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MPs block ICAC boss from commenting on Hanlon investigation

A parliamentary committee has stopped the state’s anti-corruption commissioner from providing evidence on the ICAC’s investigation into former Renewal SA boss John Hanlon, after she raised concerns about “substantial errors and inaccuracies” in the reporting of the case.

Nov 25, 2022, updated Nov 25, 2022
Independent Commissioner Against Corruption Ann Vanstone. Photo: Tony Lewis/InDaily

Independent Commissioner Against Corruption Ann Vanstone. Photo: Tony Lewis/InDaily

Independent Commissioner Against Corruption Ann Vanstone told parliament’s Crime and Public Integrity Policy Committee this morning that she was “anxious” to speak to it about the Hanlon investigation after prosecutors earlier this month dropped their case in the District Court.

It was the second time that charges had been dropped against Hanlon due to a lack of evidence, in a case that stemmed from an ICAC investigation overseen by Vanstone’s predecessor Bruce Lander into Hanlon’s 2017 work trip to Berlin.

The case has sparked a review and rebukes from several politicians including SA Best MLC Frank Pangallo, who told the upper house earlier this month that it was “one of the state’s biggest criminal justice scandals”.

Vanstone this morning told the committee that she wanted to comment on “remarks which have been ventilated both in the upper house and in the media since the 9th of this month”.

But she was stopped by the committee’s chair, Labor MLC Justin Hanson, who said the committee had “certain advice about the terms of reference of this committee and the types of evidence we can hear when conducting inquiries”.

I’m very anxious to correct what I see as substantial errors or inaccuracies about the matter.

Hanson said the committee was specifically investigating the Police Complaints and Discipline Act and could only receive evidence relating to that piece of legislation.

“We have to limit ourselves to that evidence being received in relation to that inquiry,” he said.

“I’m quite happy to invite questions from the committee in relation to the Police Complaints and Disciplinary Act and we’ll be limiting ourselves to that today.”

But Vanstone said she hadn’t been invited to appear before the committee for over one year and had “no opportunity to address recent events at the commission, or the annual report of the commission, or any developments”.

“I certainly would like an opportunity to address this committee about recent events in relation to the prosecution of Mr Hanlon,” she said.

“I do have some remarks to make about it. I won’t press the matter here, but I’m very anxious to correct what I see as substantial errors or inaccuracies about the matter.”

Labor MLC Justin Hanson. Photo: Tony Lewis/InDaily

Hanson said the committee would be “quite happy” to invite Vanstone to raise her concerns on another occasion.

He said the past year had been “very busy” due to the March state election.

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“I know that there has been some correspondence back and forth between the committee and yourself in regards to appearing generally,” he said.

“I appreciate your patience in that regard.”

In her submission to the committee, Vanstone wrote that she was “somewhat surprised” to learn that it was investigating the Police Complaints and Discipline Act as that legislation had already been the subject of two recent reviews by Lander and auxiliary judge Gordon Barrett.

She said the parliament was yet to implement any of their recommendations.

“Some of those recommendations are no longer relevant. However, many ought in my opinion be revisited,” she wrote.

Those include allowing the Office of Public Integrity to investigate a matter on its own initiative and to allow the office to reassess decisions made by SA Police’s international investigation section.

Vanstone argued the definition of misconduct should also be reviewed, arguing that under the current legislation most offences alleged against police officers can only be investigated by SA Police – not the ICAC – regardless of the seriousness of the allegation or the seniority of the police officers involved.

Asked by Pangallo this morning if the government should consider introducing a police ombudsman to investigate criminal conduct by police officers, Vanstone said the public would “expect that serious allegations such as criminal conduct should be independently investigated”.

Pangallo then asked Vanstone if she believed that the ICAC should investigate crimes committed by police officers, but she said she hadn’t formed an opinion.

“I don’t think I need to,” she said.

InDaily has asked Vanstone’s office for the evidence she intended to provide at this morning’s committee hearing regarding the Hanlon investigation.

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