Letter from Jane Hartwig Senior Investigation Officer for the Ombudsman of the Northern Territory regarding Complaint against Senior Constable Westra van Holthe and Mr Michael Rowley and sale of Toyota Troop Carrier dated 14 February 2004
Tabled paper 1286
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Christopher Burns
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
6. 2003. The original documents lodged at and held by the Motor Vehicle Registry record the date of sale as being the 4 March 2003. Secondly the MVR Notice of Disposal and Application to Transfer a Vehicle documents for that transaction had all been altered in relation to the fields; Date of sale Sale price Market value of vehicle Buyer Thirdly, the investigation revealed that 13A receipt number 184874 appears to have been issued by B/Sgt Wenn out of normal chronology. Given your claims, this anomaly becomes significant. ALLEGATIONS OF CRIMINAL CONDUCT The JRC proposes to outline the evidence arising out of the investigation of this matter which points to a possible breach of the Criminal Code by officers involved in this matter. Some matters have been referred to the Office of the Director of Public Prosecutions (ODPP) by the PRC for an opinion. On the other hand, other allegations have not been referred to ODPP because it was clear at this stage, that there was no basis or evidence to support the allegations. The allegations you have made of criminal conduct are set out below. ALLEGATIONS OF CRIMINAL CONDUCT BY SENIOR CONSTABLE WESTRA VAN HOLTHE 1. It is alleged that S/Constable Westra Van Holthe may have committed a forgery, contrary to s.258(c) of the Criminal Code, and an attempted criminal deception, contrary to s.227(1)(b) of the Criminal Code, in relation to the MVR documents filled out for his purchase of a vehicle, NT 633261, from you. You allege that S/Const Westra Van Holthe and B/Sgt Wenn were planning that the transfer simply be from your name to Mr Rockman to avoid paying stamp duty, but that this had to be changed when they found out that you knew about the sale and had acted to try to intervene on 11 March 2003. You say that at that stage the officers contrived to change the transfer documents so that the vehicle was transferred from your name to S/Const Westra Van Holthe and then from S/Const Westra Van Holthe to Mr Rockman. S/Const Westra Van Holthe admits that he amended the Notice of Disposal and Application to Transfer, and completed a Notice of Disposal as seller for the second transaction. B/Sgt Wenn says he filled out an Application to Register/Renew/Transfer a Vehicle recording the sale from you to S/Const Westra Van Holthe, paying the transfer and stamp duty fees on his behalf and issuing a 13A receipt for that payment. S/Const Westra Van Holthe then added his documents to the remittance package for MVR on 17th March 2003. It seems unlikely, that the CLC would pay the purchase price to S/Const Westra Van Holthe if he were not the registered owner. B/Sgt Wenn and S/Const Westra Van Holthe deny your allegation and say that S/Const Westra Van Holthe faxed the signed Notice of Disposal and Application to Transfer to Lajamanu and posted the original which arrived in the mail bag on 7th March 2003. The investigator apparently did not obtain fax records to verify this. The
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