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Protector or predator? - Institute for Security Studies

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Gareth Newham and Andrew Faull<br />

Specialised Internal Investigation Unit<br />

It is imperative that the <strong>or</strong>ganisational response to rep<strong>or</strong>ts of misconduct <strong>or</strong> c<strong>or</strong>ruption<br />

is quick and effective. This is imp<strong>or</strong>tant both so that offending officials<br />

can be removed, disciplined <strong>or</strong> counselled, and so that police who have been<br />

falsely accused can be cleared to carry on with their w<strong>or</strong>k. This is best achieved<br />

by having well-resourced and independent internal investigation units.<br />

Such units are not necessary to deal with all allegations of police misconduct,<br />

but only those considered dismissible offences if allegations are found to<br />

have substance. Given the nature of police c<strong>or</strong>ruption and the culture of internal<br />

netw<strong>or</strong>ks within police agencies, it is generally accepted that an independent<br />

specialised anti-c<strong>or</strong>ruption unit be used f<strong>or</strong> this purpose. This unit should<br />

rep<strong>or</strong>t directly to a committee consisting of the National and Deputy National<br />

Commissioners, only once investigations have been finalised to prevent interference<br />

and leakages of inf<strong>or</strong>mation about sensitive investigations. 128<br />

Such units need to be staffed by highly skilled, honest and motivated detectives,<br />

who will need strong protection and supp<strong>or</strong>t from managers because they<br />

will be up against the ‘code of silence’. Newburn argues:<br />

A strong proactive internal affairs initiative provides ‘an excuse f<strong>or</strong> being<br />

honest’ that may be acceptable to many of the rank and file … as reluctance<br />

to engage in unethical conduct may be viewed not only as acceptable but also<br />

prudent. As a result, many officials who are seeking ethical guidance may<br />

secretly welcome such eff<strong>or</strong>ts if policies are realistic and fair. 129<br />

However, even where such units exist, if the necessary political <strong>or</strong> managerial<br />

will to seriously combat c<strong>or</strong>ruption is lacking, they are likely to be undermined<br />

and end up being ineffectual. The Mollen Commission into police c<strong>or</strong>ruption in<br />

New Y<strong>or</strong>k City in 1994 had this to say about their internal investigation units at<br />

the time of a maj<strong>or</strong> inquiry into a police c<strong>or</strong>ruption scandal:<br />

F<strong>or</strong> at least the past decade, the system designed to protect the Department<br />

from c<strong>or</strong>ruption minimised the likelihood of uncovering it. In a department<br />

with over one billion dollars, the basic equipment and resources needed to<br />

investigate c<strong>or</strong>ruption successfully were routinely denied to c<strong>or</strong>ruption investigat<strong>or</strong>s;<br />

internal investigations were prematurely closed and fragmented and<br />

Monograph 182 41

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