HE’S the man everyone has been waiting to hear from.
NSW Police commissioner Andrew Scipione has today finally fronted the inquest into the deaths arising from the Lindt Café siege as the last witness in the 18-month-long probe.
Just moments after Mr Scipione stepped into the witness box, counsel assisting Jeremy Gormly SC accused him of “interfering†in police operational matters during the siege, which ended after 17 hours on December 16, 2014.
The inquest heard earlier this week that Mr Scipione, who clocked off just after 10pm in the final hours of the deadly siege, sent police commander Mark Jenkins and acting deputy commissioner Jeff Loy an email just before midnight.
The email was in relation to a video gunman Man Haron Monis had forced a hostage to make and post on YouTube during the siege. In the clip, hostage Marcia Mikhael relayed Monis’ demands and declared “police (were) doing nothing†to help.
Mr Scipione, whose role was executive and not operational, wrote in the email that the video should be taken down as soon as possible.
The email included a link to the video, the inquest heard.
“This has just been sent to me … let’s move to pull it down ASAP. I’ll leave it with you,†Mr Scipione wrote.
Mr Gormly today asked Mr Scipione if he had “suggest(ed) the pulling down of this video because it contained criticisms of policeâ€.
“Absolutely not,†Mr Scipione said.
“Police are criticised every day. That’s a part of our business. That was not an issue … at any time.
“It had already started to rear its head,†he told the inquest.
Mr Scipione rejected accusations that his email contained an order for the video to be taken down. He said it was merely “advice†that he didn’t follow up on. He feared the video would prompt “reprisals and retaliations†from community groups, the inquest heard.
“It was not my role to make operational decisions or recommendations,†Mr Scipione said.
“(My email) was on the basis of ‘I’ll leave it with you’ to make decisions effectively … they had already made the decision … before I had even sent the email.â€
Mr Gormly said the email was “as close to a direction as one could getâ€.
According to Mr Gormly, the move to pull the video down should have been made only by a police commander in an operational role.
He said the danger of an executive giving instructions to remove the clip without having the information to fully assess the consequences was that it “could (have) create(d) increased tension inside the strongholdâ€.
Counsel for Katrina Dawson’s family, Phillip Boulten SC, suggested earlier this week that senior police should have considered the “consequences inside the stronghold†before “taking down the videoâ€.
NSW Coroner Michael Barnes has called the state’s most senior police officer to the inquest to determine if they “intruded†into the operational area of the police response, or failed to do so when they should have. Mr Scipione’s deputy Catherine Burn and Mr Loy testified earlier this week.
Central to questions levelled at the three senior police were conversations each had with police commander Mark Jenkins, who was in charge during the final moments of the 17-hour siege, that left cafe manager Tori Johnson and barrister Katrina Dawson dead. Monis was killed by police.
According to each of the top cops, none of their work on the night was “operationalâ€.
Last month, police counsel Dr Ian Freckelton told the inquest neither Mr Loy, Ms Burn or Mr Scipione had anything to do with management of the siege.
“They did not give any order, direction or provide any guidance or advice in respect of the conduct of the siege on the day,†Dr Freckelton said.
Mr Gormly today described the Lindt Café siege as “the first time Australia had experienced a (terrorist siege event)â€.
“It was a significant one … iconic ... in the heart of Sydney. It was no doubt, in your point of view, (up to you to) ensure as best you could it was handled well,†Mr Gormly said.
“Absolutely,†Mr Scipione said.
“There is a no-win situation for police. You’re damned if you do and damned if you don’t.
“The one thing that was driving me was the safe release of every single person in the stronghold … that’s what was consuming me … that’s what I was looking and hoping for. That’s what I know these commanders and everyone involved in this (siege) were hoping for … we had men prepared to give up their lives.â€
Police raided the cafe after gunman Monis executed hostage Tori Johnson at point blank range at 2.13am on December 16, 2014. Barrister and mother-of-three, Katrina Dawson, 38, was killed in the crossfire by fragments of police bullets.
FAMILY AND FRIENDS OF SLAIN HOSTAGES PACK THE INQUEST
Former hostages and family members of slain siege victims Katrina Dawson and Tori Johnson are among those who have packed the courtroom to hear the commissioner’s testimony, which is expected to run into the night. The victim’s families had earlier lobbied for the top cop and his senior colleagues to take the stand. Mr Scipione is the last of the state’s top cops to testify at the inquest although fresh calls for NSW premier Mike Baird to be called to give evidence might see the public hearings extended. One month after the siege, NSW Premier Mike Baird praised the commissioners.
