Sally
Neighbour: |
It's
the dead of night. Fire crackles and takes hold. The building is destroyed,
there's no sign of arson, but the owner is blamed for lighting the fire. |
George
Nagi: |
I
was under the impression that I was insured until I lodged a claim. Then, all
of a sudden, I'm being accused of being a criminal, which I'm not. |
Sally
Neighbour: |
It's
not an isolated case. Time and time again innocent people are accused of
arson, so insurance companies can reject their claims. |
George
Nagi: |
We
just felt just, astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
The
dirty work of finding the evidence is done not by the insurers, but by the
investigators they hire. |
Grant
McKay: |
They
will commit perjury, they will tamper with evidence, they will exert
influence on witnesses, improper influence on witnesses. |
Sally
Neighbour: |
One
investigator, arson cop turned private eye, Peter Thomas has earned himself
quite a name. |
George
Nagi: |
I
think he's a crook. |
Sid
Bates: |
To
me he was just a slime. |
George
Nagi: |
He's
a liar. |
Sid
Bates: |
Just
a real slime bag. |
George
Nagi: |
In
my opinion, he's a con man. |
Sally
Neighbour: |
Tonight,
on 4 Corners, the insurance industry's policy scam. Who's liable for the
people they've burned? |
|
It
was the night of July 12th last year in the town of Monto, in Northeast
Queensland when George [Nag-i's] New Royal Hotel went up in flames. |
George
Nagi: |
The
night of the fire, like every other Sunday, we had our family dinner. We had
picked up takeaway from the Chinese restaurant, and then put a couple of
tables together, and the entire family sat down for dinner. |
Gina
Hart: |
Woke
up at about 2 o'clock in the morning to have a glass of water and the sky was
bright orange. I thought it was the end of the world actually, and about 10
minutes later I got a phone call from a friend of mine to let me know that
the hotel was ablaze. I got in the car, and took off very quickly, and got to
town, and it was horrific. |
Sally
Neighbour: |
By
the time firemen arrived the old timber pub was engulfed by flames.
Initially, there was no idea of the cause. Forensic experts said, later, it
was most likely an electric blanket in one of the rooms. The police and fire
brigade said there was nothing suspicious, and no evidence of arson. The pub
was burned to the ground. |
George
Nagi: |
The
entrance to the public part used to be on the corner here where you can see
the concrete has been broken up. There used to be a double swinging door just
typical of a country pub. |
Sally
Neighbour: |
George
[Na-gi] had just spent close to $100,000
refurbishing the pub, and buying five poker machines, which were delivered a
month after the fire. |
George
Nagi: |
In
one night, within hours, I had lost my business, I lost my home, I lost all
my personal belongings that weren't insured. I lost my family, so to speak,
because my marriage broke up, so I lost everything. |
Sally
Neighbour: |
[Na-gi] kept trading in a makeshift bar set up in his bottle
shop, which had survived the fire. He lodged a claim for $608,000 with his
insurer, Lloyd's of London. The broker who'd sold [Na-gi]
his policy then assigned a private investigator by the name of Peter Thomas
to the case. |
|
Thomas
is a former New South Wales detective who left the police force with a
reputation that he's carried over into his new career as a PI. |
George
Nagi: |
At
first, he was friendly, and very smooth talking. He was even shouting in the
bar to every Tom, Dick, and Harry that happened to walk into the pub he was
shouting them drinks, saying, "This is on Lloyd's of London." |
Speaker
7: |
[inaudible]. |
Sally
Neighbour: |
The
mood soon changed when a letter arrived from the insurer's lawyers refusing
to pay saying the fire had been deliberately caused either by Mr. [Na-gi] or with his connivance. |
Speaker
8: |
They
tell me that's the skull head of an insurance investigator. |
Sally
Neighbour: |
What
was your reaction when you got that letter from the insurance company
accusing you of lighting the fire? |
George
Nagi: |
I
was really angry because there is no indication, I had no motive, I had no
intentions. |
Sally
Neighbour: |
What
evidence did they have for that? |
George
Nagi: |
I
don't believe they've they've got anything else,
but whatever Peter Thomas may have fabricated against me. |
Sally
Neighbour: |
[Na-gi] hired his own expert, insurance loss assessor, John
[Higgin-son] to look into this case. |
John
Higginson: |
When
I first spoke to Thomas he said that he was going to build a circumstantial
case against George [Na-gi] that he burned the hotel
down. |
Sally
Neighbour: |
Peter
Thomas effectively told to he was setting out to nail George [Na-gi]? |
John
Higginson: |
He
told me that, yeah. |
Gina
Hart: |
He
just seemed to be focused on proving what he believed to be true on that at
the time, and he'd made his mind up that George was guilty of arson, and just
wanted to simply prove that. |
Sally
Neighbour: |
What
was the offer that he made to you at that point? |
Gina
Hart: |
It
was an offer for $10,000. He said to me that, "I've come prepared to
offer you $10,000 if you can admit to me ... or admit in court," I
should say," That George had admitted to you in a moment of passion that
he had lit the fire." |
Sally
Neighbour: |
Where
did you understand that that $10,000 was to come from? |
Gina
Hart: |
I
believed it was from the insurance company. |
Sally
Neighbour: |
After
Gina Hart rejected his offer Thomas placed a newspaper ad appealing to a
guest who'd stayed in the hotel the night before the fire. Enticed by the
reward offered the man came forward and made a statement saying he hadn't
used an electric blanket in his room. Remember, an electric blanket was
thought to have caused the fire. The man was paid $1000 by Thomas for his
statement. |
George
Nagi: |
It's
very, very simple. |
Sally
Neighbour: |
George
[Na-gi] has never been charged, but apparently on
the strengths of the guest's statement Lloyd's is still refusing to pay. As
we'll see, [Na-gi's] story is an all too common
one. An arson claim based on false or flimsy evidence, or no evidence at all
made by a dubious investigator to justify the insurer rejecting a claim. |
George
Nagi: |
Peter
Thomas was glad to do a job. The insurers have known his reputation and they
still hired him. |
Sally
Neighbour: |
What
do you think the job was that he was hired to do? |
George
Nagi: |
Perhaps
to kill the claim, that's it. He was hired to kill the claim. Obviously, the
insurance company doesn't want to pay me regardless of whether I have paid my
premium or not they just don't want to pay. |
John
Higginson: |
Some
investigators are totally unscrupulous, and they're the ones who got to be
wiped out of the industry. There are a lot of good investigators out there,
who go out and do the job properly, and come back with a factual report of
what evidence is available for the underwriters. They're the ones who should
stay in the industry. |
Sally
Neighbour: |
These
unscrupulous operators you refer to, what sort of characters are they? Where
do they come from? |
John
Higginson: |
Generally,
they're are ex-police officers most likely from down south without any
previous training in the insurance industry. They come to Queensland, or get
out of the police force, and set themselves up as an investigator because
they can get an investigator's licence. Then, they go out to prove what a
hero they are by getting claims rejected. |
Sally
Neighbour: |
The
investigator in this case, Peter Thomas, is the best in the business of
killing fire claims. Thomas is based in Brisbane where our researcher tracked
him down. Since leaving the police force, Thomas has found himself a
lucrative new career with top insurers paying upwards of $10,000 per claim
killed. A chequered police record has apparently been no obstacle and Peter
Thomas' record is as chequered as they come. |
|
Thomas
left the New South Wales police in 1991 after 21 years. He'd been the subject
of dozens of complaints. |
Errol
Taylor: |
This
is one more where the ombudsman has said under the circumstances no further
action will be taken and, as you see, there's a whole litany of them. |
Sally
Neighbour: |
The
list of complaints during Thomas' police career suggests his modus operandi
hasn't changed. They date back more than 20 years. One of the first
complaints was made by Errol Taylor in 1983 when Thomas was a detective in
the New South Wales town of Taree. |
Errol
