at the PIC. He answered, "One time I was at Joe McGuires (sic). I can't remember the exact conversation, and they just spoke about how they have been to PIC and they were under investigation but I can't remember anything more than that." He confirmed that Ms Whitton and Mrs McCulloch were present at Joe Maguires Pub with him. When asked if Mrs McCulloch indicated to him what he should say about her knowledge of the possession, use and supply of steroids, he answered "no". He was also asked, "Was there any other instance where the PIC investigation was discussed between yourself, Mr and Mrs McCulloch, and Terri Whitton?" The applicant replied, "I spoke to Nathan a short time after he came back from the PIC. All he told me was that his phone was off, it was an unpleasant experience and that he couldn't talk to me about it. That was all."
58On 9 March 2009, the applicant gave an induced statement. In it, he admitted that Mr McCulloch had told him that he had ordered steroids from Thailand over the internet. He said he became involved in using steroids because of a torn cartilage in his left knee and because Mr McCulloch told him that "steroids would help with recovery and rehabilitation". He said he did not report Mr McCulloch's supply of steroids "because I was doing the wrong thing at the time also". He also said that Ms Whitton had told him that her previous partner, Mr Wilson, had used steroids.