By Kath Gannaway
Sgt van Gorp took his own life five days after receiving a rarely invoked Section 68 notice in relation to a probe into emails circulating among police.
The Section 68 notice demands that the recipient show cause why they should not be sacked.
Victoria Police issued a statement last week in response to claims made in the Herald Sun that the Office of Police Integrity was investigating whether senior police, including Chief Commissioner Simon Overland, had overlooked legal advice about the use of the Section 68.
Another option would have been a Section 69, which refers the recipient to a disciplinary hearing.
Sgt van Gorp’s brother, Fred van Gorp told the Mail he was pleased to hear the OPI was investigating the circumstances around the way his brother was disciplined.
“It is what we were hoping for from the start,” he said.
“The Section 68 is for criminals; police who have committed criminal activity, and what I am gathering from all this is that he should have got a Section 69 instead of the Section 68.”
Victoria Police however say they are confident the steps taken were “right and proper”.
“These included, in recognition of the strong public interest in the matter from the outset, asking OPI to actively oversight our investigations,” the statement said.
“The coronial process, in which we have confidence, must be allowed to run its course.”
Mr van Gorp however said he had not been advised as to whether the police report into his brother’s death had been handed over to the Coroner.
“I have been ringing the police for the last 17 months to find out and we’re still waiting,” he said.
A spokesperson for the Coroner’s Court told the Mail on Friday they could not do anything until the police had finished their part.
“We have not received anything from the police yet that has been logged as at Mid-March,” she said.
Detective Inspector John Potter of the Homicide Squad confirmed on Monday that the brief of evidence was finished, but said it was still under review.
He said that review was an internal police mechanism involving both the OPI and the Ethical Standards Department.
Det Insp Potter said the brief should be with the Coroner by early next month.

By Kath Gannaway
Sgt van Gorp, 47, took his own life at the Healesville police station on 22 March 2010.
He had resigned from Victoria Police five days earlier, after he was issued with a Section 68 notice of no confidence by then Commissioner of Police Simon Overland.
Sgt van Gorp was under investigation at the time for misuse of the police email system.
Mr Olle told a packed court at a mention hearing on Wednesday 30 November that an inquest into Sgt van Gorp’s death “ … would appear to be the antithesis of what Sergeant van Gorp would have wanted in life”, but did not elaborate on the basis for that statement.
He said the hearing was to help determine whether it was necessary or appropriate to conduct an inquest.
He said the police investigation brief submitted to him was thorough, containing 64 statements and addressing, among other matters the circumstances in which Victoria Police made decisions to serve the Section 68 notice.
He noted that Victoria Police had subsequently made changes to the process involved in serving no-confidence notices.
Mr Olle allowed 14 days for submissions.
“Subject to submissions from interested parties in this matter urging a different view, it appears that the facts and circumstances are clear and that the conduct of an inquest would be beyond the scope of my statutory obligations,” he said.
Sgt Van Gorp’s partner Gayle Shelley and his brother Fred van Gorp were in the court, but declined to comment on the matter pending further submissions.
A further hearing will be held on 16 December.

By Kath Gannaway and Melissa Meehan
THE Police Association is pushing for an inquest into the apparent suicide of Healesville Sergeant Tony van Gorp.
Theo Cassamatis, representing both the Police Association and partner Gayle Shelley and brother Fred van Gorp, told the Melbourne Coroners Court on Friday that the court brief was just the beginning of the story.
He said without an inquest, the true circumstances of Sgt van Gorp’s death at Healesville Police Station in March last year and the reasons for the way he was treated would not be revealed.
“Unless that question is answered, as to why this man was targeted, whatever amendments are put in place that they are as susceptible to failure or error as those in place when Tony van Gorp was issued with the Section 68 notice,” Mr Cassamatis said.
“The answer why can only be achieved by interrogating those who have made statements.”
Mr Cassamatis dismissed what he called a misconception that an inquest is not what Sgt van Gorp wanted.
“The circumstances surrounding his death have already been aired,” Mr Cassamatis said.
“The people of Healesville know all too well why he ended his life.”
Dr Ian Freckleton SC, representing the Chief Commissioner made the point that some things may come out that could reflect badly on Sgt van Gorp but acknowledged that other than the email incident he had a flawless 32 year history in the force.
Coroner John Olle said he would take both arguments into consideration and come back with a decision in the new year.
Sgt van Gorp’s partner Gayle Shelley and his brother Fred were among family members at the hearing.

By Kath Gannaway and Melissa Meehan
THE Police Association is pushing for an inquest into the apparent suicide of Healesville Sergeant Tony van Gorp.
Theo Cassamatis, representing both the Police Association and partner Gayle Shelley and brother Fred van Gorp, told the Melbourne Coroners Court on Friday that the court brief was just the beginning of the story.
He said without an inquest, the true circumstances of Sgt van Gorp’s death at Healesville Police Station in March last year and the reasons for the way he was treated would not be revealed.
“Unless that question is answered, as to why this man was targeted, whatever amendments are put in place that they are as susceptible to failure or error as those in place when Tony van Gorp was issued with the Section 68 notice,” Mr Cassamatis said.
“The answer why can only be achieved by interrogating those who have made statements.”
Mr Cassamatis dismissed what he called a misconception that an inquest is not what Sgt van Gorp wanted.
“The circumstances surrounding his death have already been aired,” Mr Cassamatis said.
“The people of Healesville know all too well why he ended his life.”
Dr Ian Freckleton SC, representing the Chief Commissioner made the point that some things may come out that could reflect badly on Sgt van Gorp but acknowledged that other than the email incident he had a flawless 32 year history in the force.
Coroner John Olle said he would take both arguments into consideration and come back with a decision in the new year.
Sgt van Gorp’s partner Gayle Shelley and his brother Fred were among family members at the hearing.