Taylor: |
I
was arrested on my property and taken to the Wingham
police station where I was handcuffed to, I believe, a writing desk from 7 in
the evening until about 11 o'clock in the evening. I was punched below the
eye by Peter Thomas three or four times. I could smell the alcohol on his
breath when he leaned forward to punch me. I think he was trying to get me to
make an admission, or I don't know what he was up to. |
Sally
Neighbour: |
Taylor
was charged with growing and supplying Indian hemp, but later accredited. He
lodged a formal complaint, and then began some inquiries of his own into
Detective Thomas. |
Errol
Taylor: |
I
met a lot of people who had stories about him. I met people who'd been
assaulted by him, I was told about accidents he had driving police vehicles
under the influence. There was a whole litany of these ... what would you
call them? Perversions of the course of justice, assaults, and fabrications. |
Sally
Neighbour: |
By
Peter Thomas? |
Errol
Taylor: |
Yes. |
Sally
Neighbour: |
Detective
Thomas was a conspicuous figure around Taree. He
was an avid punter and regular at the local racetrack. He and another
detective had a race horse of their own, and boasted of winnings in the tens
of thousands of dollars. Thomas would place a bet of hundreds of dollars at a
time. In the words of one former police colleague, "Thomas ran his own
race." In this close-knit community word of his reputation got around. |
Speaker
11: |
Taken
over the running and [inaudible]. |
Errol
Taylor: |
I
was investigating people who'd been assaulted by Thomas, and one of the
medical practitioners said go and see Roseanne at Roseanne's Deli, she can
tell you stories about Peter Thomas and the police. |
Sally
Neighbour: |
Roseanne
Catt was a local businesswoman who'd also fallen foul of Detective Thomas. In
1983, the deli she ran had been damaged by a fire. Thomas, who'd begun to
make arson his specialty, charged her. The charge was later withdrawn. She
too lodged a formal complaint claiming Thomas had assaulted her and her
partner, sexually harassed her, and been biassed in
his investigation. Roseanne Catt then joined forces with Errol Taylor to
collect complaints against Peter Thomas. It would make them lasting enemy. |
Errol
Taylor: |
Roseanne,
having a deli on the main street, knew a lot of people who came in and would
talk to her, she gained their trust, and various people they lodged
complaints when they realised there was somebody to appeal to. |
Sally
Neighbour: |
How
many complaints did you gather? |
Errol
Taylor: |
There
would've been 20 or 30 passed onto the ombudsman from memory, this is 17
years ago, but a whole heap of them. |
Sally
Neighbour: |
Thomas
made enemies within the force too. There were run-ins with his superiors
after he was caught more than once driving a police car while drunk. As the
complaints mounted he was transferred to New Castle, but it was hardly a
promotion. As Detective Sergeant in the Regional Crime Squad his territory
extended all the way to the Queensland border, and his reputation spread even
further afield. |
|
In
1987, in the tiny New South Wales town of Lawrence the local pub went up in
flames. In a story much like George [Na-gi's]
ordeal 12 years later, the publican Sid Bates was accused of lighting the
fire. He was charged by Detective Thomas. |
Sid
Bates: |
I
was 51 or 52 at the time, and it's a big loss, but at that time with the
[inaudible] I supposed we'd get the money somewhere to rebuild, but then
after we got charged with the fire it was a bigger loss. You just didn't know
where you were going then. |
Sally
Neighbour: |
Witnesses
said the fire had spread great speed, but there was no physical evidence of
arson. Bates had been away at the time. In the style he would make his
trademark, Thomas set out to build a circumstantial case. He claimed that
Bates had placed an accelerant in the pub, and set it to ignite using either
an incendiary device or an accomplice. There was no evidence to support this
just the fact that Bates was behind in his mortgage payments, had a dispute
over money with his son, and needed to make costly repairs at a time when
business had been slow. The fact that his assets of over a million dollars
well outweighed liabilities was ignored. |
Sid
Bates: |
He
kept asking me about the money, about the financial side of the pub, and that
sort of thing, but he also kept bringing up about how much money I had in my
pocket. He say he'd give me some money, or anything like that, but he did
indicate to me the way how much money have you got in your pocket, if I'd
given that I probably mightn't have been charged or he might've helped me, I
don't know. It was one of those things. |
Sally
Neighbour: |
Again,
just like the [Na-gi] case it's claimed Thomas
offered money to the barmaid to say that Bates had lit the fire. |
Sid
Bates: |
He
said he'd give [Bev-y] $25,000 if she'd just say I'd burnt the pub down. Bev
was living in a caravan park at the time in a van, and her annex was all
tattered and torn, and he even promised to pay for a new annex, put a new
annex on her van. She objected completely to it and told him to [inaudible]. |
Sally
Neighbour: |
The
barmaid has confirmed to 4 Corners that Thomas offered her money, but says
she can't recall now the exact amount. Thomas didn't say where the money was
to come from. |
Speaker
12: |
It's
going to be a hot summer. |
Sid
Bates: |
[inaudible]. |
Sally
Neighbour: |
Because
he'd been charged Sid Bates' insurance company refused to pay his claim. The
insurer then went bankrupt, so he was never paid. With no supporting evidence
the charge laid by Detective Thomas was later withdrawn. |
Sid
Bates: |
Looking
back on all the things that he's done to other people in the area he's left
the devastation of problems wherever he went. Not only that, I think the
Crown is very, very guilty for what they've ... had someone employed. If it
was a private enterprise they would have him in jail if he was employed by
private enterprise, the things that he's done. |
Sally
Neighbour: |
If
the Crown needed proof of Thomas' methods it would, in another case in 1989.
An explosion of gel ignite had gone off in Byron Bay under the local
Commonwealth Employment Service. There was an anonymous call from someone
claiming to have done it because they were sick of dull [bludg-ers],
but Detective Peter Thomas who was seen to investigate wasn't convinced. He
charged the couple who owned the restaurant above the CES claiming it was an
insurance job. Once again, he had no evidence, so Thomas resorted to pressure
and threats. This interview was secretly taped by the woman he charged and
later tendered in court. |
Peter
Thomas: |
Can
I just say this to you, you help me and I'll help you. The only way you can
get out of it is to give him up, and I tell you what, in the long run, we
shake the life out of both of you because I can never guarantee that the court
will do to you, but by the Christ, there's a lot we can do to you. |
Sally
Neighbour: |
When
the case went to trial the Crown refused to present Detective Thomas'
evidence saying it was compromised and unreliable, and his approach was
reprehensible. The accused were acquitted. The judge was equally scathing,
Thomas' investigation was, "Illogical ... factually inaccurate ... quite
improper ... and singularly unprofessional." He had, "Failed to
appreciate the distinction between
suspicion and evidence." The judge said there was a strong case that
Detective Thomas himself given false evidence. |
Errol
Taylor: |
The
ombudsman has said under the circumstances- |
Sally
Neighbour: |
By
this time, the police Internal Affairs Department had a file on Thomas that
would grow to more than 4000 pages, a file 60 cm thick. The complaints lodged
back in Taree by Errol Taylor and his friend
Roseanne Catt was still dragging on. Despite the mounting evidence against
Thomas, their complaints were being one by one dismissed by the ombudsman and
the police. |
Errol
Taylor: |
Here
is an illustration of the attitude. "A great deal of scarce departmental
resources have already been wasted on Mr. Taylor and his incessant tirade of
complaints." |
Sally
Neighbour: |
Roseanne
Catt's complaint about how Thomas had handled her old arson charge was also
dismissed, but not forgotten. |
Roseanne
Catt: |
He
did have a vendetta against me. He hated me greatly. |
Speaker
15: |
He
told you this? |
Roseanne
Catt: |
He
told me how much he hated me, yes. |
Speaker
16: |
Mrs.
