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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-08-31 Daily Xml
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Government Appointments

The Hon. F. PANGALLO (14:29): I seek leave to make a brief explanation before asking a question of the Attorney-General about government appointments.

Leave granted.

The Hon. F. PANGALLO: I was recently sent an email circulated within SAPOL, authored by Chief Superintendent Christine Baulderstone, announcing with heavy heart that she was leaving the organisation to take up the vacated position of Director Investigations at ICAC. That role had been filled by another former police detective, Andrew Baker, who oversaw and took part in the inept and incompetent investigation that resulted in the failed prosecution of former Renewal SA boss, John Hanlon. We are yet to find out if he was sacked or resigned.

While in charge at SAPOL's Anti-Corruption Branch, Chief Superintendent Baulderstone led Operation Bandicoot, the bungled joint ICAC-SAPOL investigation into several police officers charged with property theft and other offences at Sturt Mantle in 2014. All were found to be innocent. Chief Superintendent Baulderstone's investigation was deeply flawed and riddled with errors, some quite comical. There was also a failure to disclose exculpatory evidence to the defendants.

In scathing evidence to a parliamentary committee into reputational harm and damage from ICAC investigations, prominent criminal barrister Michael Abbott KC scored Chief Superintendent Baulderstone's investigation zero out of 10—I repeat, zero out of ten. She conceded that there were administrative errors, yet refused to accept these now psychologically damaged police officers were innocent. Ms Baulderstone was found to be an unimpressive witness during that inquiry and in the criminal trials of the accused.

In 2014, Chief Superintendent Baulderstone was also the subject of a police complaint by Ms Sharon Smith, a pedestrian Ms Baulderstone accidentally struck and injured in a police car she was driving. Predictably, the complaint went nowhere, much to Ms Smith's disgust. Ms Smith provided evidence to the committee about Ms Baulderstone's conduct. My questions to the Attorney-General are:

1. How could you be comfortable with that appointment?

2. Will you now investigate and seek answers from Commissioner Vanstone about the appointment, considering the poor assessment of Ms Baulderstone's standard of investigative work on a previous ICAC matter?

3. How many applicants were received for the position, who conducted the selection process and did they take into account Ms Baulderstone's chequered history?

4. Since the release of the damning Strickland report into the Hanlon prosecution, do you not see appointments to important positions, such as this one, should require applicants to be of faultless competence and character, taking in their previous record of service?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:32): I thank the honourable member for his questions. What I will undertake to do is forward the Hansard of today's proceedings, particularly the questions the honourable member has asked, to the office of the ICAC commissioner.

I want to say that neither I nor anyone from the government has any role in the appointment of people within ICAC. It is an independent agency and, as is proper, makes its own appointments and has its own processes. I think everyone here would be horrified if the government of the day purported to interfere with or involve themselves in the appointment process of an independent agency like ICAC, so it is not something I am going to comment on, because it is an independent agency. But I will make sure that I forward to that office the Hansard from the questions asked today so that they are aware of the questions.

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