A CASE OF HIGH LEVEL CORRUPTION AND CONSPIRICY IN THE NORTHERN TERRITORY
POLICE FORCE
Copyright Dr.
A.B. Kelly, 4th December 2010.
Police Service: I
joined the NT Police in 1950, aged 21, the minimum age for the Force. Prior to
this I was a permanent Public Servant in NSW, having begun work in 1944. I arrived in
I was transferred to
While stationed at
As an example of this recognition and
of its exercise outside my normal jurisdiction,
while I was stationed at Tennant Creek I was asked by Commissioner
Graham to sort out a problem that had arisen concerning a death at Hidden
Valley Station which was in the Northern Police Division. Senior Constable Gordon Stott of Elliott, one
of the great old time policemen, had initially investigated the death but had
not arrived at a satisfactory conclusion.
I called in to see Gordon on my way to
The circumstances of that case were that two partners had been running Hidden Valley Station and one of them had been shot. The surviving partner told Gordon that the deceased had come back from Katherine with their Christmas supplies of grog and they had got stuck into the grog without waiting for Christmas. While they were both sitting on an old car seat on the homestead veranda, someone had fired a shot from the surrounding scrub, killing the other person. The deceased was badly decomposed when Gordon arrived, so he wrapped the body in an old waterproof tarpaulin and buried it. Gordon was not satisfied with the story told by the survivor, who was still in the D.T’s. He got some admissions from this suspect, however when he got these he had been giving the suspect a nip of whiskey from time to time “to straighten him out” from the D.T’s. In those circumstances the suspect’s admissions would not have been admissible in Court.
When I arrived at
With the aid of my Tracker I dug up the body, which was
buried nearly six feet deep. I got the
body out still wrapped in the old waterproof tarpaulin. The body was by then mainly bones and gravy,
and the stench was terrific. I kept the
body wrapped in the tarpaulin as this could contain evidence. I loaded it into the back of the Police Land
Rover and headed back to the
It was hot and humid in the Darwin Hospital Morgue, which was not air-conditioned. With the Doctor I was looking for the other bullet. Gordon Stott had told me there was no exit wound. We kept finding small stones in the tarpaulin, but no bullet. The smell was so bad that we borrowed a couple of gasmasks from the Army, but found it too difficult to work while wearing them.
After some time I asked the Doctor if the Hospital had a portable X- ray machine. It did, and we got hold of it. We eventually located the other bullet with the X- ray. It was lodged in the spine between the fourth and fifth cervical vertebrae, which had closed over it. Without the X-ray we might never have found it.
I took the revolver and the two spent bullets to
In the Territory at that time the trackers were our only forensic section. Taken to the scene of a crime a tracker would usually be able to reconstruct everything that had occurred from tracks and other signs. We could not have done without them.
CONSPIRACY AND CORRUPTION
In 1960 I was the
victim of a gross miscarriage of justice. I was reduced to from the rank of
First Class Sergeant which I had attained by examination and demonstrated
ability in the previous ten years, to the rank of Constable. The miscarriage of justice which resulted in
my reduction in rank was the result of a conspiracy between two senior officers
in the Force, Inspector McKinnon O.I.C. Southern Division, and Acting
Superintendent Bowie, during the absence on annual leave of Superintendent
Graham, the senior serving Officer.
The motive of the
action taken against me by Inspector McKinnon and Acting Superintendent Bowie
was to prevent my transfer to the position of O.I.C Police
As agents of the
Northern Territory Administration these two officers conspired to
have me charged, and
falsely convicted, concerning a course of action I had taken at Tennant Creek in
relation to the control of gambling at Peko Mine. I resigned from the Force as a result of this
demotion. It was clear that I had no
future as a N.T. Police Officer regardless of my demonstrated ability.
As Keith Willey
wrote in “The Eaters of the Lotus” (Page 96): “Kelly claimed that the then
Administrator (Mr. Archer) and Assistant Administrator (Mr. Marsh) had
tolerated S.P. Betting in the Town. (Tennant Creek). The enquiry was closed to the press. Summaries of evidence were issued to newsmen,
but Kelly’s own testimony was never revealed.
So the full facts of the case never came out and many believe Kelly was
given a raw deal in a town (
The action that I
had taken at Peko was fully consistent with the other actions I had taken in
Tennant Creek in relation to gambling, which actions had gained the specific approval
of both Superintendent Graham and of the Administrator of the Northern
Territory, the ex-officio Police Commissioner.