Catt was arrested at her Cornwall Street home by members of Taree police and the New Castle Regional Crime Squad
headed by Detective Sergeant Peter Thomas. |
Sally
Neighbour: |
The
arrest and conviction of Roseanne Catt was the crowning achievement of
Detective Peter Thomas. Thomas used his trademark energy in amassing evidence
to ensure his old adversary got what was coming to her. |
Speaker
17: |
I
was taken into the detective's office and I'd seen mum's belongings there,
what they'd got from her place, and he was very confident. He sat down and he
explained to me all the charges that he had placed on my mother to put her
away for life, and saying that's what he wanted. He was drinking beer, and
basically it was a celebration for him. |
Sally
Neighbour: |
What
do you think he was celebrating? |
Speaker
17: |
His
victory on having mum locked away of all these charges and, as he said, he
had an enough there to put her away for life, and he was quite happy with
that. He read them all out to me and told me how long she'd get for each one. |
Sally
Neighbour: |
Roseanne
Catt was charged with a series of offences against her husband Barry. In an
ugly domestic drama replayed on the nightly tabloid TV shows. |
Barry
Catt: |
She
would have to be worse than Satan if Satan was a woman. |
Sally
Neighbour: |
Described
in court as an evil, manipulative woman Roseanne Catt was accused of setting
out to destroy her husband, so she could take over his panel beating business
in Taree. The Crown case was that she tried to poison
him, she'd offered people money to kill him, she fabricated allegations that
he molested his children, she'd attacked him with a cricket bat and a rock,
and stabbed him with a fruit knife during a picnic. |
Speaker
19: |
I'll
stab you too in a minute. |
Sally
Neighbour: |
Barry
Catt had known Detective Thomas for years, and Thomas took on his case with a
vengeance. |
Bruce
Miles: |
You
can go down central court any day of the week and see the domestic violence
courts and you get the threats, and the violence, and the hatred, and all the
odd things that happen in these domestic situations. |
Sally
Neighbour: |
Veteran
criminal lawyer Bruce Miles has recently taken on Roseanne Catt's case. |
Bruce
Miles: |
Oddly
enough, some of the matters I understand, in respect of which she went to
trial, had occurred long before she was ever charged, and probably would have
never been brought to a court anyhow until Peter Thomas in his zeal, entered
the court and raked up this, raked up that, raked up that, and charged a girl
with a combination of all those matters. |
Sally
Neighbour: |
Thomas'
zeal became apparent when the case got to trial. Social workers caring for
the Catt children complained of continual intimidation, aggression, and
threats made by Detective Thomas. A witness quoted Thomas saying,
"Roseanne would go behind bars because that's where sluts like her
belong." |
|
At
one point, Thomas was ordered off the case by his superiors. He protested
furiously claiming the order was unlawful and unfair. He was allowed to stay
in charge of case. |
Barry
Catt: |
Peter
Thomas, I must admire him in this way, that he could've passed the paperwork
to someone else, but he stood there as doing his job right for the right
reasons, but he did not have to. |
Sally
Neighbour: |
He
didn't like her though, did he? |
Barry
Catt: |
I
don't know. I don't think ... if Peter Thomas didn't like her I don't think
Roseanne would say she liked Peter Thomas either. |
Sally
Neighbour: |
As
in so many other cases, concerns were raised repeatedly over Thomas's
approach. A bail judge expressed unease about his objectivity suggesting in
the interest of justice that the case be conducted by someone whose
neutrality could not be cast under suspicion. There was this from the trial
judge, "If there was any member of the New South Wales police who should
not have been assigned to the case it was Peter Thomas, due to his history of
antagonism with Roseann Catt." From an appeal judge, "It was most
unfortunate that Thomas was placed in charge as he was far too close to both
sides in the case." |
Speaker
21: |
Today,
after one of the states most extraordinary domestic
violence cases Roseanne Catt was locked up for 10 years. |
Speaker
22: |
After
two days of deliberations the jury returned to declare Roseanne Catt guilty
on eight of nine charges involving assault, stabbing, poisoning- |
Sally
Neighbour: |
The
case Thomas built was so overwhelming that the judge sentenced Roseanne Catt
to 12 years and 3 months, that's more time than some people get for murder.
She's now serving her 10th year in jail. |
Bruce
Miles: |
In
different circumstances, different jurisdictions, different police officers
are prosecuting I believe that Roseanne Catt in matters that have been
established, might've got six months in jail maybe, maybe 12. She had no
previous convictions, she was a girl with a very good record. Goodness knows
what it would've been. It certainly would be a long, long way short of 10
years in jail. |
Speaker
22: |
After
the verdict, Barry Catt thanked detectives who handled the case. |
Sally
Neighbour: |
Peter
Thomas victory over Roseanne Catt marked a less than glorious and to his
police career. By the time she was sentenced he'd been effectively pushed out
of the force. He was still under investigation over his handling of her case,
and yet another allegation had been made against him. It was claimed in a
drug trial that Thomas had agreed to destroy evidence in return for a $30,000
bribe. |
|
When
we found Peter Thomas in Brisbane he declined our request for a formal
interview. When we told him we were filming and attempted to ask questions
the meeting came to an end. |
Peter
Thomas: |
Roseanne
Catt had an opportunity to air those allegations in court. It's not a matter
for me to respond to you. |
Sally
Neighbour: |
There's
been 17 years of these allegations against you. During the time when you were
a police officer you were investigated dozens of times, you were still under
investigation when you left the police force. |
Peter
Thomas: |
I'm
sorry, the meeting is over. I don't wish to discuss any more of it with you. |
Sally
Neighbour: |
Thomas
later sent us a statement denying any wrongdoing and told us all the
complaints against him had been found not sustained. The documents we've
obtained under Freedom of Information so that when he left the force he was
up on two charges of misconduct over his abuse and intimidation of staff from
the Department of Family and Community Services. Another three complaints
that he'd wrongfully taken Roseanne Catt's property were also upheld, none of
these charges proceeded because instead the New South Wales police allowed
Thomas to resign. |
|
After
quitting the New South Wales police Peter Thomas moved to Queensland. It was
then that he set up shop as a private investigator specialising in fire
investigations for the insurance industry. He was so good at it he soon
became the Queensland president of the Arson Investigators Association. |
|
How
well-known is Peter Thomas in the industry? |
John
Higginson: |
He's
a bit of a Johnny-come-lately, he hasn't been around for a long time, but
while he's been here he made a name for himself for getting claims rejected. |
Grant
McKay: |
From
what I've discovered, Peter Thomas places the facts way down on the list in
terms of his investigations. He seems to be results-oriented, and his results
invariably favour the insurance companies. |
Sally
Neighbour: |
The
insurance companies evidently favour Peter Thomas too. 4 Corners has obtained
his register book of jobs and clients from 1993 to '97, it reads like a who's
who of top insurance companies and law firms. We've also obtained some of his
invoices, which show the insurers that use him are prepared to pay well
ranging from $5000 to $16,000 per job. The methods Thomas perfected in the
police force have earned him a name and a lucrative living as the
investigator who gets results. |
Grant
McKay: |
Any
insurer that engages his services would have to be deaf, dumb, and blind not
to see what methods he uses and employees in relation to his investigations. |
Sally
Neighbour: |
Why
are his services in such great demand? |
Grant
McKay: |
The
bottom line is the bottom line. |
Sally
Neighbour: |
He
gets the results they want? |
Grant
McKay: |
Exactly. |
Sally
Neighbour: |
Grant
McKay a former federal policeman and also a private investigator is on Peter
Thomas' trail. McKay got involved when he was hired by a businessman who'd
been charged with arson. His inquiries have snowballed into a wide ranging
investigation of the insurance industry's handling of fire claims. |
Grant
McKay: |
The
pattern seems to be emerging that in particular cases a claim against an
insurer is made by the claimant, in some cases there is no contest by the
police or the fire brigades, in relation to arsons or suspected arsons. Fires
take place, insurance companies become involved through their loss assessors
and investigators, and suddenly people are being charged with arson. The
upshot of that, of course, is that the insurance companies refuse to settle
the claims, and these claims involve many, many millions of dollars. |
Sally
Neighbour: |
McKay
has found a whole series of similar cases, people accused of arson based on
evidence that's at best circumstantial, at worst false. Some of these cases
involve Peter Thomas, others don't. There's enough of them to show it's
systemic across the insurance industry. The insurers offer handsome rewards
to witnesses who help them reject claims, and it seems they're not too fussy
who they pay them too. |
|
In
one of McKay's cases [inaudible] Mutual agreed to pay $50,000 to a career
criminal with 160 prior convictions including armed robbery in return for his
evidence in an arson case. The case collapsed when it turned out the evidence
was false. In many of these cases, the insurers and their investigators work
hand in hand with the police. |
Grant
McKay: |
I'm
aware of people who have been charged by the police as a result of, I
believe, pressure placed on them by the insurers to do so. They have been put
through the criminal justice system, they've been acquitted, and people are
still having to fight to receive their payment. It would seem that the
insurance companies use the civil process to delay payment to the point where
the claimants are either bankrupt, or so very near bankrupt that they will
drop the civil proceedings. |
Sally
Neighbour: |
In
1993, a mansion in the affluent Brisbane suburb of Ascot was destroyed by
fire. Dr. Bruce Gutteridge
and his wife, Elizabeth had spent 15 years restoring their 1860s home. The
damage was in the order of $2 million. As Dr. Gutteridge is a war veteran the insurer was the
Commonwealth government-owned Defence Service Homes. They engaged Peter
Thomas to investigate. |
Dr. Gutterberg: |
Peter
Thomas, at the beginning, was, "Hey fellow, well met, look we're on your
side mate. I'm here to help you," and I was quite completely relaxed. I
had no problems about the fire, and I was happy to talk to him about
anything. |
Sally
Neighbour: |
The
Gutteridges soon found themselves prime suspects.
