Complaint about the Police investigation into the actions of Todd Barclay

20 July 2017

On Tuesday 20 June 2017, the IPCA received a complaint about the Police investigation into the actions of Todd Barclay MP. The complainant, Mr Graeme Axford, is not an affected party in the matter under investigation.

Mr Axford’s complaint was acknowledged on Wednesday 21 June, and a review was instigated into the complaint on Monday 26 June. The purpose of the review was to examine the way in which Police conducted the investigation.

As a result of the review, the Authority is satisfied that the Police followed proper process and appropriately exercised their discretion not to take the matter further.

During the original investigation, Police took the following actions:

• They assigned senior investigators who examined the evidence and interviewed witnesses
• They then sought an internal legal opinion and obtained an additional legal opinion from Crown Law Office.
• Following consideration of that legal advice, Police considered that there was insufficient evidence to bring charges and that there were no further steps reasonably available to them at that time.

“The Authority has determined that there is no foundation for the claim that the Police acted inappropriately or neglected their duty,’’ said Authority Chair, Judge Sir David Carruthers.

When the Authority originally advised that there was no basis for an investigation of Police conduct in this matter, it did not provide detailed reasons for its view because the Police are now re-investigating. That remains the case.

“It would be inappropriate for the Authority to comment on the nature of the evidence that the Police took into account or the basis for their decision that there was insufficient evidence to proceed,” said Sir David. “That could prejudice any subsequent proceedings.”