All my actions were taken with the intention of maintaining the Peace.
The purpose of the
conspiracy between these two senior officers had nothing directly to do with
gambling. It was to prevent my transfer
to the position of Sergeant as O.I.C Police Alice Springs, a pending transfer
of which they were aware, but notice of which they had withheld from me, in
breach of the established procedure.
The Notice of my
transfer had been sent to Inspector McKinnon by Superintendent Graham, for
transmission on to me, before the Superintendent went on Annual Leave. The Inspector failed in his duty to forward
this notification to me. He also failed
to forward the notification that Superintendent Graham had gone on leave and that
Inspector Bowie had been appointed as Acting Superintendent. All such communications from Police H.Q. to
Officers in the Southern Division were sent from
Relations between Inspector
McKinnon and me and had a history. While
stationed in
Following that raid
Inspector McKinnon ordered me to make the documents, which I had seized as
evidence, available to the offenders so that they could complete their
transactions. I considered that such
action would make me an accessory to their offences. I refused and asked to be allowed to give my
reasons. I was not allowed by the Inspector
to give my reasons for disobeying what was clearly an unlawful order. I was immediately
suspended from duty by the Inspector and later fined Five Pounds by him for
“disobeying a lawful order”. This fine
was imposed by the Inspector acting as Judge in his own cause.
Inspector McKinnon
made his demand to make the evidence available twice during our conversation,
the first time stating the reason why he wanted the evidence. He repeated the demand in the same
conversation. It was held on appeal that
I was justified in my refusal when the Inspector gave the reason, but I was not
justified in refusing when he repeated the demand in the same conversation without
restating his intention. Inspector McKinnon
had then made the betting records available to the offenders, confirming his
stated intention.
Superintendent
Graham, the most senior Police Officer in the Territory, subsequently sent a
memo to the NT Administrator, who was ex-officio Commissioner of Police,
reporting my action and fine. The Administrator
made a note on my file, asking whether “the act of making these betting slips
available in the way proposed would amount to aiding and abetting the offence”.
This was my reason for not obeying the
order, which Inspector McKinnon had not allowed me to express. The Administrator suggested that a Crown Law
opinion be obtained. There was nothing
on my file to show whether this opinion had been obtained.
My enforcement of
the Lotteries and Gaming Ordinance in
At Tennant Creek: On my
transfer from the position of Police Prosecutor in
Soon after that
event Superintendent Graham from Darwin and Inspector McKinnon of Alice Springs
came to Tennant Creek. Supt. Graham said
that as OIC Tennant Creek it was my responsibility to encourage better
relations between the Police and the public. I considered this situation for some time and
decided that my best course of action would be to institute some form of
control of Gaming that would both benefit the town and would remove any
suggestion that any member of the Force in Tennant Creek was in receipt of
corrupt payments. My primary
responsibility was the maintenance of the Peace and this appeared to require a
change in my previous approach to the strict enforcement of the letter of this
Law.
I decided to institute
a de-facto “licensing” of Betting shops. The SP bookmakers would have to contribute to
a “Tennant Creek Amenities Fund”, as a de facto licence fee. A committee of reputable townspeople, to be
known as the Tennant Creek Advancement Society, would be established to administer
the fund and to set the “licence fee”. I would not be a member of the Advancement
Society.
My idea was that the
Tennant Creek townspeople would know that the bookies were paying for the
privilege of operating, and the fund would be available to support educational,
sporting, social and cultural facilities in Tennant Creek. I drew up the Constitution of the Tennant
Creek Advancement Society, as follows:
The Object of the Society shall
be to assist Tennant Creek Educational, Cultural, Sporting and Social bodies.
The Society shall operate a
fund to be known as the Tennant Creek Amenities Fund.
There shall be both
Contributing Members and Ordinary Members of the Society.
Contributing members shall be
such as are appointed by the OIC Police Tennant Creek. Contributing members shall pay (space left
blank) Pounds per week into the Amenities Fund. (The Committee later decided on
Ten Pounds per week. This was slightly less than the established weekly Basic Wage)
Ordinary members shall be such
as are appointed by the OIC Police Tennant Creek. The OIC Police may appoint such persons as are
nominated by the Contributing Members as Ordinary Members. The OIC Police shall have the power to
dismiss any Member.
