Citizen's Right of Reply

Citizen's Right of Reply

The PRESIDENT (14:21): I have to advise that I received a letter from Mr Gary Burns requesting a right of reply in accordance with standing order 455A. In his letter, dated 24 September 2024, Mr Burns considers that he has been the subject of false allegations and has been adversely affected in reputation by statements made in the Legislative Council by the Hon. F. Pangallo on Wednesday 11 September 2024. Following the procedures set out in the standing order, I have given consideration and sought advice on this matter and believe that it complies with the requirements of the standing order. Therefore, I grant the request and direct that Mr Burns' reply be incorporated in Hansard.

Response to MLC Pangallo. Whistleblower Protection—Hansard—11/09/24 and in particular Paragraph 18.

I thank the President of the Legislative Council for incorporating my response to MLC Pangallo in Hansard

In his speech to the Legislative Council, recorded in Hansard on 11/09/24, MLC Pangallo read from a 'statement' referring to my son Wade Burns (the current President of the Police Association of South Australia—PASA) made by Ms Kym York in which she alleged the following (paragraph 18):

'I was also told that he had been protected by his father who was an ex Police Commissioner who had pulled strings to ensure that he was never brought in front of a criminal court for the· alleged behaviour'.

I categorically and emphatically reject this allegation. I find the allegation to be offensive, defamatory and an unfounded attack on my reputation and integrity.

The allegation is based on no first-hand knowledge, but rumour, inuendo and malicious gossip. To allow this fictitious, irrational and untruthful claim to be aired in Parliament is, in my view, a serious and spiteful abuse of parliamentary privilege.

To date I have not commented publicly on anything said by MLC Pangallo and those others who have hitched their wagon to his; a group of people which includes some police officers, former PASA employees and sections of the media. I firmly believe that my integrity and reputation have been severely compromised and that I am entitled to respond to this misuse of parliamentary privilege.

I vehemently deny Ms York's malicious, false and untruthful accusation. Her allegation is based on being told by an un-named person, who probably heard it from another un-named person and so on and so on........

Having served 46 years as a police officer at various ranks and locations I have first-hand knowledge of the culture of SAPOL and how the rumour mill within it operates. Ms York's allegation is a typical denigrating, false comment made by persons with no first-hand knowledge of the matter and accentuated because it involved a father and son in senior positions. In terms of gossip, it is hearsay upon hearsay upon hearsay with its basis in a lie.

I categorically state that I did not interfere, influence, or communicate in any way with anybody in SAPOL, senior or otherwise, including the current Commissioner of Police and Deputy Commissioner of Police in any attempt to influence or interfere in this matter. No decisions made within SAPOL as to how this matter would be managed had any input from me in any form. Not one word, not one sentence.

Further, at no time has Wade ever sought directly, or indirectly my intervention, assistance, influence or interference in this matter.

To be very clear, so that MLC Pangallo, Ms York and these other rumour mongers understand—I retired from SAPOL in July 2015. Since that time, with the exception of two government reviews conducted in 2016/early 2017, I have had nothing to do with SAPOL and the Commissioner, in any capacity. In fact, I have not spoken with Commissioner Stevens since those 2016/early 2017 reviews, except to exchange 'pleasantries' at a handful of police related events, such as retirement functions and funerals.

I believe that Ms York, in making this untruthful and defamatory allegation against me, based on rumour and inuendo, brings in to question the veracity, truthfulness and accuracy of the remainder of her statement. Anything she has stated should be thoroughly tested to ensure it is truthful and accurate.

I expect a full, unconditional apology from MLC Pangallo and Ms York, together with a full withdrawal of the false allegation made against me, be it in York's statement or where there is any inference of this behaviour anywhere in MLC Pangallo's speech.

Finally, I note that the Commissioner of Police has instigated an investigation into members/officials of PASA based on MLC Pangallo's diatribe and Ms York's statement.

The Commissioner's decision to accept MLC Pangallo's and Ms York's allegations and thereby initiate an investigation into PASA, clearly means that it is equally important to investigate this allegation made against me. Obviously, I could only 'pull strings' if others were involved within SAPOL at the highest level.

I therefore call on the Commissioner to immediately instigate an investigation into the allegation made about my alleged behaviour. I have nothing to hide or fear from such an investigation.

Again, thank you for allowing my response.

Gary T Burns

24/09/2024

The PRESIDENT: I have also received a letter from Mr Steven Whetton requesting a right of reply in accordance with standing order 455A. In his letter, dated 2 October 2024, Mr Whetton considers that he has been made the subject of false allegations and has been adversely affected by statements made in the Legislative Council by the Hon. F. Pangallo on Wednesday 11 September 2024 and Wednesday 25 September 2024, the serious nature of which has caused significant distress. Following the procedures set out in the standing order and seeking advice, I have given consideration to the matter and believe that it complies with the requirements of the standing order. Therefore, I grant the request and direct that Mr Whetton's reply be incorporated in Hansard.

2 October 2024

Dear Mr Stephens

I refer to the extensive comments made by Frank Pangallo MLC during the Legislative Council sittings on Wednesday, 11 September 2024 and 25 September 2024 in relation to the Police Association of South Australia and, in particular, in relation to me.

This letter is a response to the statements made by Mr Pangallo pursuant to the Citizens Right of Reply under order 455A of The Standing Orders of the Legislative Council of South Australia. It is a reply in respect of both speeches made by Mr Pangallo and so should be incorporated into Hansard in respect of both sittings.

My name is Steven Whetton and I am a staff member of the Police Association. I am not an elected official and therefore do not have a public profile nor any real right of public reply. Unlike Mr Pangallo, I have never had a desire to be a public figure.

