Temby and police indemnities

Ian Temby in row over indemnities for police who illegally tapped phones ... From Justinian, April 1985

A fascinating guide to the inner thoughts of the DPP, I. Temby, can be gleaned from his in-house publication called DPP Bulletin.

Now that the shadow Attorney General, Neil Brown, has promised to "clobber" Temby if he steps out of line, it will be instructive to keep a close eye on the DPP Bulletin.

Even before Temby's recent public sounding-off about how rotten it is for the 31 NSW police phone tappers to be given indemnities, the DPP Bulletin made clear that he was not taking the government's rejection of his earlier advice against the granting of immunities in the prone position.

The April issue of the Bulletin says:

"Don’t believe everything you read in the newspapers. It remains to be seen whether the course of action which the government has decided upon will in fact lead to prosecutions, much less a heavy blow against 'organised crime'." 

Even in January the DPP Bulletin had signalled that there was destined to be a brawl between Temby and Justice Stewart over the immunity matter.

On that occasion Temby had no trouble believing what the newspapers were saying, and his comments confirmed what until then had been merely press speculation, prior to the official revelation of the Stewart recommendations.

The January Bulletin said:

"According to press reports it is proposed that if certain NSW police officers will admit to their crimes then they should be forgiven them ... Only those who have read the confidential Stewart Report know just how much substance there is in these press reports, but they are not remarkably wide of the mark.

The whole questions of granting immunity from prosecution is one fraught with difficulties and dangers."

Stewart was furious when this came to his attention, and relations between him and Temby have been strained.

The opposition shadow Attorney General points out Temby's public outbursts against the granting of indemnities are unacceptable since the DPP's office will have a prosecutorial role following Justice Stewart's  investigation of the tapes, and it will also continue to advise the Attorney General on indemnities.

DPP Not Wild about Costigan

Followers of the DPP Bulletin would also not be too shocked with the news that Temby is not rushing ahead with investigations into some of the Costigan recommendations.

Temby has impliedly rubbished Commissioner Costigan's approach in earlier issues of the Bulletin despite the fact that Costigan recommended that matters concerning business czar K. Packer be referred to the DPP for "completion of the investigation and initiation of criminal proceedings".

Temby has never investigated these matters, saying that he doesn't have the power to do so. This is not quite the position because in circumstances where he is "considering instituting, taking over or carrying on a prosecution" the DPP can ask the federal police to undertake further investigations on his behalf.

DPP Theme Song

The latest DPP Bulletin publishes what is described as a “possible version” of the DPP theme song. This song set to Gilbert and Sullivan music was said to be sung “with opprobrium” at the DPP’s first birthday party in Canberra on March 5, 1985.What it actually means is anyone’s guess.

The chorus goes:

"He's got them on the lst - he’s got them on the list;
And I don’t think they’ll be missed - I’m sure they’d not be missed." 

And the second verse goes:

"There's the drunkard on the airline who doesn't know his place?
And the ill-informed journalist - I've got him on the list!
And the BLF guys who want to rearrange your face,
They never would be missed - they never would be missed!
The the Royal Commissioners who provide inadequate briefs,
And base their findings on fanciful beliefs;
And all the persons who impose upon the Commonwealth;
And those who claim that extradition is not good for their health;
And that rare occurrence, the erring judicial activist,
I don't think he’d be missed - I'm sure he’d not be missed."