Part I Fundamental requirements for an Investigations Unit 3. IMPARTIALITY Conducting fair, thorough and impartial investigations is crucial if the NHRI is to be effective. Investigators have to be impartial and be seen to be impartial. The investigation will be compromised and will not withstand scrutiny if anyone involved in it, or anyone observing it, concludes that the investigator: • is biased toward one party or the other • has made up their mind prior to completing the investigation. An investigator should maintain a professional relationship with everyone associated with an investigation. However much empathy an investigator may feel, it cannot be reflected in the way the investigation is conducted. An investigator can be rightly criticized for being too friendly with someone under investigation or for championing a complainant’s cause before all the evidence is gathered.20 THE MULRUNJI CASE EVIDENCE RELATING TO INDEPENDENCE AND IMPARTIALITY • Police were investigating police. • Many of the police investigators knew the officers who were under investigation. • There was some evidence that officers under investigation were – or appeared to be – given information and treated more favourably by police investigators because they were fellow police officers. • S/Sgt. Hurley met and transported the investigating QPS officers from the airport to the police station. • One of the QPS officers who interviewed S/Sgt. Hurley worked with him on Palm Island. This officer also assisted in the interviews of other key police and civilian witnesses. • Police investigators had dinner and drinks at S/Sgt. Hurley house on the night of Mulrunji’s death.20 • The CMC investigators were not permanently employed by the CMC. They were temporarily attached to the CMC and this may have impacted on perceptions, however well they did their job. • The IRT investigation still involved police investigating police. • The QPS had the final decision regarding whether any officer should be disciplined. 20 The QPS Acting Assistant Commissioner explained in response to the CMC report in 2011 that “it was common practice for police to provide meals for other police when they are visiting places like Palm Island or other communities as the communities don’t generally have restaurants or places where you can get a meal, particularly after hours”. Chapter 1: Independence | 15