Robert Kevin McCullough: DoJ admits subcontracted staff ‘failed’ to follow procedures before courthouse escape

Security staff failed to follow procedures before an accused child sex offender was accidentally walked out of custody, an investigation has revealed. But exactly what went wrong and what has been done to prevent a repeat of Robert Kevin McCullough’s escape is shrouded in secrecy, with the Cook Government refusing to release the Justice Department’s findings. The 39-year-old was released from custody at the Perth Central Law Courts by G4S custodial service staff after he allegedly identified himself using another man’s name to court officers on the afternoon of August 22. Court documents show Mr McCullough was facing nine child sex offences, including four counts of indecent dealing with a child aged between 13 and under 16, at the time of his “unlawful release”. He was also facing two counts of sexually penetrated a child over the age of 13 and under 16. WA Police were left to clean up the department’s mess, with a large-scale manhunt resulting in officers contacting his web of associates and knocking on about 300 doors in order to find him. Mr McCullough handed himself in to Perth police station more than 24 hours later. In a statement supplied to The West, the Department of Justice said “a failure to follow existing policies and procedures contributed to the incident”. “The Department’s investigation included an examination of whether the contracted security provider followed all required processes and procedures,” a spokeswoman said. “While a failure to follow existing policies and procedures contributed to the incident, the Department has already implemented enhanced security protocols. “Improved procedures, technologies and training will further strengthen the safe management of people being held in court custody.” In State Parliament, the Attorney-General rejected the opposition’s request to table the findings and outcome of the investigation - with a flat “No”. “It’s one thing for the Government not to release the full investigation report, but that’s not what the Opposition have asked for,” Shadow Attorney-General Nick Goiran said. “I asked for a simple summary of the findings and outcome. At least something to reassure the community that lessons have been learned and accountability has occurred. Instead, we’ve been met with arrogance. “There is no good reason why the public should be kept in the dark about a matter as serious as a prisoner escape. “If the Government cannot explain what went wrong . . . how can Western Australians have confidence it won’t happen again.” The Department said court security and custodial services at the central law courts and Perth District Court building was provided under contract with Western Liberty Group (WLG). G4S Custodial Services provide security at the court building as a subcontractor to WLG. A department spokeswoman said both WLG and G4S were assessed under their services agreement in the wake of the incident. “G4S is conducting their own internal review,” she said. “This is part of standard procedures following such incidents and do not imply any findings of misconduct.” A spokesman for G4S said they would not be making any comment on their internal investigation or the incident after being sent a series of questions on Wednesday. Mr McCullough appeared in Northbridge Magistrates Court two days after he was released and, in a bizarre mumbling rant, said he was handed “bail papers” before his alleged getaway. Magistrate Tanya Watt told the accused he was “pretending to be someone else on Friday” before he managed to “get out.” “Is that refreshing your mind?” she added. The accused fugitive, who did not have a lawyer and was representing himself, told the court, “I don’t even know what I’m doing,” when asked how he wanted to proceed with two new charges of stealing and escaping from lawful custody. Attorney-General Tony Buti, in the wake of the incident, said Mr McCullough allegedly used “someone else’s name to be able to escape custody”, which he said was “very concerning”. Department of Justice director general Kylie Maj was previously questioned over the response to the alleged incident during a Budget Estimates hearing in August, where she said the investigation was under way and it was “obviously a priority”. She said both herself and the Attorney-General had requested a copy of the review undertaken by the Department of Justice’s contract management area. Minister for Corrective Services Paul Papalia, in a statement to The West, said: “I understand the incident was investigated, failures were identified, and measures have been put in place to mitigate reoccurrence.” “This is an operational matter for the Department of Justice.”