Mrs. Gutteridge had been at home alone at the time
of the fire and Thomas soon came up with a circumstantial case against her.
His main evidence that she'd been using a powerful tranquilliser sometimes
prescribed for mental illness though, in her case, used for chronic pain from
an old ski injury. |
Dr. Gutterberg: |
He
said that she was mentally unstable, and that she lit the fire, and that she
didn't like the house which she loved. We had all these receipts from all the
people who'd done work on the house, and he'd gone round to every one of
them, and asked them did my wife not like the house? Or did she say that she
hated the house? |
Cliff
Hooper: |
He
appeared to be trying to put words in my mouth, was my biggest concern. It
was- |
Sally
Neighbour: |
Cliff
Hooper who'd repaired the Gutteridges swimming
pool, was approached by an investigator working with Thomas on the case.
Hooper was so concerned he wrote to the Gutteridges
to warn them. |
Cliff
Hooper: |
I
was saying he's trying to put words in my mouth to say that I knew something
that maybe she didn't like the house, or it was too much work for her then,
or anything like that. |
Sally
Neighbour: |
Thomas
sent all his evidence to the police, and persuaded them there was a case
against Mrs. Gutteridge. |
Mrs
Gutteridge: |
Everyone
was asking after you. |
Dr. Gutterberg: |
Ah
good. |
Sally
Neighbour: |
The
statements he'd taken were then transferred onto Queensland police statement
paper and became part of the police brief. The same evidence was used by the
insurance company to name the Gutteridges as the
only serious suspects. |
|
Was
there any evidence to this to support the notion that your wife had with the
fire? |
Dr. Gutterberg: |
No,
completely none. None at all. That's why it thrown out by the coroner and why
they subsequently agreed to settle in the Supreme Court. |
Sally
Neighbour: |
The
coroner, who conducts fire inquiries in Queensland, found the accusation
against Mrs. Gutteridge was mere conjecture and she
had no case to answer. |
Mrs
Gutteridge: |
I'm
just very happy it's over. Thank you. |
Sally
Neighbour: |
That
still wasn't good enough for the insurance company, Defence Service Homes.
Even after they were exonerated, the Gutteridges
had to take the insurer to court to get their pay out. |
Dr. Gutterberg: |
We
just felt astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
At
least the Gutteridges had the resources to fight,
some people don't. In a similar case, also involving Defence Service Homes
and Peter Thomas, another war veteran, Jim [Spr-ot]
was charged with arson, but acquitted when the judge ruled that there was no
case. The insurer is still refusing to pay. |
Jim
Sprot: |
I
can't understand what the insurance company doesn't understand when the judge
says, "Not guilty." I just, honestly, can't understand what they
can't understand. |
Sally
Neighbour: |
In
an amazing post script to the Gutteridge case, five
years later the tradesman who'd complained about the investigator had his own
home severely damaged by fire. Cliff Hooper, too, found himself accused of
arson. Peter Thomas was not involved in his case, but Hooper's treatment
shows that Thomas' methods are far from unique in the insurance game. |
|
How
far will these investigators go? |
Cliff
Hooper: |
They'll
stop at nothing. They will absolutely stop nothing. Anything that you could
believe that could be possibly done I believe they will do. |
Sally
Neighbour: |
Hooper,
his wife, and an employee were charged after pressure from his insurer, AMP.
A series of documents came to light in the employee's trial, they reveal a
ruthless campaign by AMP to nail Hooper for arson. The memos were written by
AMP's own senior investigator at the time. First AMP, bullied the police to
investigate. |
Speaker
26: |
"I
advised our investigator to tell the police to get motivated, or threaten to
lodge a formal complaint with their superiors." |
Sally
Neighbour: |
Then
AMP gloated when the Hoopers were charged. |
Speaker
26: |
"To
all concerned ... Great news ... Mr & Mrs Hooper and the employee have
been charged by the police. This is great news, but the race is not won yet
... A job well done to all concerned. I love it when the bad guys get charged
and the good guys save money." |
Sally
Neighbour: |
Next,
AMP [heav-ied] the Director of Public Prosecutions
who'd suggested dropping the charges against Hooper and only proceeding
against the employee. |
Speaker
26: |
"This,
of course, did not assist the insurance claim that is pending the outcome of
these charges. After lengthy debate between myself and the solicitor of the
DPP they agreed to run the case against the Hoopers." |
Sally
Neighbour: |
Finally,
AMP threw all its legal and corporate muscle into the case. |
Speaker
26: |
"We
should allocate all possible resources to assisting the police obtain a
guilty verdict. If the police are not successful the civil case will be that
much harder to defend." |
Cliff
Hooper: |
Very
soul destroying, and I don't know how long it's going to go on for, but yeah
very soul destroying. |
Sally
Neighbour: |
Despite
AMP's best efforts Cliff Hooper was acquitted. AMP finally settled his
insurance claim out of court with a clause that forbids him from discussing
the particulars of his case. |
|
What
do you think about how they treat people? |
Cliff
Hooper: |
They
don't care morally what they do to a person whether they destroy them
financially, or health wise, or any way they can. It looks like their aim is
to get people in the financial into financial trouble, to say they can't
fight it properly, or affect their health in such a way that people just give
up, and don't want to do anything. |
Sally
Neighbour: |
4
Corners has some questions for the insurance companies on behalf of the
people they've burned. Is the laying of arson charges a deliberate strategy
to justify rejecting claims? Do the insurance companies know, and do they
care what methods their investigators use? Why do they continue to use
investigators, like Peter Thomas and others, these methods are well known?
Unfortunately, none of the companies in these cases would be interviewed.
Incredibly, nor would their peak body The Insurance Council of Australia. They
referred us instead to their code of practise which says, "Insurers
shall require investigators to operate in a professional manner."
