Geoffrey Watson: Top lawyer slams six inquiries into Bondi Beach massacre as ‘unnecessary duplication’

Too many inquiries are being conducted into the Bondi Beach massacre, according to a top Sydney barrister, and could backfire by issuing competing recommendations or findings.

Six separate inquiries and investigations into the December 14 terrorist attack have been commissioned or are being considered, potentially making it the most officially scrutinised individual act of violence in Australian history.

Geoffrey Watson, SC, who led one of NSW’s top anti-corruption inquiries, said officials needed to act now to avoid a bureaucratic doubling up that will waste government resources and make it harder to reach agreement on how the attack could have been prevented and stop future terrorist acts.

“That obvious unnecessary duplication of inquiries will probably lead to inconsistent outcomes and differing opinions, casting a shadow over the whole of the process,” he said. “There needs to be some sensible streamlining so unnecessary duplication is avoided.”

While Anthony Albanese boasted on Friday of initiating the judicial-type inquiry in “record time,” one of the most significant questions raised by the attack – whether the police response was fast or aggressive enough – may take years to answer.

Police investigating police

In addition the federal royal commission, the Australian Federal Police plans to appoint a former senior officer to review any failures by its counter-terrorist teams, which reportedly suffered budget cuts before the attack, or other units.

One source said initial discussions between NSW and the federal government focused on a joint inquiry with the power to gather evidence from law-enforcement agencies at both levels.

After Mr Albanese decided to a create federal royal commission under retired High Court judge Virginia Bell, NSW Premier Chris Minns said on Friday he was considering a state-based non-parliamentary inquiry that could consider mistakes at the state level.

A coronial inquest into the deaths of the 15 victims and shooter Sajid Akram is expected to examine the police response to the attack, which has been criticised by some survivors but staunchly defended by the government and police commissioner, Mal Lanyon.

The NSW Police Force is conducting an investigation into the shooting of Akram by at least one police officer. That investigation is being monitored by the state’s Law Enforcement Conduct Commission.

Clash

The murder prosecution of Akram’s son, alleged co-conspirator Naveed Akram, will incorporate the findings of a federal and state police and ASIO investigation into the preparations for the attack and alleged motives. Mr Akram hasn’t entered a plea to the 59 charges against him, making it unclear how much information gathered by the police will become public.

One of the original reasons the federal government was reluctant to start a royal commission, which can compel witnesses to give evidence, is over concerns it could clash with Mr Akram’s prosecution.

The police evidence against him is due to be shared with his lawyers by April 8. Long waiting times in the NSW court system mean Mr Akram may not face court until 2027, after the royal commission’s December 14 deadline.

A coronial investigation that could examine how quickly police officers responded to the attack, and whether they were appropriately trained or armed, cannot start until the criminal charges against Mr Akram are resolved and he has had a chance to appeal any judgment against him.

Unarmed guards

While the NSW Parliament was recalled in the days before Christmas to ban anti-Israel and other political protests across the state, Mr Minns’ state-based inquiry could examine the police response, potentially circumventing an inquest far in the future.

The inquiry might also ask whether it was a mistake to prohibit Jewish security guards at the Chanukah by the Sea event from carrying guns, which they are allowed to do when protecting synagogues and schools.

“I don’t want that to read that we’ve got any concerns about a Commonwealth royal commission,” Mr Minns said. “There are certain issues that are particular to New South Wales, particularly in relation to police activity on the day, the number of police, ongoing security for the Jewish community that might require a quicker determination.”

The Federal royal commission combines two inquiries. Former public servant Dennis Richardson is investigating the federal law enforcement and intelligence agencies. Former High Court judge Virginia Bell is examining the terrorist attack itself and the broader problem of anti-Semitism.

Jewish groups hope publicity generated by the royal commission will help reduce anti-Jewish attacks.

“As an Australian citizen, not just as a Jewish citizen, I want to feel safe,” said Golda Dunn, a 44-year-old who escaped from the gunmen with her two children and knew four of the victims. “I don’t want police patrolling my synagogue. I don’t want to hear helicopters every night. I don’t want to live like this.”

With Stephen Johnson and Andrew Greene