New South Wale's former homicide squad boss concedes it's "extraordinary" a secret strike force effectively reversed coronial findings over the suspected gay-hate deaths of three men in the 1980s without speaking to any persons of interest.
- An inquest in 2003 found three men had likely died in a gay-hate homicide
- Their deaths were reinvestigated and found other means of death were "more likely"
- The inquiry heard police reversed the decision of the coroner in each case
Mick Willing, who commanded the homicide squad between 2011 and 2017, is giving evidence at a special commission of inquiry into suspected LGBT hate deaths in NSW between 1970 and 2010.
Among dozens of cases within the inquiry's scope are the deaths of French national Gilles Mattaini in September 1985, along with barman John Russell and television newsreader Ross Warren, both in 1989.
Following a lengthy inquest in 2003 and 2004, deputy state coroner Jacqueline Milledge made findings that Mr Warren and Mr Russell were the victims of gay hate-related homicides — and there was a strong possibility Mr Mattaini's death involved similar circumstances.
But, the current inquiry has heard a team of investigators known as Strike Force Neiwand, established in 2015, re-investigated the three deaths.
It concluded, in 2017, that each should be treated as "inactive" and "not to be revived", as counsel assisting Peter Gray SC put it unless new information came to light, and that while homicide couldn't be ruled out, other causes of death were "as likely or more likely" in each case.
The inquiry was shown an email from a strike force Neiwand member at the beginning of its work, attaching a list of between 50 and 100 persons of interest.
But progress reports, also shown to Mr Willing, suggested there was no real attempt to pursue suspects and instead investigators focused on victimology and theories of suicide or misadventure.
The commissioner, Justice John Sackar, put it to the witness that it was "pretty breathtaking" NSW police internally reversed the decision of the coroner, who sat for a lengthy period and heard from many witnesses, without having spoken to one person of interest.
"It's extraordinary, isn't it?" Mr Sackar said.
"Yes," Mr Willing replied.
It was revealed deputy state coroner Milledge was never informed of the strike force's conclusion.
Mr Willing conceded she should have been notified "as a courtesy perhaps".
The former deputy commissioner insisted the cases weren't "closed" but were "made inactive".
"Well, let's not debate that point, but coroner Millage's findings were in effect reversed," Mr Sackar asked.
Mr Willing agreed.
He said he was not aware whether the families of the three men were informed of the outcome, but agreed in the circumstances they should have been.
Mr Gray asked Mr Willing whether the strikeforce was not a re-investigation but rather an exercise in analysing the previous police investigations and criticising them "where possible".
"I agree that that's the course of action that ultimately seems to have evolved, not the intent of the original establishment of Neiwand," he said.
"I can't comment whether that was the motivation ... certainly not mine."
The inquiry continues.