Judging from what we've seen that's not worth the paper it's written on, and
nor is the insurance industry's old motto, in utmost good faith. |
Grant
McKay: |
I
believe that this is just the tip of the iceberg in terms of people suffering
at the hands of these major international companies. I'm calling for a
commission of inquiry into the insurance industry. I would like to see their
claims examined, and put under scrutiny particularly as to the validity of
each contested claim. I would suspect that a can of worms is just about to be
opened, and it's something that I think it's about time that this took place. |
Sally
Neighbour: |
It's
the dead of night. Fire crackles and takes hold. The building is destroyed,
there's no sign of arson, but the owner is blamed for lighting the fire. |
George
Nagi: |
I
was under the impression that I was insured until I lodged a claim. Then, all
of a sudden, I'm being accused of being a criminal, which I'm not. |
Sally
Neighbour: |
It's
not an isolated case. Time and time again innocent people are accused of
arson, so insurance companies can reject their claims. |
George
Nagi: |
We
just felt just, astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
The
dirty work of finding the evidence is done not by the insurers, but by the
investigators they hire. |
Grant
McKay: |
They
will commit perjury, they will tamper with evidence, they will exert
influence on witnesses, improper influence on witnesses. |
Sally
Neighbour: |
One
investigator, arson cop turned private eye, Peter Thomas has earned himself
quite a name. |
George
Nagi: |
I
think he's a crook. |
Sid
Bates: |
To
me he was just a slime. |
George
Nagi: |
He's
a liar. |
Sid
Bates: |
Just
a real slime bag. |
George
Nagi: |
In
my opinion, he's a con man. |
Sally
Neighbour: |
Tonight,
on 4 Corners, the insurance industry's policy scam. Who's liable for the
people they've burned? |
|
It
was the night of July 12th last year in the town of Monto, in Northeast
Queensland when George [Nag-i's] New Royal Hotel went up in flames. |
George
Nagi: |
The
night of the fire, like every other Sunday, we had our family dinner. We had
picked up takeaway from the Chinese restaurant, and then put a couple of
tables together, and the entire family sat down for dinner. |
Gina
Hart: |
Woke
up at about 2 o'clock in the morning to have a glass of water and the sky was
bright orange. I thought it was the end of the world actually, and about 10
minutes later I got a phone call from a friend of mine to let me know that
the hotel was ablaze. I got in the car, and took off very quickly, and got to
town, and it was horrific. |
Sally
Neighbour: |
By
the time firemen arrived the old timber pub was engulfed by flames.
Initially, there was no idea of the cause. Forensic experts said, later, it
was most likely an electric blanket in one of the rooms. The police and fire
brigade said there was nothing suspicious, and no evidence of arson. The pub
was burned to the ground. |
George
Nagi: |
The
entrance to the public part used to be on the corner here where you can see
the concrete has been broken up. There used to be a double swinging door just
typical of a country pub. |
Sally
Neighbour: |
George
[Na-gi] had just spent close to $100,000
refurbishing the pub, and buying five poker machines, which were delivered a
month after the fire. |
George
Nagi: |
In
one night, within hours, I had lost my business, I lost my home, I lost all
my personal belongings that weren't insured. I lost my family, so to speak,
because my marriage broke up, so I lost everything. |
Sally
Neighbour: |
[Na-gi] kept trading in a makeshift bar set up in his bottle
shop, which had survived the fire. He lodged a claim for $608,000 with his
insurer, Lloyd's of London. The broker who'd sold [Na-gi]
his policy then assigned a private investigator by the name of Peter Thomas
to the case. |
|
Thomas
is a former New South Wales detective who left the police force with a
reputation that he's carried over into his new career as a PI. |
George
Nagi: |
At
first, he was friendly, and very smooth talking. He was even shouting in the
bar to every Tom, Dick, and Harry that happened to walk into the pub he was
shouting them drinks, saying, "This is on Lloyd's of London." |
Speaker
7: |
[inaudible]. |
Sally
Neighbour: |
The
mood soon changed when a letter arrived from the insurer's lawyers refusing
to pay saying the fire had been deliberately caused either by Mr. [Na-gi] or with his connivance. |
Speaker
8: |
They
tell me that's the skull head of an insurance investigator. |
Sally
Neighbour: |
What
was your reaction when you got that letter from the insurance company
accusing you of lighting the fire? |
George
Nagi: |
I
was really angry because there is no indication, I had no motive, I had no
intentions. |
Sally
Neighbour: |
What
evidence did they have for that? |
George
Nagi: |
I
don't believe they've they've got anything else,
but whatever Peter Thomas may have fabricated against me. |
Sally
Neighbour: |
[Na-gi] hired his own expert, insurance loss assessor, John
[Higgin-son] to look into this case. |
John
Higginson: |
When
I first spoke to Thomas he said that he was going to build a circumstantial
case against George [Na-gi] that he burned the hotel
down. |
Sally
Neighbour: |
Peter
Thomas effectively told to he was setting out to nail George [Na-gi]? |
John
Higginson: |
He
told me that, yeah. |
Gina
Hart: |
He
just seemed to be focused on proving what he believed to be true on that at
the time, and he'd made his mind up that George was guilty of arson, and just
wanted to simply prove that. |
Sally
Neighbour: |
What
was the offer that he made to you at that point? |
Gina
Hart: |
It
was an offer for $10,000. He said to me that, "I've come prepared to
offer you $10,000 if you can admit to me ... or admit in court," I
should say," That George had admitted to you in a moment of passion that
he had lit the fire." |
Sally
Neighbour: |
Where
did you understand that that $10,000 was to come from? |
Gina
Hart: |
I
believed it was from the insurance company. |
Sally
Neighbour: |
After
Gina Hart rejected his offer Thomas placed a newspaper ad appealing to a
guest who'd stayed in the hotel the night before the fire. Enticed by the
reward offered the man came forward and made a statement saying he hadn't
used an electric blanket in his room. Remember, an electric blanket was
thought to have caused the fire. The man was paid $1000 by Thomas for his
statement. |
George
Nagi: |
It's
very, very simple. |
Sally
Neighbour: |
George
[Na-gi] has never been charged, but apparently on
the strengths of the guest's statement Lloyd's is still refusing to pay. As
we'll see, [Na-gi's] story is an all too common
one. An arson claim based on false or flimsy evidence, or no evidence at all
made by a dubious investigator to justify the insurer rejecting a claim. |
George
Nagi: |
Peter
Thomas was glad to do a job. The insurers have known his reputation and they
still hired him. |
Sally
Neighbour: |
What
do you think the job was that he was hired to do? |
George
Nagi: |
Perhaps
to kill the claim, that's it. He was hired to kill the claim. Obviously, the
insurance company doesn't want to pay me regardless of whether I have paid my
premium or not they just don't want to pay. |
John
Higginson: |
Some
investigators are totally unscrupulous, and they're the ones who got to be
wiped out of the industry. There are a lot of good investigators out there,
who go out and do the job properly, and come back with a factual report of
what evidence is available for the underwriters. They're the ones who should
stay in the industry. |
Sally
Neighbour: |
These
unscrupulous operators you refer to, what sort of characters are they? Where
do they come from? |
John
Higginson: |
Generally,
they're are ex-police officers most likely from down south without any
previous training in the insurance industry. They come to Queensland, or get
out of the police force, and set themselves up as an investigator because
they can get an investigator's licence. Then, they go out to prove what a
hero they are by getting claims rejected. |
Sally
Neighbour: |
The
investigator in this case, Peter Thomas, is the best in the business of
killing fire claims. Thomas is based in Brisbane where our researcher tracked
him down. Since leaving the police force, Thomas has found himself a
lucrative new career with top insurers paying upwards of $10,000 per claim
killed. A chequered police record has apparently been no obstacle and Peter
Thomas' record is as chequered as they come. |
|
Thomas
left the New South Wales police in 1991 after 21 years. He'd been the subject
of dozens of complaints. |
Errol
Taylor: |
This
is one more where the ombudsman has said under the circumstances no further
action will be taken and, as you see, there's a whole litany of them. |
