The NSW police watchdog has known for years about former commissioner Mick Fuller's co-ownership of racehorses with leaders of "high-risk" industries and a wealthy businessman who won a $3 million police contract.
The Law Enforcement Conduct Commission (LECC) received written complaints from police officers, dating back several years, detailing revelations about Mr Fuller's racehorse syndicates which were only aired in public this week by ABC Investigations.
The secretive anti-corruption body has not publicly committed to an investigation into the matters, but a LECC spokesperson said it was making "enquiries" and "reviewing material" in response to the exposé.
The ABC revealed on Thursday that the recently retired NSW police commissioner and serving senior police did not declare their shares in racehorses to the state government, in potential breach of anti-corruption rules.
Mr Fuller co-owned two racehorses with a group of senior police, sporting identities, media bosses and businessmen, including two who became embroiled in criminal investigations.
The NSW Police Force (NSWPF) announced an internal investigation into the ABC's revelations on Friday, but pressure is mounting on the NSW government to launch an independent inquiry.
Mr Fuller told the ABC he owned 2.5 per cent shares in two horses — Once Epona Time in 2019 and 2020, as well as Mad Magic from 2015 to 2017 — and was entitled to a proportion of their winnings.
The racehorses were bought and trained by David Vandyke, who was punished by racing bodies in NSW and Queensland over several doping scandals.
The ABC can now reveal Mr Fuller's undeclared racehorse shares were not news to the LECC.
While Mr Fuller was police commissioner, the LECC received several complaints from former and serving officers about Mr Fuller's membership in racehorse syndicates.
The complaints to the LECC raised concerns about the co-ownership of racehorses by Mr Fuller and other senior police with leaders of industries declared "high risk" under the NSWPF code of conduct, including liquor, racing and security.
Police have faced warnings about involvement in those industries, ever since the Wood royal commission into police corruption 25 years ago, because of their duties to regulate and inspect them.
Some written complaints named racehorse co-owners including pub chain owner Chris Feros and security boss Sami Chamoun.
Mr Chamoun was a subject of a high-profile police fraud investigation in 2016, while part of Mr Fuller's Mad Magic syndicate.
The investigation looked at Mr Chamoun's involvement in salary-cap breaches by the Parramatta Eels NRL club, over which he was never charged.
The complaints to the LECC also raised concerns about the awarding of lucrative police contracts to Mad Magic co-owner and wealthy Sydney businessman, David "Chicken Dave" Levy.
Mr Levy's company, Ozmart Catering Group, secured a $3.1 million contract in 2017 after Mr Fuller became commissioner — triple the value of an Ozmart contract from five years earlier.
The contract, which was extended last year, contains a piggyback clause, enabling any NSW agency to engage the company without a tender process.
Mr Levy's food business has for many years employed a former policeman and friend of Mr Fuller, John McCusker, as a manager.
Mr McCusker's wife, Assistant Commissioner Leanne McCusker, was seen as a frontrunner in the race to be promoted to deputy commissioner before this week.
Mr Levy was under criminal investigation at the time of the 2017 tender process. Charges against him over an illegal asbestos dump on his Sydney property were dropped last year.
The LECC did not respond specifically to questions about whether it investigated the complaints about Mr Fuller's racehorse syndicates and the catering contract.
"The Commission is aware of media articles concerning allegations of conduct issues relating to the former Commissioner of Police, Mr Fuller, and other Police," the LECC said in a statement.
"As part of its enquiries, the Commission is reviewing material relating to the circumstances that have been reported.
"No further statement will be made whilst those enquiries are afoot."
A LECC spokesperson previously said the watchdog's predecessor, the Police Integrity Commission (PIC), investigated a separate allegation regarding Mr Fuller and the horseracing industry, but found no substance to that complaint.
The LECC said it reviewed that 2016 investigation last year after receiving a similar allegation and was satisfied with the PIC's findings.
The ABC understands the review last year did not examine Mr Fuller's racehorse syndicates or the catering contracts.
A former LECC commissioner, Patrick Saidi, this week called on the state government to set up a special body to investigate the revelations.
He said the watchdog was "under-resourced" and incapable of carrying out such a comprehensive probe without extra funding.
He left the LECC in acrimony in 2020 after falling out with his fellow commissioners.
Before Mr Saidi's departure, the LECC also conducted an investigation into allegations Mr Fuller was personally biased when he promoted some officers.
The commission did not release a public report about the investigation, which found the rumours to be unfounded, unfair and destructive.
Confusion over which matters 'looked at'
Comments by the state's leaders this week sowed confusion about whether the LECC had investigated Mr Fuller's racehorse syndicates.
On Thursday, Police Minister and Deputy Premier Paul Toole said the NSWPF assured him the matter "has already been looked at by an external agency".
"They've already come back and said no further action is to be taken," he said.
A spokesperson for Mr Toole refused to clarify whether these "matters" examined by an external agency were in relation to Mr Fuller's racehorse shares or separate complaints reviewed by the LECC last year.
Premier Dominic Perrottet this week said he had "complete confidence" in the advice from the NSWPF and Mr Toole that Mr Fuller's racehorse interests were "dealt with appropriately".
However, the day after the government said no action was required, Police Commissioner Karen Webb announced an internal investigation by her Professional Standards Command into the ABC's revelations.
The state government refused to be drawn on how long it knew Mr Fuller had not disclosed his racehorse shares.
Under the NSWPF code of conduct, Mr Fuller was required to make declarations at least every year to the government of any private interests, social activities or relationships which could, or could be perceived to, influence his decisions.
He only filed a private interest declaration to the state government last year, after he gave up his shares in racehorses.
Mr Fuller ended his 34-year police career last month after being headhunted by Peter V'landys, the chief of horseracing body Racing NSW and chairman of the Australian Rugby League Commission (ARLC).
Mr Fuller's bid to join the Racing NSW board failed after an intervention by Racing Minister Kevin Andrews in response to the ABC investigation.
It was the second time in a year the state government blocked his appointment to a sporting operator.
Last year, it quashed Mr V'landys' attempt to recruit him to the ARLC board after a public outcry over whether it posed a conflict of interest with Mr Fuller's role as police commissioner.
Mr Fuller did not respond to the ABC's questions about the complaints to the LECC, but earlier told the ABC he was not required to declare his shares in what he described as "social" horseracing syndicates.
He said he did not have "personal knowledge of, or a friendship with all of the syndicate owners".
"I have legally and ethically complied with all government policies over my 34 years loyal service," he said in a statement.
Mr Fuller said a review by Deloitte — which he ordered in response to an ABC request for the Ozmart tender documents — and an internal NSWPF investigation had "cleared him of any wrongdoing" in respect to the contract procurement process.
The scope of the Deloitte review excluded verification of conflicts of interest. The final report did not mention Mr Fuller.
John McCusker earlier told the ABC neither he nor his wife financially benefited from Ozmart's deal with the NSWPF.
The senior police who owned racehorse shares with Mr Fuller included three assistant commissioners — Gavin Wood, Mark Walton and Scott Andrew Whyte.
Assistant Commissioner Whyte said he never declared his 2.5 per cent share in Once Epona Time.
The NSW police executive director of public affairs, Grant Williams, and Detective Chief Inspector Peter Faux were also members of the racehorse syndicates.
Mad Magic only made $10,900 in prize money, while Once Epona Time did not race while Mr Fuller and some other police owned shares.
Assistant commissioners Whyte and Walton, Detective Chief Inspector Faux and Mr Williams provided statements to the ABC which said they did not breach any rules or engage in misconduct.
