



Linnell spared jail over lies, leaks


Sarah-Jane Collins

Former police media boss Stephen Linnell was this morning spared jail for lying to a secret police hearing and passing on confidential information to other police members.

Linnell was this morning sentenced in Melbourne Magistrates Court to eight months in prison, wholly suspended for two years, and fined $5000.

For Linnell, today's sentence brings to a close his role in a scandal that rocked Victoria Police, drawing in figures including former assistant commissioner Noel Ashby and union boss Paul Mullett.

At a plea hearing in the Melbourne Magistrates Court last month, Ron Gipp, for Linnell said his client became involved in the leaks because of his close relationship with Ashby.

It was a relationship that would have disastrous consequences as a series of explosive Office of Police Integrity hearings in 2007 exposed the two men to criminal charges and cost them their careers.

Linnell, 40, of Wyndham Vale, pleaded guilty in the Melbourne Magistrates Court to three counts of perjury and three of disclosing a confidential hearing.

The court heard he would also testify against Ashby and Police Association secretary Paul Mullett.

Both have pleaded not guilty to charges including perjury and attempting to pervert the course of justice arising from the OPI investigation.

The court heard that as an investigation into possible police involvement in the 2003 murder of prostitute Shane Chartres-Abbott began gathering steam, he leaked sensitive information to Ashby in an attempt to protect him.

The pair became targets of the probe themselves when information about Operation Briars was leaked to The Age.

Linnell was called to a secret OPI hearing where he lied to investigators about whether he had disclosed to anyone that he had been summonsed to appear.

The court heard that Linnell had felt pressured to lie to help Ashby.

At a public hearing on November 12, Linnell admitted he had lied at previous hearings and resigned from Victoria Police. He was subsequently charged, began assisting police in December that year and formally indicated his intention to plead guilty last November.

Magistrate Peter Couzens said that although Linnell's conduct was most serious, it had never jeopardised an investigation because from the start police investigators knew of his lies.

"(Perjury) is not simply a crime that undermines the system of justice ... or the role of the OPI, but is also an offence that is difficult to detect.

"It may also take a long time, as we have seen in the case involving former justice Einfeld. That is not the case here.

"When you gave your evidence it was already known to investigators because they had been tapping your phone."

He said that Linnell had acted out of self-interest.

"It is clear to me having read the transcripts that you were concerned also about protecting yourself."

But Mr Couzens said due to Linnell's remorse, early guilty plea and a combination of other factors, a suspended sentence was appropriate.

Linnell was supported in court by a large number of family and friends who were visibly relived when the sentence was read out.

He declined to comment outside court.

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