By Kath Gannaway
THE two people closest to Tony van Gorp, his partner Gayle Shelley, and his brother Fred van Gorp, have maintained a dignified silence over the past two years.
Behind the scenes, they’ve grieved, fought for justice and the reputation of the Healesville police sergeant, and for changes to Victoria Police disciplinary processes to ensure what happened in Healesville on 22 March, 2010, never happens again.
The grieving is their own, but they had hoped that the inquest they and the Victorian Police Association were calling for would deliver the answers and changes they and other police wanted.
As they sat in the Coroner’s Court in Melbourne on Wednesday, 15 February Ms Shelley bowed her head several times as Coroner John Olle read out his decision. Fred van Gorp looked resigned; perhaps even defeated.
With his decision the Coroner put an end to any resolution on the question of accountability of the Chief Commissioner of Police at the time, Simon Overland, and the right or wrong of issuing the Section 68.
“He had 31 years’ experience, but it didn’t seem to account for anything in terms of what happened. Tony was just backed into a corner; he felt like he had nothing else,” Ms Shelley said.
“I was with him when he went to the (Police) Association. He lived on his public image, it was part of him, and when he got the notice, he realised he had let people down, and I suppose he let himself down,” she said.
“He knew there would be consequences … everybody makes mistakes but it (the Section 68) was designed for criminal (behaviour) and what Tony did certainly was not criminal,” she said, adding that she felt those issues have been brushed under the carpet.
Nonetheless, with their usual dignity, they say they have accepted the Coroner’s decision, but hope with the ongoing investigation the Coroner will at the very least address what they believe was a critical failure by Victoria Police – the lack of welfare provided to Sgt van Gorp after the delivery of the Section 68.
Admitting disappointment, he said however the Coroner’s response was a balanced one.
“Hopefully any future findings will ensure this never happens to another police officer again and that anyone put in that position gets adequate support and counselling,” Mr van Gorp said.
“We know now that we are not going to get an inquest, and perhaps we can move on a little bit from there,” he said.
In response to the Coroner’s comment that his findings would include Sgt van Gorp’s presence at the police station on the night of his death, both Ms Shelley and Mr van Gorp reflected with the benefit of hindsight, and say no-one could have known what was coming.
“Tony and Gayle had been planning on going on trips, and he was planning a fishing trip the next day … we didn’t expect it.
“It was a unique position (at Healesville police station) as officer in charge for 15 years, and while that’s probably something that needs to be addressed in the future, I don’t hold anyone (at Healesville) responsible for what happened on that night,” he said.
Ms Shelley said his colleagues had gone through great personal hardship over Sgt van Gorp’s death. “No-one is to blame there,” she said.
Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).

By Kath Gannaway
THERE will be no inquest into the death two years ago of Healesville Police Sergeant Tony van Gorp.
Sgt van Gorp, 47, was found dead at Healesville Police Station on 22 March, from a self-inflicted gunshot wound. He was under investigation in relation to misuse of the police email system and had been issued with a Section 68 (no-confidence) notice by the then Chief Commissioner of Police Simon Overland, five days before his death.
Sgt van Gorp’s partner Gayle Shelley and the Police Association had sought an inquest as part of Coroner John Olle’s ongoing investigation, partially to determine why Sgt van Gorp had been singled out by Commissioner Overland for what was seen as harsh and unusual treatment, and to restore his reputation.
Coroner John Olle ruled on Wednesday, 15 February, at the Coroner’s Court in Melbourne that the matters raised were beyond his jurisdiction in terms of an inquest and said he was satisfied that the cause and circumstances of Sgt van Gorp’s death could be established without one.
Coroner Olle said he had considered submissions from Ms Shelley and the Police Association (the applicants), as well as from the Chief Commissioner of Police in making his decision.
He said the basis for the applicants’ submission included a need to determine why the Chief Commissioner had considered dismissal as the appropriate action, to dispel claims that new procedures since introduced were appropriate and to bring about changes to legislation, including the removal of Section 68 notices.
While the submission made by the Chief Commissioner of Police neither argued for or against an inquest, it contended that an examination of the Chief Commissioner’s powers of dismissal were outside the scope of the coroner’s jurisdiction and that there was no evidence of systematic defects which needed to be explored as part of an inquest.
In relation to Sgt van Gorp’s reputation, he said the reputation of an individual was outside both the scope and legitimate purpose of an inquest, and outside the control of the coronial process.
“How matters are reported in the media cannot be controlled and have the potential to be very disturbing and intrusive to family members,” he said.
He said having examined the 963-page brief of evidence, he found no evidence to suggest that anyone who knew Sgt van Gorp thought less of him as a result of his behaviour.
While Ms Shelley said she was sceptical about the submissions put forward by the Commissioner of Police, and that she felt the issues around the Section 68 notice had been swept under the carpet, she said she accepted the decision.
Police Association secretary Greg Davies said the association was still vehemently opposed to the Section 68 process and had been in negotiations with the government in terms of a range of issues that needed to be addressed by the government, rather than by police. He said those negotiations were continuing.
He noted that the coroner had said his preliminary view was that the facts and circumstances of Sgt van Gorp’s death were clear and that an inquest was beyond his statutory obligations.On the matter of whether there was a systematic defect (in issuing the section 68) Mr Davies said the door was not closed on that question.
“He (the Coroner) is not saying there is no systematic defect, but that there is no systematic defect that requires an inquest. He may determine independently of an inquest that there is, or he may not,” he said.
He said the association accepted the coroner’s decision and would wait on the outcome of the investigation to see what end result would be. Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).
>>> For more on Van Corp inquest issue see Page 3.