Sally
Neighbour: |
The
list of complaints during Thomas' police career suggests his modus operandi
hasn't changed. They date back more than 20 years. One of the first
complaints was made by Errol Taylor in 1983 when Thomas was a detective in
the New South Wales town of Taree. |
Errol
Taylor: |
I
was arrested on my property and taken to the Wingham
police station where I was handcuffed to, I believe, a writing desk from 7 in
the evening until about 11 o'clock in the evening. I was punched below the
eye by Peter Thomas three or four times. I could smell the alcohol on his
breath when he leaned forward to punch me. I think he was trying to get me to
make an admission, or I don't know what he was up to. |
Sally
Neighbour: |
Taylor
was charged with growing and supplying Indian hemp, but later accredited. He
lodged a formal complaint, and then began some inquiries of his own into
Detective Thomas. |
Errol
Taylor: |
I
met a lot of people who had stories about him. I met people who'd been
assaulted by him, I was told about accidents he had driving police vehicles
under the influence. There was a whole litany of these ... what would you
call them? Perversions of the course of justice, assaults, and fabrications. |
Sally
Neighbour: |
By
Peter Thomas? |
Errol
Taylor: |
Yes. |
Sally
Neighbour: |
Detective
Thomas was a conspicuous figure around Taree. He
was an avid punter and regular at the local racetrack. He and another
detective had a race horse of their own, and boasted of winnings in the tens
of thousands of dollars. Thomas would place a bet of hundreds of dollars at a
time. In the words of one former police colleague, "Thomas ran his own
race." In this close-knit community word of his reputation got around. |
Speaker
11: |
Taken
over the running and [inaudible]. |
Errol
Taylor: |
I
was investigating people who'd been assaulted by Thomas, and one of the
medical practitioners said go and see Roseanne at Roseanne's Deli, she can
tell you stories about Peter Thomas and the police. |
Sally
Neighbour: |
Roseanne
Catt was a local businesswoman who'd also fallen foul of Detective Thomas. In
1983, the deli she ran had been damaged by a fire. Thomas, who'd begun to
make arson his specialty, charged her. The charge was later withdrawn. She
too lodged a formal complaint claiming Thomas had assaulted her and her
partner, sexually harassed her, and been biassed in
his investigation. Roseanne Catt then joined forces with Errol Taylor to
collect complaints against Peter Thomas. It would make them lasting enemy. |
Errol
Taylor: |
Roseanne,
having a deli on the main street, knew a lot of people who came in and would
talk to her, she gained their trust, and various people they lodged
complaints when they realised there was somebody to appeal to. |
Sally
Neighbour: |
How
many complaints did you gather? |
Errol
Taylor: |
There
would've been 20 or 30 passed onto the ombudsman from memory, this is 17
years ago, but a whole heap of them. |
Sally
Neighbour: |
Thomas
made enemies within the force too. There were run-ins with his superiors
after he was caught more than once driving a police car while drunk. As the
complaints mounted he was transferred to New Castle, but it was hardly a
promotion. As Detective Sergeant in the Regional Crime Squad his territory
extended all the way to the Queensland border, and his reputation spread even
further afield. |
|
In
1987, in the tiny New South Wales town of Lawrence the local pub went up in
flames. In a story much like George [Na-gi's]
ordeal 12 years later, the publican Sid Bates was accused of lighting the
fire. He was charged by Detective Thomas. |
Sid
Bates: |
I
was 51 or 52 at the time, and it's a big loss, but at that time with the
[inaudible] I supposed we'd get the money somewhere to rebuild, but then
after we got charged with the fire it was a bigger loss. You just didn't know
where you were going then. |
Sally
Neighbour: |
Witnesses
said the fire had spread great speed, but there was no physical evidence of
arson. Bates had been away at the time. In the style he would make his
trademark, Thomas set out to build a circumstantial case. He claimed that
Bates had placed an accelerant in the pub, and set it to ignite using either
an incendiary device or an accomplice. There was no evidence to support this
just the fact that Bates was behind in his mortgage payments, had a dispute
over money with his son, and needed to make costly repairs at a time when
business had been slow. The fact that his assets of over a million dollars
well outweighed liabilities was ignored. |
Sid
Bates: |
He
kept asking me about the money, about the financial side of the pub, and that
sort of thing, but he also kept bringing up about how much money I had in my
pocket. He say he'd give me some money, or anything like that, but he did
indicate to me the way how much money have you got in your pocket, if I'd
given that I probably mightn't have been charged or he might've helped me, I
don't know. It was one of those things. |
Sally
Neighbour: |
Again,
just like the [Na-gi] case it's claimed Thomas
offered money to the barmaid to say that Bates had lit the fire. |
Sid
Bates: |
He
said he'd give [Bev-y] $25,000 if she'd just say I'd burnt the pub down. Bev
was living in a caravan park at the time in a van, and her annex was all
tattered and torn, and he even promised to pay for a new annex, put a new
annex on her van. She objected completely to it and told him to [inaudible]. |
Sally
Neighbour: |
The
barmaid has confirmed to 4 Corners that Thomas offered her money, but says
she can't recall now the exact amount. Thomas didn't say where the money was
to come from. |
Speaker
12: |
It's
going to be a hot summer. |
Sid
Bates: |
[inaudible]. |
Sally
Neighbour: |
Because
he'd been charged Sid Bates' insurance company refused to pay his claim. The
insurer then went bankrupt, so he was never paid. With no supporting evidence
the charge laid by Detective Thomas was later withdrawn. |
Sid
Bates: |
Looking
back on all the things that he's done to other people in the area he's left
the devastation of problems wherever he went. Not only that, I think the
Crown is very, very guilty for what they've ... had someone employed. If it
was a private enterprise they would have him in jail if he was employed by
private enterprise, the things that he's done. |
Sally
Neighbour: |
If
the Crown needed proof of Thomas' methods it would, in another case in 1989.
An explosion of gel ignite had gone off in Byron Bay under the local
Commonwealth Employment Service. There was an anonymous call from someone
claiming to have done it because they were sick of dull [bludg-ers],
but Detective Peter Thomas who was seen to investigate wasn't convinced. He
charged the couple who owned the restaurant above the CES claiming it was an
insurance job. Once again, he had no evidence, so Thomas resorted to pressure
and threats. This interview was secretly taped by the woman he charged and
later tendered in court. |
Peter
Thomas: |
Can
I just say this to you, you help me and I'll help you. The only way you can
get out of it is to give him up, and I tell you what, in the long run, we
shake the life out of both of you because I can never guarantee that the court
will do to you, but by the Christ, there's a lot we can do to you. |
Sally
Neighbour: |
When
the case went to trial the Crown refused to present Detective Thomas'
evidence saying it was compromised and unreliable, and his approach was
reprehensible. The accused were acquitted. The judge was equally scathing,
Thomas' investigation was, "Illogical ... factually inaccurate ... quite
improper ... and singularly unprofessional." He had, "Failed to
appreciate the distinction between
suspicion and evidence." The judge said there was a strong case that
Detective Thomas himself given false evidence. |
Errol
Taylor: |
The
ombudsman has said under the circumstances- |
Sally
Neighbour: |
By
this time, the police Internal Affairs Department had a file on Thomas that
would grow to more than 4000 pages, a file 60 cm thick. The complaints lodged
back in Taree by Errol Taylor and his friend
Roseanne Catt was still dragging on. Despite the mounting evidence against
Thomas, their complaints were being one by one dismissed by the ombudsman and
the police. |
Errol
Taylor: |
Here
is an illustration of the attitude. "A great deal of scarce departmental
resources have already been wasted on Mr. Taylor and his incessant tirade of
complaints." |
Sally
Neighbour: |
Roseanne
Catt's complaint about how Thomas had handled her old arson charge was also
dismissed, but not forgotten. |
Roseanne
Catt: |
He
did have a vendetta against me. He hated me greatly. |
Speaker
15: |
He
told you this? |
Roseanne
Catt: |
He
told me how much he hated me, yes. |
Speaker
16: |
Mrs.
