Patrick O'Brien - what's to investigate?

Inquiry into cop who lied in court
By Jared Savage

Patrick O'Brien was honoured for his undercover work. A criminal investigation is under way into an undercover police officer's confession that he lied in court and wrongfully sent at least 150 people to prison.

Patrick O'Brien wrote to Chief Justice Dame Sian Elias and former Police Commissioner Howard Broad admitting to perjury, saying he was racked with guilt after carrying a "dreadful secret" for more than 30 years.

He was an undercover agent in drugs operations in the 1970s, immersed in the criminal underworld and the star Crown witness in the resulting court trials.

But Mr O'Brien says he lied on oath every time he testified, and sent a confession letter in November 2007.

The police hired Wellington lawyer Bruce Squire, QC, to investigate.

He interviewed Mr O'Brien in July 2009, and reviewed court files dating back to 1974. Mr Squire finished his inquiry and sent his report to the police, but would not comment on his conclusions.

He said the report was sent to police more than a year ago.

His terms of reference were to confirm the truth of Mr O'Brien's allegations and determine whether police should investigate.

Now, the file has been handed to Detective Inspector Bruce Scott, head of the Waitemata district CIB, to look further into the perjury claims.

Mr Scott emailed Mr O'Brien last week requesting a meeting.

"As a result of Mr Bruce Squire's report, the former Deputy Commissioner directed that I make enquiries into the matters raised by you and consider any criminal liability," Mr Scott wrote.

"I have read the report produced by Mr Squire and also read the interview conducted with you. I have further looked at the evidence that you gave in Court from the transcripts that were available to Mr Squire.

"I am wanting to know if there is any other information that you have that may assist me in determining any criminal liability, or are there other persons that you consider need to be spoken to that could assist an enquiry relating to these matters?"

Mr O'Brien said he would co-operate fully with the inquiry and plead guilty to any charges.

In his confession, he said he could not guess the number of people who were convicted and imprisoned "because of my lies" as he stopped counting arrests at 150, halfway through his three-year undercover stint.

"In every case I lied to the courts and I lied to the juries to obtain convictions against my targets.

"Telling lies was easy - 'policemen don't tell lies' - and my targets never stood a chance."

Mr O'Brien said he was often high on drugs, including cannabis, cocaine, heroin and LSD, during undercover operations. But he denied this when questioned at trials.

He now considers he was a drug addict at that time in his life.

In some cases, Mr O'Brien said he directly lied and said people sold him drugs - when they did not.

Tampering with evidence was also common, he said. Often the exhibit before the court was not the drugs he bought from the target.

The shame and stress of the work broke Mr O'Brien. He resigned from the police and fled New Zealand, "haunted, traumatised and scared".

"My life since has been a tragic waste; running, always running, but never able to lose the demons that rush around in my head."

Mr O'Brien was honoured for his undercover work by former Governor-General Sir David Beattie, who as a judge presided over a series of drug trials in the High Court at Hamilton in 1974.

Sir David wrote a glowing commendation of the young constable to Police Commissioner Ken Burnside, describing him as a credible witness.

But Mr O'Brien confessed to Dame Sian: "In every case and on every charge, I lied to Sir David and I lied to his juries."

What he did

Patrick John O'Brien was an undercover police officer between 1974 and 1977. He says he committed perjury by telling lies while giving evidence at trial, and that he:

* Was often high on drugs while undercover, but denied ever using drugs when giving evidence at trials.

* Asked a suspected burglar to help break into a pharmacy in Hamilton but told a jury the man invited him, and he denied "entrapment".

* Told a jury that an accused drug dealer sold "buddha sticks" to him. The drugs were actually sold to someone else.

* Tampered with evidence by skimming drugs from bags for his own use.

What a trail of crap the public are being fed here. Patrick O'Brien has confessed, to the Chief Justice, a Former Commissioner, no doubt to Bruce Squire QC and more evidently to the public.

The head of CIB in West Auckand "Mr Scott emailed Mr O'Brien last week requesting a meeting.

"As a result of Mr Bruce Squire's report, the former Deputy Commissioner directed that I make enquiries into the matters raised by you and consider any criminal liability," Mr Scott wrote. Has been asked to enquire into the matter. That will make at least 2 Police Officers (including an ex Commissioner,) the Current Chief Justice, a QC, and about 1 million New Zealanders. Patrick has admitted perjury and other crimes when working as a police officer, has said that he will plead guilty if charged. One can hardly wonder what more proof the police need, maybe a Royal Commission of Inquiry?

Every police officer in NZ knows what to do when somebody confesses to a crime, but in this case we see years of dithering. I accept the police have been made to feel uncomfortable by one of their ex-members, but discomfort or not they're obliged to act, particularly in a case which is so straight forward. It would seem that some senior police view this as a case to be ignored in the belief that it might go away. Those with that view add to the difficulties of a police force already under public scrutiny, they should show leadership to give both serving police and the public confidence. Patrick should be charged with every crime he has admitted. There was once a practice (and probably still is) where compliant convicts admitted a cluster of outstanding crimes (whether they might have done them or not) in order to help police clear unsolved crimes, in return they were rewarded in some way. Disposing of unsolved crimes in a convenient way hasn't been an aversion to police in the past, why one must wonder do police, QC's, Judges the lot ignore a compliant confessor of crimes against justice - the very core of that which those concerned are sworn, or warranted to uphold.

Nothing personal about Patrick O'Brien here, he seems to be very troubled by what has happened in his life, hardly a survivor of having taken the risk to work undercover. What might be odd is that he has the moral compass to feel defeated and in debt to what he did earlier in his life. In fact he probably simply expedited the imprisonment of crooks, cut corners, saw the prevailing wind was that the ends justified the means, went along with things, taking advantage of what he could for himself along the way, acted no differently than other colleagues of his. I wouldn't wish an hours imprisonment on him. The guy is a hero for the truth and he's calling out loudly that the king has no clothes, but the king dithers uncomfortably at the wretch who calls out. The king is uncomfortable with the truth.