“I worked alongside Deputy Commissioner Catherine Burn throughout the entire siege,†Mr Baird said.
“I have nothing but admiration, respect and gratitude for the incredible work she did. That goes for the other police officers involved, all the way up to Commissioner Andrew Scipione.â€
The Lindt Café siege probe is one of the longest inquests in the state’s history, along with the inquests into the Thredbo disaster; the Sydney to Hobart disaster; and Diane Brimble’s cruise ship death.
Earlier, a fiery exchange erupted between barristers as Ms Burn entered her third day of evidence.
Counsel for slain hostage Tori Johnson’s family, Gabrielle Bashir SC, pressed Ms Burn for answers about whether or not she was monitoring the siege from home at 2.03am, when gunman Man Haron Monis fired his first gunshots at escaping hostages.
The inquest has previously heard Ms Burn, who is also the state’s head of counter-terrorism, was sent home while other hostages were still being held inside the cafe by the terrorist, just after 10pm.
“Were you monitoring the siege from home at 2.03am?†Ms Bashir asked.
The question prompted an explosive objection from police counsel, Ian Freckleton QC.
“You had evidence in front of you she was ordered home to be fresh the next morning,†Dr Freckleton said.
“(Ms Bashir) continues to suggest … there was something untoward.
“Of course she was not monitoring things in any consistent way when she was ordered to be away.
“If she’s not monitoring when there (because her role isn’t operation), she’s not going to be when home.â€
Dr Freckleton went on to accuse Ms Bashir of being a “sensationalist†and trying to “sully the name†of Ms Burn through her line of questioning.
“It is reprehensible, it is improper. It should not be permitted to continue,†he said.
Counsel for the Katrina Dawson family, Phillip Boulten SC, interjected and slammed Dr Freckleton’s comments.
“For a police barrister to stand up and accuse counsel of being improper … it’s disgusting,†Mr Boulten said.
Counsel assisting the coroner Jeremy Gormly also objected to Ms Bashir’s question on the basis Ms Burn’s role was not operational.
“What she was doing at 2.03am when she was at home I would submit is irrelevant,†Mr Gormly said.
“What we’re likely to have (if the question is allowed) is a confusion between what an executive officer was doing at home and what needed to be done by operational officers.â€
NSW Coroner Michael Barnes upheld Mr Gormly’s objection.
Ms Burn is one of three of the state’s most senior police called to the stand to determine if they “intruded†into the operational area of the police response to the siege, or failed to do so when they should have.
Ms Burn has continued to face an intense grilling on the stand today in relation to her role and apparent “hands-off†approach on the night of the incident.
There is a particular focus on a series of text messages, notes and communications between Ms Burn, Police Commissioner Andrew Scipione and commander Mark Jenkins.
Ms Burn told the inquest today she deleted her text messages because she wasn’t “an involved person†and didn’t think they had “relevanceâ€.
It was revealed yesterday that one of the missing text messages sent from Police Commissioner Andrew Scipione to Ms Burn, which she emailed to herself at 10.57pm on the night of the siege, had suddenly been found. The message had not been submitted as evidence by Ms Burn when first requested. The court heard that the message proved the top cops were aware that police were ill-equipped, despite earlier denials, during the response to the ordeal.
“I’ve had a quick chance to talk to the SSG (Special Services Group) team that were forward tonight and it’s apparent we should prepare a fresh bid for any new equipment that is necessary,†the text message from Mr Scipione read.
“Can you please get advice from Mal as to any electronic imaging/audio intelligence gathering equipment we may need for the future … I will need this soon in order to make sure we are appropriately prepared for the future. I’m happy to discuss in the morning.
“Thanks for your hard work today, see you bright and early in the morning, regards Andrew.â€
Mr Gormly said he wanted to know how the email came to be discovered so the inquest had a “step by step explanation for itâ€.
“My understanding is the email had been detected earlier than Thursday night.â€
Mr Scipione addressed the media earlier on Wednesday prior to giving evidence.
“Can I just say today is part of a very, very important process, it’s something we’ve supported from the beginning,†Mr Scipione told media outside the court today.
“I’m here today certainly to assist the coroner in that process. I’m at the end of a long line of NSW Police. I can’t go into the evidence, you will understand that, but what I will say is two young Australians lost their lives here and we need to make sure we are doing all we can to make sure that never happens again.â€
The inquest continues.