Catt was arrested at her Cornwall Street home by members of Taree police and the New Castle Regional Crime Squad
headed by Detective Sergeant Peter Thomas. |
Sally
Neighbour: |
The
arrest and conviction of Roseanne Catt was the crowning achievement of
Detective Peter Thomas. Thomas used his trademark energy in amassing evidence
to ensure his old adversary got what was coming to her. |
Speaker
17: |
I
was taken into the detective's office and I'd seen mum's belongings there,
what they'd got from her place, and he was very confident. He sat down and he
explained to me all the charges that he had placed on my mother to put her
away for life, and saying that's what he wanted. He was drinking beer, and
basically it was a celebration for him. |
Sally
Neighbour: |
What
do you think he was celebrating? |
Speaker
17: |
His
victory on having mum locked away of all these charges and, as he said, he
had an enough there to put her away for life, and he was quite happy with
that. He read them all out to me and told me how long she'd get for each one. |
Sally
Neighbour: |
Roseanne
Catt was charged with a series of offences against her husband Barry. In an
ugly domestic drama replayed on the nightly tabloid TV shows. |
Barry
Catt: |
She
would have to be worse than Satan if Satan was a woman. |
Sally
Neighbour: |
Described
in court as an evil, manipulative woman Roseanne Catt was accused of setting
out to destroy her husband, so she could take over his panel beating business
in Taree. The Crown case was that she tried to poison
him, she'd offered people money to kill him, she fabricated allegations that
he molested his children, she'd attacked him with a cricket bat and a rock,
and stabbed him with a fruit knife during a picnic. |
Speaker
19: |
I'll
stab you too in a minute. |
Sally
Neighbour: |
Barry
Catt had known Detective Thomas for years, and Thomas took on his case with a
vengeance. |
Bruce
Miles: |
You
can go down central court any day of the week and see the domestic violence
courts and you get the threats, and the violence, and the hatred, and all the
odd things that happen in these domestic situations. |
Sally
Neighbour: |
Veteran
criminal lawyer Bruce Miles has recently taken on Roseanne Catt's case. |
Bruce
Miles: |
Oddly
enough, some of the matters I understand, in respect of which she went to
trial, had occurred long before she was ever charged, and probably would have
never been brought to a court anyhow until Peter Thomas in his zeal, entered
the court and raked up this, raked up that, raked up that, and charged a girl
with a combination of all those matters. |
Sally
Neighbour: |
Thomas'
zeal became apparent when the case got to trial. Social workers caring for
the Catt children complained of continual intimidation, aggression, and
threats made by Detective Thomas. A witness quoted Thomas saying,
"Roseanne would go behind bars because that's where sluts like her
belong." |
|
At
one point, Thomas was ordered off the case by his superiors. He protested
furiously claiming the order was unlawful and unfair. He was allowed to stay
in charge of case. |
Barry
Catt: |
Peter
Thomas, I must admire him in this way, that he could've passed the paperwork
to someone else, but he stood there as doing his job right for the right
reasons, but he did not have to. |
Sally
Neighbour: |
He
didn't like her though, did he? |
Barry
Catt: |
I
don't know. I don't think ... if Peter Thomas didn't like her I don't think
Roseanne would say she liked Peter Thomas either. |
Sally
Neighbour: |
As
in so many other cases, concerns were raised repeatedly over Thomas's
approach. A bail judge expressed unease about his objectivity suggesting in
the interest of justice that the case be conducted by someone whose
neutrality could not be cast under suspicion. There was this from the trial
judge, "If there was any member of the New South Wales police who should
not have been assigned to the case it was Peter Thomas, due to his history of
antagonism with Roseann Catt." From an appeal judge, "It was most
unfortunate that Thomas was placed in charge as he was far too close to both
sides in the case." |
Speaker
21: |
Today,
after one of the states most extraordinary domestic
violence cases Roseanne Catt was locked up for 10 years. |
Speaker
22: |
After
two days of deliberations the jury returned to declare Roseanne Catt guilty
on eight of nine charges involving assault, stabbing, poisoning- |
Sally
Neighbour: |
The
case Thomas built was so overwhelming that the judge sentenced Roseanne Catt
to 12 years and 3 months, that's more time than some people get for murder.
She's now serving her 10th year in jail. |
Bruce
Miles: |
In
different circumstances, different jurisdictions, different police officers
are prosecuting I believe that Roseanne Catt in matters that have been
established, might've got six months in jail maybe, maybe 12. She had no
previous convictions, she was a girl with a very good record. Goodness knows
what it would've been. It certainly would be a long, long way short of 10
years in jail. |
Speaker
22: |
After
the verdict, Barry Catt thanked detectives who handled the case. |
Sally
Neighbour: |
Peter
Thomas victory over Roseanne Catt marked a less than glorious and to his
police career. By the time she was sentenced he'd been effectively pushed out
of the force. He was still under investigation over his handling of her case,
and yet another allegation had been made against him. It was claimed in a
drug trial that Thomas had agreed to destroy evidence in return for a $30,000
bribe. |
|
When
we found Peter Thomas in Brisbane he declined our request for a formal
interview. When we told him we were filming and attempted to ask questions
the meeting came to an end. |
Peter
Thomas: |
Roseanne
Catt had an opportunity to air those allegations in court. It's not a matter
for me to respond to you. |
Sally
Neighbour: |
There's
been 17 years of these allegations against you. During the time when you were
a police officer you were investigated dozens of times, you were still under
investigation when you left the police force. |
Peter
Thomas: |
I'm
sorry, the meeting is over. I don't wish to discuss any more of it with you. |
Sally
Neighbour: |
Thomas
later sent us a statement denying any wrongdoing and told us all the
complaints against him had been found not sustained. The documents we've
obtained under Freedom of Information so that when he left the force he was
up on two charges of misconduct over his abuse and intimidation of staff from
the Department of Family and Community Services. Another three complaints
that he'd wrongfully taken Roseanne Catt's property were also upheld, none of
these charges proceeded because instead the New South Wales police allowed
Thomas to resign. |
|
After
quitting the New South Wales police Peter Thomas moved to Queensland. It was
then that he set up shop as a private investigator specialising in fire
investigations for the insurance industry. He was so good at it he soon
became the Queensland president of the Arson Investigators Association. |
|
How
well-known is Peter Thomas in the industry? |
John
Higginson: |
He's
a bit of a Johnny-come-lately, he hasn't been around for a long time, but
while he's been here he made a name for himself for getting claims rejected. |
Grant
McKay: |
From
what I've discovered, Peter Thomas places the facts way down on the list in
terms of his investigations. He seems to be results-oriented, and his results
invariably favour the insurance companies. |
Sally
Neighbour: |
The
insurance companies evidently favour Peter Thomas too. 4 Corners has obtained
his register book of jobs and clients from 1993 to '97, it reads like a who's
who of top insurance companies and law firms. We've also obtained some of his
invoices, which show the insurers that use him are prepared to pay well
ranging from $5000 to $16,000 per job. The methods Thomas perfected in the
police force have earned him a name and a lucrative living as the
investigator who gets results. |
Grant
McKay: |
Any
insurer that engages his services would have to be deaf, dumb, and blind not
to see what methods he uses and employees in relation to his investigations. |
Sally
Neighbour: |
Why
are his services in such great demand? |
Grant
McKay: |
The
bottom line is the bottom line. |
Sally
Neighbour: |
He
gets the results they want? |
Grant
McKay: |
Exactly. |
Sally
Neighbour: |
Grant
McKay a former federal policeman and also a private investigator is on Peter
Thomas' trail. McKay got involved when he was hired by a businessman who'd
been charged with arson. His inquiries have snowballed into a wide ranging
investigation of the insurance industry's handling of fire claims. |
Grant
McKay: |
The
pattern seems to be emerging that in particular cases a claim against an
insurer is made by the claimant, in some cases there is no contest by the
police or the fire brigades, in relation to arsons or suspected arsons. Fires
take place, insurance companies become involved through their loss assessors
and investigators, and suddenly people are being charged with arson. The
upshot of that, of course, is that the insurance companies refuse to settle
the claims, and these claims involve many, many millions of dollars. |
Sally
Neighbour: |
McKay
has found a whole series of similar cases, people accused of arson based on
evidence that's at best circumstantial, at worst false. Some of these cases
involve Peter Thomas, others don't. There's enough of them to show it's
systemic across the insurance industry. The insurers offer handsome rewards
to witnesses who help them reject claims, and it seems they're not too fussy
who they pay them too. |
|
In
one of McKay's cases [inaudible] Mutual agreed to pay $50,000 to a career
criminal with 160 prior convictions including armed robbery in return for his
evidence in an arson case. The case collapsed when it turned out the evidence
was false. In many of these cases, the insurers and their investigators work
hand in hand with the police. |
Grant
McKay: |
I'm
aware of people who have been charged by the police as a result of, I
believe, pressure placed on them by the insurers to do so. They have been put
through the criminal justice system, they've been acquitted, and people are
still having to fight to receive their payment. It would seem that the
insurance companies use the civil process to delay payment to the point where
the claimants are either bankrupt, or so very near bankrupt that they will
drop the civil proceedings. |
Sally
Neighbour: |
In
1993, a mansion in the affluent Brisbane suburb of Ascot was destroyed by
fire. Dr. Bruce Gutteridge
and his wife, Elizabeth had spent 15 years restoring their 1860s home. The
damage was in the order of $2 million. As Dr. Gutteridge is a war veteran the insurer was the
Commonwealth government-owned Defence Service Homes. They engaged Peter
Thomas to investigate. |
Dr. Gutterberg: |
Peter
Thomas, at the beginning, was, "Hey fellow, well met, look we're on your
side mate. I'm here to help you," and I was quite completely relaxed. I
had no problems about the fire, and I was happy to talk to him about
anything. |
Sally
Neighbour: |
The
Gutteridges soon found themselves prime suspects.
