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Operations Target Committee and, in the case of public officers who were cleared, there was an agreed procedure for putting this on record. It was not practicable, and often positively undesirable, to make public statements which could only indicate, for example, that the evidence was insufficient to proceed. On only two occasions had the ICAC acted contrary to the law, and one of these was on the AG's advice. Both cases were trivial and any serious cases would be prosecuted at once by the Police. Despite Mr. Macoun's report, it was not the CP's view that the morale of the Police Force was at a low ebb at any level, certainly not at the higher levels.
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As far as "inquisitorial" methods were concerned, the powers of ICAC officers were backed by statute, they acted scrupulously within those powers and it would be improper to attempt to interfere. No cases had been proved, and it was not in fact in the interests of successful investigation to lean too heavily on suspects. Very few statements obtained by ICAC had been rejected by the courts. The ICAC had become "respectable" to the extent that there was no longer any difficulty in persuading Crown Counsel to work on ICAC cases. Mr. Stewart said that Mr. Macoun was concerned that, although an initial lowering of police morale was to be expected, this had continued. He felt that senior officers in the Force had little real contact with the junior ranks and that the Force was still too inbred. It was clear that there were few facts and plenty of opinions but Ministers had now suggested some form of check on ICAC methods on four occasions, especially since UMELCO had no power to hear complaints from public servants. Mr. Stewart asked whether anything could be done.
19.
It was noted that any Ombudsman would need his own investigators if he was to be effective. There was also the problem of his jurisdiction. There were already sufficient appeal procedures and he would only be left with the details of cases. His powers could not be restricted to ICAC activities and would also have to apply to police investigations. If established without a proved need, his office could only serve to weaken ICAC and suggest an unjustified lack of confidence in that organisation. It was in any case intended to review the operation of ICAC in 1978/79.
20.
These matters would now be considered further before a reply was sent to Mr. Stewart's letter of the 28th February, 1977.