Meetings of the Society shall
be held in the months of February, May, August and November each year and such
other times as are necessary. The Office
bearers of the Society shall be a Chairman, Secretary and a Treasurer who shall
be elected by the members at the meeting in February of each year.
A quorum shall consist of the
contributing members and three ordinary members.
At each meeting the amount of
credit of the Fund shall be disclosed and applications for assistance
considered. Payments from the fund shall
be made according to the will of the meeting provided that no such payment
shall be made unless all the contributing members are in favour.
No body shall be granted more
than 25% of available funds at any meeting unless with the unanimous approval
of the meeting. Funds will be
distributed as equitably as possible among the above mentioned bodies.
The fund shall be audited by a
resident Tennant Creek Accountant every December and the Auditor shall report
to the OIC Police Tennant Creek.
I appointed Jack
Ford, Businessman, Charlie Huck, Publican, Bill Hamilton of Native Affairs, and
Jeff Kittle, Businessman, as Ordinary Members. I did not want professional gamblers as
contributing members so I approached “Handlebars” Macintyre, licensee of the
Goldfields Hotel and John Ross, an Electrician, to start one shop and Jack
Meany, of the Works Dept. and Len Pratt, a Miner, to start the other.
Before long
Macintyre and Ross sought permission for Peter Lynch to run their shop as they
said it was not a game for amateurs and they were losing money. Jack Meany later withdrew and was replaced by
Cec. Bourne, the local TAA Agent.
By October 1957 the
system was working well and the attitude towards the Police in Tennant Creek
had improved. Police were now able to
perform individual patrols in the town, no longer having to patrol in pairs, as
had been the case when I took over. Townspeople
were also more forthcoming with both information and assistance. I felt I had achieved what Supt. Graham had sought
in the encouragement of better relations between the Police and the public.
Shortly after I
initiated the Tennant Creek Advancement Society Inspector McKinnon called the members of the Force in
There was no
suggestion by the Inspector of the establishment of an “Alice Springs
Advancement Society”, or an “Alice Springs Amenities Fund” or anything like
it. Reg Harris, businessman of
Peter Lynch, who had
run one of the Betting Shops in Tennant Creek, told me years later in Adelaide that
he had told Lewis and Christensen, who ran one of the Betting Shops in Alice
Springs, that it was costing him Ten Pounds a week to operate in Tennant Creek. This was the rate set by the Tennant Creek Advancement
Committee. They told him he was lucky because
it was costing them Thirty Pounds a week. There were at least two Betting Shops in
In April 1958
Administrative Inspector Stokes came to Tennant Creek. He said that. Neil Hargreave, MLC for
On 3rd
June 1958 the NT Administrator and ex-officio Police Commissioner, Mr. Archer,
came to Tennant Creek to tell me I had been permanently appointed to Tennant
Creek. He asked me to explain the
operations of the Tennant Creek Advancement Society. I explained all that had occurred. He said: “this could cost me my job”. I said that I had no intention of embarrassing
him and that if so instructed I would do all that was possible to stamp out
gaming in the Town and at the Mines. He
replied: “of course such matters are left to the local Sergeant’s discretion”.
Subsequently Mr.
Marsh, then Acting Administrator and Commissioner of Police, came to Tennant
Creek and asked about the scheme. He
greeted the idea saying “this is excellent. Give me all the details and I will
write them down.” I told him and he said
“When I get back to
After the next
sitting of the Council, Len Purkiss showed the draft Bill to me. I saw that it embodied my suggestions. He said he had not presented the Bill as he
had shown the Draft to Neil Hargreaves, MLC for Alice Springs, who said he
would oppose it as it only allowed Betting Shops in Tennant Creek and
Katherine, and not in
Not long after this
Supt. Graham passed through Tennant Creek and I showed him the draft Bill. He asked for a copy. Some time later he contacted me about a
complaint from the Secretary of the Wauchope Racing Club. There had been a Race Meeting at Wauchope that
was not well attended, even though the Tennant Creek Betting Shops were closed
on that day. Supt. Graham asked me if I
had ever “raided” the Betting Shops in Tennant Creek. I replied that the shops would close if I told
them to, and that I would not “raid” a shop that I had permitted to open. He asked for a written report on the
situation, which I provided on 17th November 1958. This report was as follows:
STARTING PRICE BETTING –
TENNANT CREEK
I have to advise there are two
S.P. Betting shops operating in Tennant Creek. Both of these opened with my
sanction.