Mr Pangallo did not contact me before either of the Legislative Council sittings to verify or seek my comment in relation to the allegations being made. I only became aware that I was mentioned in Parliament, and subsequently the media, because friends and family members rang me to check on my welfare.

Journalists from The Advertiser, who somehow obtained my personal details, have attempted to contact me for comment in relation to the statements made by Mr Pangallo. Because I am only a staff member, I am not authorised to provide media comments on Police Association matters.

In relation to the allegations made about me personally, I have not responded to any requests from journalists to date as I have not wanted to agitate the matter further or encourage more false allegations being made about me in Parliament.

The allegations made about me to the Legislative Council by Mr Pangallo, including those made by Kim York, are entirely false, untested and unsubstantiated, and are an abuse of his parliamentary privilege.

I consider that these allegations are a deliberate personal attack against me, rather than mere statements about my job or the Police Association.

The serious nature of these false allegations is extremely upsetting and has caused significant distress both personally and to my family.

The publication of these allegations shows no regard for natural justice or for how allegations based entirely on hearsay might affect the welfare and family of someone who is not a public figure. Mr Pangallo has also shown no regard for the welfare and safety of the hundreds of police officers I have personally dealt with over the years.

I do not propose to address each false statement made. However, there is one allegation that I do want to address in detail as it has caused me particular concern. The allegation by Mr Pangallo that I did not address a member's welfare in 2022 because I was at a "Christmas lunch" is completely and utterly untrue. Contrary to the false allegations made by Mr Pangallo, I did speak to the member in question and immediately put measures in place to address that member's welfare. I did this shortly after receiving notice from Association staff that the matter was urgent. However, there was no mention of suicidal ideation. This is a verifiable and documented fact.

Since these allegations were made in Parliament, I have spoken to the Association member in question on 26 September 2024. The member has confirmed my documented evidence. Importantly, the member in question has stated (amongst other things) that '[a]t no time did I ever say I was suicidal or have any thoughts of self harm' and he had spoken to his wife 'who also never said I was suicidal'. The member went on to say that 'Steven explained the process to me and exactly what he could help with', 'Steven was supportive and kept me up to date, I would say he was my saving grace in this ordeal which is the only way I can describe it' and 'I am truly thankful for Steven's help during the incident and the version of events in the Advertiser and online about my incident are false. I have had nothing but a positive interaction with Steven and if I ever find myself in a similar situation I would not hesitate in calling Steven again for help.' I am otherwise not at liberty (nor wish) to publicly discuss the details of the actual incident—most importantly, for the safety and wellbeing of the member.

Due to my obligations as an industrial officer for the protection of members' confidential information, I can't expand on that particular members' personal situation or to explain what was discussed during that telephone call. For that same reason (being the Police Association's information privacy protocols and principles), I was also prevented from discussing members' personal matters with their partners. I explained this to the Association staff when I received notice that they had received a call from this particular member's wife. However, I do want to emphasise that all the actions I took that day had the member's welfare and privacy as my absolute first priority and the member has since expressed their gratitude for the assistance provided.

The allegation by Mr Pangallo that I refused to deal with a member in distress because I was at a Christmas event is an horrific allegation. It has devastated me. I cannot understand why Mr Pangallo would make such an allegation without determining if it is true. Surely it is not appropriate for a member of the Legislative Council to publish false allegations and to do so knowing that by using Parliamentary Privilege to make those false allegations, the false allegations would then be published in the media.

I am a police officer with nearly four decades' experience, including the past six years as a staff member of the Police Association.

As a police officer, I have lost friends and fellow police officers to suicide. My family, for decades, has been deeply affected by suicide and mental illness.

A significant part of my responsibilities with the Police Association includes direct involvement with members needing assistance with PTSD and mental health:

I provide industrial advice, provide them with legal referrals, assist with return-to-work meetings and I represent members at the South Australian Employment Tribunal. Part of my role involves being on-call, 24/7, to assist members with critical incidents like the 2023 shooting at Senior and stabbing incidents in Crystal Brook, involving death and severe injuries to our members. I am also responsible for 24/7 critical care for members with suicidal ideation. Part of this involves attending members' personal addresses to check on their welfare.

During my time with the Police Association, I have implemented the Association's Employee Assistance Program. I am the work, health and safety representative and have training in mental-health first aid and I refer members to our mental-health services. I always encourage members to seek treatment, counselling and to undertake preventative programs.

I have a proven track record of work and recognise our members with the Police Federation of Australia Bravery Award and Self Insurers of South Australia Return-to-Work award.

The allegations made by Mr Pangallo make me concerned for the members who have sought my assistance in the past and who may require assistance in the future. I can only hope that our members suffering mental illness will be able to comprehend that the allegations are false and will continue to seek my assistance.

During my police career, I investigated serious criminal behaviour that placed me, my family and police informants at great personal risk. For that reason, I have always avoided the public spotlight and it's also one of the reasons I never ran for elected office of the Police Association.

All of this, as one can imagine, has taken a significant toll on me and my family over the course of my many decades of service and completely negate the intentional effort I have made to avoid this type of publicity.

Mr Pangallo's despicable, unsubstantiated claims have only caused my family further hardship and distress.

Yet Mr Pangallo continues to peddle falsehoods about the character of individuals who do not have a public platform for recourse or response.

For the reasons set out above, I request that my response to Mr Pangallo's statements on 11 September 2024 and 25 September 2024 be incorporated into HANSARD pursuant to order 455A(1)(b) of the Standing Orders.

Sincerely,

Steven Whetton