Australia: Wrongly accused detectives eventually get $10 million

THE dawn raid on "The Untouchables" of Task Force Bax was trumpeted as a huge blow against corrupt detectives, but 10 years later it has been exposed as a farce, with nine former detectives winning damages believed to be in excess of $10 million from the NSW Government. Chief among them is the taskforce commander, former Superintendent Geoff Wegg, 65, whose aggressive leadership against drug dealers and standover men in Kings Cross made Bax a highly feared and elite unit, in 18 months arresting 80 criminals, including 20 for offences carrying life jail sentences.

But Mr Wegg was among 14 Bax detectives arrested and charged following a surprise dawn raid on their Kings Cross headquarters on Friday, October 24, 1997. Amid suspicions that some were too closely associated with the drug dealers they were supposed to be hunting, the then police commissioner, Peter Ryan, personally supervised the raid by Internal Affairs detectives. Flanked by senior commanders, Mr Ryan told a media conference that this was the beginning of the end of the flagrant police corruption which had been exposed a year earlier by the Police Royal Commission and which led to his appointment. It also signalled the end for Task Force Bax, but the beginning of a long fight for its wrongly accused detectives.

For nine of them, the amount of compensation agreed in mediation before the former NSW chief justice Sir Laurence Street is confidential, and Mr Wegg and the other successful litigants will not discuss it. It is believed to be the biggest payout in police history. Mr Wegg dryly told the Herald yesterday: "We didn't get what we deserved and we didn't get what we asked for. But we walked away with a satisfactory result."

Originally, 12 former Bax officers each sought $750,000 compensation in the District Court in 2001. But with the passage of time, the amount increased. Nine of them took the action to the Supreme Court, seeking unlimited damages, claiming they had been negligently treated and falsely imprisoned, and demanded compensation for wages lost in the ensuing 10 years. The other Bax officers who were litigants are former detective sergeants Paul Tuxford, Raymond Lambie, Stuart Taylor and Andrew Lock, former detective senior constables David Rope, Rodney Matheson and Ian Campbell, and former detective Michael King.

With the exception of Mr Matheson, who is a uniformed sergeant, all were dismissed or resigned after they were arrested or charged. None was found guilty. Mr Wegg went to trial and was acquitted on two charges of giving false information to the Police Integrity Commission relating to his knowledge about the criminal associates of one of his officers.

Mr Ryan's corruption-busting claim proved to be idle boasting. Only one Bax officer, Detective Sergeant Bob "Squeaker" Irwin, was convicted of corruption and sentenced to 18 months in jail. Many of the suspicions that confronted Bax arose from the friendship between Irwin and a major narcotics dealer known as Al Capone who was his neighbour. The PIC wanted to know why Irwin had been allowed to continue operating in Bax, despite knowledge of his association with Capone. A number of Bax officers denied that Irwin's friendship with Capone implicated him.

There were other matters relating to top-secret documents which went missing during the trial of the drug dealer Bill Bayeh, and when recovered were found to contain the fingerprints of criminals. Ironically, Mr Wegg's most prominent moment as a detective was when he arrested Bayeh at the Police Royal Commission in 1996. Bayeh was given a 20-year sentence.

However, a year later, in December 1997, Mr Wegg was arrested after giving evidence to the Police Integrity Commission inquiry into police corruption, and was driven away with a suit coat over his head. The Bax police had to fight for their freedom and reputations, a campaign that ended successfully when the Supreme Court appointed Sir Laurence as mediator. The parties met under his guidance on three days over 28 days, reaching agreement last week. Several declined comment for privacy reasons. Mr Rope said: "I'm extremely pleased. It's been a long, hard road, for sure." The Police Minister, David Campbell, said: "I am pleased the matter has been settled." Now Mr Wegg is a risk assessment adviser. "I've survived," he said, surprisingly a man who lacks bitterness.

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Abuse of police powers again

"A US woman who was facing jail for swearing at her toilet has been acquitted. Dawn Herb, 31, of Scranton, Pennsylvania, was charged after an off duty police officer overheard her swear at an overflowing toilet. Officer Patrick Gilman told the hearing he heard someone yell: 'Are you f***ing retarded? Get me the f***ing mop.' Patrolman Gilman said he then yelled, 'Watch your mouth,' to which the person replied: 'F*** off.' He then called Patrolman Gerald Tallo, who was on duty at the time, who charged Ms Herb after she admitted cursing at her toilet. But District Judge Terrence Gallagher has now ruled she did nothing wrong, reports the Scranton Times-Tribune. He dismissed the disorderly conduct charge which could have led to up to 90 days in jail and a 150 pound fine."

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