One shop is operated by Peter
LYNCH, Agent of Tennant Creek and is situated in
The second shop is operated by
Cecil Ivor BOURNE, in partnership with Leonard James PRATT. BOURNE is an investor and PRATT a miner. This shop is situated in a lane off
No complaints have been
received from local persons concerning the operation of the Betting shops. The operators of the shops close down whenever
there is a race meeting within 100 miles of Tennant Creek, of their own
volition.
It is normally the practice for
the S.P. operators to field at any meeting in the vicinity. The only exception to this was the meeting
recently held at Wauchope. This was because of a personal feud between the
Secretary of the Race Club, who is the wife of the Publican at Wauchope, and
Peter LYNCH. I have spoken to both
parties and do not expect a recurrence of the incident.
No raids have been carried out
on these premises. I do not intend to
carry out any raids unless instructed to do so as I feel this would be unfair
to persons who may be found in the shops, and would be inconsistent on my part.
The operators of the shops have
no convictions for Gaming offences and I am certain that if the shops were to
be raided they would close down and remain closed. They would not be willing to have stand-ins
for the occasion as this would smack of collusion.
As I have previously intimated
to yourself and to the Commissioner I will immediately close the shops if
instructed to do so. Forwarded for your
information.
(Signed) A.B. Kelly
Sgt
1/C
Officer
in Charge
During this time
there were still gambling games at the mines, which occasionally gave rise to
trouble. There were suggestions of crooked dice being used in these games. One miner lost his pay, stole someone else’s
and lost most of that. He was arrested
and charged. Raiding games at the mines
was difficult because of their variable locations around the Mine sites, and because
there could be a number of games going at the one time.
After discussion
with the Tennant Creek Advancement Society I decided to permit a single game in
a quiet location in Tennant Creek on similar terms to those under which the Betting
Shops were then operating. This had to
be a clean game. Where there had
previously been up to three games at Peko Mine, the number of games were
reduced to one, in Tennant Creek. However
after a fight at the town game I closed it down.
Peter Lynch then suggested
that poker machines be made available at the Peko Mine Club, as an alternative
to the type of games that could be rigged.
The suspected rigging of games was generally the reason why fights had
broken out at games.
I suggested to Peter
Lynch he take the matter up directly with both the Tennant Creek Advancement
Society and the Peko Club, as the system that I had initiated in Tennant Creek
had worked well. This would be a further
application of the principle that I had initially applied to maintain the Peace
in permitting the Betting Shops to open.
A further
consideration was that it was also impossible to police the unlawful games at
the Mines with the resources available to me.
It would also ensure a benefit to the relevant community. The profits from the Poker machines would go directly
to the Peko Mine Club, a cooperative venture.
About 20th
August 1959 I drove from
I told him I had
suspected Delhunty of using crooked dice so with Constable Wilson I had stopped
and searched Delhunty and his vehicle on the
Inspector McKinnon
denied all knowledge of the
Inspector McKinnon then
suggested that we pull off the road to make a cup of tea. This was a bit odd as we had already driven
past places where we could have got refreshment. While I was crouched over the fire boiling
the Billy, I heard the crack of a gun and a bullet buzzed past my ear.
I turned and saw
McKinnon holding his pistol. He was
about ten feet away. He said: “It went
off.” Nothing more was said about it. I was not armed and I assumed he was trying to
intimidate me. There was no occasion for
him to draw his pistol. We did not
normally carry guns in those days. On reflection, and knowing now that McKinnon
would by then have known of my proposed transfer as OIC Police Alice Springs, which
he was determined to prevent, he may either have been trying to shoot me or more
likely, to provoke a response from me which could justify his shooting me. There would be no independent witnesses. He used to boast about the number of Aborigines
he had shot in the past. I visited
On 4th
December 1959 Inspector McKinnon arrived in Tennant Creek. He did not come to the Police Station but
raided the Peko Club, seizing the Poker machines and arresting a person. He then suspended me from duty for allowing
gambling at Peko.
