A child victim of family violence perpetrated by his police officer stepfather says he has been traumatised all over again after a recent investigation ordered by Victoria Police's internal integrity unit disregarded his evidence.
Warning: This article contains details that some readers may find distressing.
Between 2017 and 2020, Liam*, now 15, experienced and witnessed violence at the hands of then-Leading Senior Constable John*, who was in a relationship with his mother, Michelle*.
The December 2021 Professional Standards Command (PSC) findings originated from events that occurred in the wake of a serious family violence incident on July 4, 2018, when police were called after John bashed Michelle and choked her until she was unconscious while her two children were home.
Despite John being convicted of family violence offences in 2020, Michelle and Liam say the subsequent police investigations into his abuse were flawed.
The conduct of police investigating Michelle and Liam's case has resulted in multiple referrals to Victoria's anti-corruption agency IBAC, with two complaints substantiated so far and multiple officers recommended for "workplace guidance".
In December last year an internal investigation by PSC found a further three allegations of police duty failures could not be proven, in part because the investigator, Inspector Jon Woodyatt, deemed Liam's evidence unreliable.
Inspector Woodyatt is now the staff officer to the Assistant Commissioner of Family Violence Command Lauren Callaway, but Victoria Police say he was not in that position when he was allocated the internal investigation.
Liam said reading the outcome of Inspector Woodyatt's investigation "really knocked me 'round".
"I've seen horrible things, I've experienced horrible things," Liam said.
Findings appealed
Michelle has written to Victoria Police and IBAC to appeal the findings of Inspector Woodyatt's investigation.
"[Victoria Police] have a significant cultural problem, and no amount of training gets rid of a cultural problem — only accountability does," Michelle said.
In a statement, Assistant Commissioner Callaway said Victoria Police was committed to holding perpetrators within the organisation to account.
"Victoria Police in November last year became the first police force in Australia to establish a new team specifically tasked with investigating employees accused of perpetrating family violence," she said.
"We have also introduced a new standalone policy which removes inconsistencies in how cases are handled and ensures there is no special treatment for police."
Liam says the way the investigation was carried out calls into question statements police have made about caring for child victims of family violence, like him and his younger sister.
"Police don't see us as victims in our own right, we are just seen as extensions of our parents when we're not," he said.
"Children are half of all family violence victims and a kid a fortnight is killed due to family violence and we're just invisible.
Assistant Commissioner Callaway said child safety was a pillar of Victoria Police's strategy to reduce family and sexual violence.
"Victoria Police continues to enhance its policing response to child safety through policy and practice improvements," she said.
"Every police officer responding to a family violence incident must complete a risk assessment which specifically asks whether children are present and any risks to their safety.
"If police are worried about a child's safety they can make specific referrals to protect them from further harm."
There are also questions about how NSW police handles domestic violence in its ranks.
FOI documents have revealed six senior NSW officers who recently committed serious domestic violence offences kept their jobs.
NSW Police Commissioner Karen Webb said she had "zero tolerance" for domestic violence, but that attempts to sack officers could be appealed and were not always successful.
'A man with nothing to lose'
In the days following the assault on July 4, 2018, Michelle texted a number of Victoria Police members expressing concerns about her safety, including one of John's superiors, Acting Senior Sergeant Sean Gallagher.
Michelle alleges Acting Senior Sergeant Gallagher and another officer called her and said she should not put accusations like that in writing.
On the evening of July 5, Michelle and Liam claim Acting Senior Sergeant Gallagher came to their house and said words to the effect that "a man with nothing to lose is a dangerous man".
They say they took this as a warning that they should not report the family violence if they wanted to stay safe.
"Because if we make a statement, then my stepfather will lose his job and then he'll lose everything, and 'a man with nothing to lose is a dangerous man,'" Liam said.
The alleged "dangerous man" comment was recorded by Michelle in a diary at the time and separately reported by Liam during video evidence recorded in November 2018 and February 2019.
On Friday July 6, after Michelle learned that John may be intending to return to their home, she sent text messages to Acting Senior Sergeant Gallagher revealing a history of violence against her and her two children.
One message said:
"There's been agro and assaults (against all 3 of us) going on for months & ive been excusing it because of the PTSD."
Despite this exchange, Acting Senior Sergeant Gallagher later swore in a statement that Michelle had "never disclosed a criminal allegation against John to me or in my presence".
Investigation called
In November 2020, a separate PSC investigation into police misconduct after the July 4 incident recommended Acting Senior Sergeant Gallagher's alleged behaviour be looked into.
"In respect of IBAC observation of potential obscuring behaviours by Acting Senior Sergeant Sean Gallagher … in response to the initial incident, I recommend a separate file be created and allocated for investigation by PSC," the report stated.
In December 2020, the Professional Standards Command assigned Inspector Jon Woodyatt to investigate Acting Senior Sergeant Gallagher's conduct.
He was accused of:
1. Duty Failure — failure to take a report of family violence
2. Duty Failure — failure to accurately report family violence
3. Conflict of interest — obscuring behaviours
Michelle and Liam say that during the investigation they were not spoken to by Inspector Woodyatt.
They say they were unaware the investigation was taking place until September 2021, when Michelle received documents as part of a Freedom of Information request.
Michelle then contacted Victoria Police PSC and asked if she could make a statement to form part of the investigation.
"I didn't know at that time that the investigation was pretty much done already," she said.
"[It was] not properly investigated and evaluated."
Victoria Police said it could not "comment on the specifics of the allegations outlined due to matters before the court".
Chief commissioner Shane Patton told ABC Radio Melbourne said there were many aspects of the case that had educated Victoria Police on how to respond to officer involved family violence.
He declined to meet with Liam and Michelle personally.
"I'm very confident in this circumstance that Michelle has had adequate engagement at a very high level," he said.
Michelle and her children are currently suing Victoria Police in the Supreme Court of Victoria over how their case was handled.
'Absolute hatchet job'
In a letter dated December 24, 2021, Inspector Woodyatt found all three allegations against Acting Senior Sergeant Gallagher could not be substantiated.
Michelle and Liam did not receive the outcome letter until February 2022.
They were shocked when they saw the findings.
"This investigation was an absolute hatchet job," Michelle said.
"They believe their own over victims even when, as there is in our case, there's authenticated evidence.
In dismissing the allegation of "obscuring behaviours", Inspector Woodyatt's report said Liam's evidence could not be relied upon.
"There is no independent evidence regarding the comments made by Gallagher at your home on or about 5 July 2018," Inspector Woodyatt wrote to Michelle.
"It is noted your son, then aged 11 years, was present during the conversation.
"His evidence cannot be considered independent and upon reviewing a transcript of the VARE, some of his responses are contradictory with regards to being present during the conversation."
A VARE – video audio recording of evidence – is often used for vulnerable witnesses, including children.
Michelle and Liam deny his VARE evidence was contradictory.
"As a mum, I was gutted," Michelle said.
"I've been attacked by Victoria Police the whole way through in trying to hold my perpetrator to account, and I can cope with getting attacked myself.
Michelle says this investigation shows police cannot investigate their own officers.
"We need an independent police oversight body," she said.
"Because more often than not they can't take the blue out of it and they believe their own over victims."
*Names have been changed due to legal reasons.
