David Bartlett, MP
Monday, 1 February 2010
Resolution of Jack Johnston complaints
Premier David Bartlett today announced that a resolution has been achieved in the code of conduct complaints against Police Commissioner Jack Johnston.
“I have been advised by the Hon. Geoffrey Eames AM QC that all parties, including Mr Johnston, have agreed that the code of conduct complaints can be resolved by Mr Johnston resigning from his appointments as Commissioner of Police and Secretary, Department of Police and Emergency Management.
“This is on the basis of agreed terms of separation for Mr Johnston and the complainants withdrawing their complaints and agreeing that they be dismissed without investigation.”
In his letter to the Premier Mr Eames recommends:
“It is in the public interest that these complaints be resolved as the parties propose. The complaints are nearly two years old and, unless conciliated, the considerable emotional and financial costs that have accompanied them to date would continue and intensify over considerable time, to the detriment of important public institutions and all the people involved.
“I have accepted this recommendation and thank all involved for their willingness to conciliate these complaints.
“It is often not easy to put the public interest before strongly held personal views,” Mr Bartlett said.
The terms of Mr Johnston’s separation are:
· The Crown will pay Mr Johnston’s legal costs of and incidental to both the criminal proceedings and the code of conduct matter. This amounts to $425,000.
· The Crown is to provide an indemnity in respect of all legal costs and disbursements reasonably incurred by Mr Johnston hereafter in defending or otherwise opposing any criminal proceedings instituted against him by the Crown, and which are based on or otherwise depend upon the same facts and matters which formed the basis of any of those charges against Mr Johnston which were permanently stayed by order of Justice Evans on 5 August 2009.
· Mr Johnston will also receive a payment of 75% of his annual remuneration of $244,899 per annum plus other entitlements, in line with his contractual entitlements.
Mr Bartlett also confirmed that he had written a personal letter to Mr Johnston thanking him for his 42 years of service to Tasmania Police and the public service generally.
Mr Ellis and Mr Miller have written withdrawing their complaints.
Mr Bartlett also released a letter and full statement from Mr Eames in relation to the conciliated resolution.