The New South Wales law enforcement watchdog has found former police commissioner Mick Fuller should have declared potential conflicts of interest by disclosing that he co-owned racehorses.
The watchdog said the failure warranted criticism, particularly given Fuller’s position, but did not require a finding of serious misconduct or any further action against him.
It has also backed down from criticism of the ABC, which reported in February that Fuller, who had aspired to join the board of Racing NSW, had not declared to the state government his ownership of racehorses.
The Law Enforcement Conduct Commission (LECC) investigated and, about a month after the ABC report, cleared Fuller of any wrongdoing.
The probe, codenamed Operation Kurumba, also heavily criticised the ABC for what it described as a malevolent campaign against the commissioner as he sought appointment to the board of Racing NSW.
But the watchdog has since reopened its probe and delivered a new report on Tuesday. The new investigation came after a complaint by the ABC about the sufficiency of the initial investigation.
The LECC’s new report said Fuller “should have completed declarations of potential and perceived conflicts of interest which disclosed his ownership of racehorses”.
“Mr Fuller’s ownership or part ownership of racehorses should have been declared by him as giving rise to a perceived or potential conflict of interest,” the report said.
“In approaching the issue as he did, Mr Fuller appears to have considered the question only by reference to an actual conflict of interest and his own assessment that it was a ‘hobby’.
“However, his subjective state of mind was not determinative. The test for conflict of interest extends beyond that to application of an objective test.”
The LECC also withdrew its prior criticism of the ABC.
“It is fair to say that criticism of a media outlet or outlets for publication of articles concerning Mr Fuller in February 2022 was not necessary for the purpose of the Kurumba Report,” the report said.
The report shows Fuller verbally informed the then police minister David Elliott that he had part ownership in a racehorse. Fuller said he did so because of his high-profile position, not because of any policy requirement.
Fuller told the commission that Elliott had told him he was “entitled to a hobby”.
The new report said it would be “open to the Commissioner of Police to consider prohibition of racehorse ownership by NSWPF officers of any rank”, though the action of that kind was left to the NSW police force’s discretion.
The LECC formally recommended that the force’s conflict of interest policy be amended to define racing and gaming as a high-risk industry. The policy should also address the circumstances in which racehorse ownership should be permitted for officers and the restrictions around it.
Fuller was part of a racehorse syndicate that bought the racehorse Mad Magic In June 2015.
The syndicate of 14 included NRL coach Ricky Stuart and businessman Mark Bouris. Fuller’s share in the horse was 5%.
The horse raced but in early 2017, before Fuller was appointed commissioner, it broke its leg and had to be put down.
He also had a 2% stake in another racehorse, Once Epona Time.
– with AAP