He subsequently informed
me he had lifted my suspension and asked me to prosecute the person he had
charged with gaming at Peko. This person
was not known to me or to any of the Police at Tennant Creek. He had no Police record at Tennant Creek. He
pleaded guilty and was convicted.
After the hearing
Inspector McKinnon reinstated my suspension. No reason was given. During the hearing I had advised the Bench
that nothing was known of the offender as he had no record in Tennant
Creek. Inspector McKinnon was in the Court,
but he said nothing. I later discovered Inspector
McKinnon knew this person, who had a record in
It was standard Police
practice for a Prosecutor to advise the Court that nothing was known of an
offender if the Prosecutor had no official record to produce. The Inspector suspended me again immediately
after the hearing and further charged me with neglect of duty for not producing
the offender’s record. It became clear to
me that the Inspector was determined to “fit me up”. As I had accrued a further charge for not
presenting a record of conviction which did not exist at Tennant Creek, I
refused to cooperate further with Inspector McKinnon. I fully expected that I would be supported by
Superintendent Graham and by the Northern Territory Administrator, not knowing
that the Superintendent had gone South on leave.
The hearing of the
charges filed by the Inspector against me in
At the hearing by
the Police Disciplinary Board in Alice Springs I was fined for not producing
the defendant’s record, which apparently existed in
I was also fined for
“instructing an officer his command not to take action in respect of an
unlawful game” despite the fact that no such instruction had ever been given, or
would be given by me, for “failing to take action in respect of an unlawful
game in a recreation hut at Peko Mine” and “for failing to perform his duty in
respect of an unlawful game at the rear of the Tennant Creek Hotel”. These charges all defied the reality, which I
have set out above, but they resulted in my being reduced to the rank of
Constable. I realised I had no future
in the Force while Inspector McKinnon was still in it, so I resigned from the Police
Force.
In 1992 I got the
opportunity to view my Darwin Police File in Alice Springs, thanks to the then
O.I.C. Alice Springs Police, Sgt. Andy McNeil. I discovered that on the 4th
December 1959, while Superintendent Graham was on leave, Inspector McKinnon had
sent Acting Superintendent Bowie a cryptic telegram: “Patrolling today as
discussed”. This obviously referred to
his visit to Peko Mine. A copy of this
telegram had been placed on my file in
The placing of this
copy on my file clearly indicated that the Inspector’s visit to Tennant Creek
was part of the conspiracy between McKinnon and Bowie to get rid of me. There could be no other reason for such a
communication to be placed on my file. I
also discovered that before going on leave Superintendent Graham had issued an
order that after my forthcoming leave I was to return to Alice Springs as O.I.C
Police at
When Superintendent
Graham went South on leave Inspector Bowie became Acting Superintendent. I had not been notified of this change in
command. Such changes in command were
always formally notified but these notifications were sent through Inspector
McKinnon, as O.I.C. Southern Division. Neither
news of Superintendent Graham’s temporary replacement by Inspector Bowie, nor
my impending transfer to
What precipitated
Inspector McKinnon’s action against me was my impending transfer as O.I.C.
Alice Springs, and the effect that this would have had on his receipt of
corrupt payments. As my actions in
permitting controlled gambling in Tennant Creek had been explained and endorsed
by both the Administrator and by Superintendent Graham, I reasonably expected that
the Superintendent would intervene in the Kafkaesque situation in which I found
myself, not being aware that the Superintendent had gone South on leave.
I was never corrupt
as a Police Officer. The only corruption
of which I was ever aware was that of Inspector McKinnon. This corruption was aided and abetted by
Inspector Bowie when he became acting Superintendent. After Superintendent Graham died his widow
phoned me in
My family and I have
carried the burden of this injustice for over 50 years, with “The Centralian
Advocate” giving those charges and my convictions by the Board a front page
re-run recently. The whole affair was
particularly hard on my wife, recently deceased, who was a member of a highly
respected
In fairness I should
be publicly cleared by the N.T. Administration of the phoney charges on which I
was convicted because Justice, while long delayed, should be done and be seen
to be done. What I have set out above can
be confirmed by the Territory authorities by reference to relevant files in the
N.T. Archives.
I should also receive some recompense for the
damage done to my reputation, and the effect that this corrupt action had on my
potential Police career. My subsequent
career took me no higher than a role as a Union Secretary.
I gained my
Doctorate in Philosophy at