Mrs. Gutteridge had been at home alone at the time
of the fire and Thomas soon came up with a circumstantial case against her.
His main evidence that she'd been using a powerful tranquilliser sometimes
prescribed for mental illness though, in her case, used for chronic pain from
an old ski injury. |
Dr. Gutterberg: |
He
said that she was mentally unstable, and that she lit the fire, and that she
didn't like the house which she loved. We had all these receipts from all the
people who'd done work on the house, and he'd gone round to every one of
them, and asked them did my wife not like the house? Or did she say that she
hated the house? |
Cliff
Hooper: |
He
appeared to be trying to put words in my mouth, was my biggest concern. It
was- |
Sally
Neighbour: |
Cliff
Hooper who'd repaired the Gutteridges swimming
pool, was approached by an investigator working with Thomas on the case.
Hooper was so concerned he wrote to the Gutteridges
to warn them. |
Cliff
Hooper: |
I
was saying he's trying to put words in my mouth to say that I knew something
that maybe she didn't like the house, or it was too much work for her then,
or anything like that. |
Sally
Neighbour: |
Thomas
sent all his evidence to the police, and persuaded them there was a case
against Mrs. Gutteridge. |
Mrs
Gutteridge: |
Everyone
was asking after you. |
Dr. Gutterberg: |
Ah
good. |
Sally
Neighbour: |
The
statements he'd taken were then transferred onto Queensland police statement
paper and became part of the police brief. The same evidence was used by the
insurance company to name the Gutteridges as the
only serious suspects. |
|
Was
there any evidence to this to support the notion that your wife had with the
fire? |
Dr. Gutterberg: |
No,
completely none. None at all. That's why it thrown out by the coroner and why
they subsequently agreed to settle in the Supreme Court. |
Sally
Neighbour: |
The
coroner, who conducts fire inquiries in Queensland, found the accusation
against Mrs. Gutteridge was mere conjecture and she
had no case to answer. |
Mrs
Gutteridge: |
I'm
just very happy it's over. Thank you. |
Sally
Neighbour: |
That
still wasn't good enough for the insurance company, Defence Service Homes.
Even after they were exonerated, the Gutteridges
had to take the insurer to court to get their pay out. |
Dr. Gutterberg: |
We
just felt astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
At
least the Gutteridges had the resources to fight,
some people don't. In a similar case, also involving Defence Service Homes
and Peter Thomas, another war veteran, Jim [Spr-ot]
was charged with arson, but acquitted when the judge ruled that there was no
case. The insurer is still refusing to pay. |
Jim
Sprot: |
I
can't understand what the insurance company doesn't understand when the judge
says, "Not guilty." I just, honestly, can't understand what they
can't understand. |
Sally
Neighbour: |
In
an amazing post script to the Gutteridge case, five
years later the tradesman who'd complained about the investigator had his own
home severely damaged by fire. Cliff Hooper, too, found himself accused of
arson. Peter Thomas was not involved in his case, but Hooper's treatment
shows that Thomas' methods are far from unique in the insurance game. |
|
How
far will these investigators go? |
Cliff
Hooper: |
They'll
stop at nothing. They will absolutely stop nothing. Anything that you could
believe that could be possibly done I believe they will do. |
Sally
Neighbour: |
Hooper,
his wife, and an employee were charged after pressure from his insurer, AMP.
A series of documents came to light in the employee's trial, they reveal a
ruthless campaign by AMP to nail Hooper for arson. The memos were written by
AMP's own senior investigator at the time. First AMP, bullied the police to
investigate. |
Speaker
26: |
"I
advised our investigator to tell the police to get motivated, or threaten to
lodge a formal complaint with their superiors." |
Sally
Neighbour: |
Then
AMP gloated when the Hoopers were charged. |
Speaker
26: |
"To
all concerned ... Great news ... Mr & Mrs Hooper and the employee have
been charged by the police. This is great news, but the race is not won yet
... A job well done to all concerned. I love it when the bad guys get charged
and the good guys save money." |
Sally
Neighbour: |
Next,
AMP [heav-ied] the Director of Public Prosecutions
who'd suggested dropping the charges against Hooper and only proceeding
against the employee. |
Speaker
26: |
"This,
of course, did not assist the insurance claim that is pending the outcome of
these charges. After lengthy debate between myself and the solicitor of the
DPP they agreed to run the case against the Hoopers." |
Sally
Neighbour: |
Finally,
AMP threw all its legal and corporate muscle into the case. |
Speaker
26: |
"We
should allocate all possible resources to assisting the police obtain a
guilty verdict. If the police are not successful the civil case will be that
much harder to defend." |
Cliff
Hooper: |
Very
soul destroying, and I don't know how long it's going to go on for, but yeah
very soul destroying. |
Sally
Neighbour: |
Despite
AMP's best efforts Cliff Hooper was acquitted. AMP finally settled his
insurance claim out of court with a clause that forbids him from discussing
the particulars of his case. |
|
What
do you think about how they treat people? |
Cliff
Hooper: |
They
don't care morally what they do to a person whether they destroy them
financially, or health wise, or any way they can. It looks like their aim is
to get people in the financial into financial trouble, to say they can't
fight it properly, or affect their health in such a way that people just give
up, and don't want to do anything. |
Sally
Neighbour: |
4
Corners has some questions for the insurance companies on behalf of the
people they've burned. Is the laying of arson charges a deliberate strategy
to justify rejecting claims? Do the insurance companies know, and do they
care what methods their investigators use? Why do they continue to use
investigators, like Peter Thomas and others, these methods are well known?
Unfortunately, none of the companies in these cases would be interviewed.
Incredibly, nor would their peak body The Insurance Council of Australia. They
referred us instead to their code of practise which says, "Insurers
shall require investigators to operate in a professional manner."
Judging from what we've seen that's not worth the paper it's written on, and
nor is the insurance industry's old motto, in utmost good faith. |
Grant
McKay: |
I
believe that this is just the tip of the iceberg in terms of people suffering
at the hands of these major international companies. I'm calling for a
commission of inquiry into the insurance industry. I would like to see their
claims examined, and put under scrutiny particularly as to the validity of
each contested claim. I would suspect that a can of worms is just about to be
opened, and it's something that I think it's about time that this took place. |
Sally
Neighbour: |
It's
the dead of night. Fire crackles and takes hold. The building is destroyed,
there's no sign of arson, but the owner is blamed for lighting the fire. |
George
Nagi: |
I
was under the impression that I was insured until I lodged a claim. Then, all
of a sudden, I'm being accused of being a criminal, which I'm not. |
Sally
Neighbour: |
It's
not an isolated case. Time and time again innocent people are accused of
arson, so insurance companies can reject their claims. |
George
Nagi: |
We
just felt just, astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
The
dirty work of finding the evidence is done not by the insurers, but by the
investigators they hire. |
Grant
McKay: |
They
will commit perjury, they will tamper with evidence, they will exert
influence on witnesses, improper influence on witnesses. |
Sally
Neighbour: |
One
investigator, arson cop turned private eye, Peter Thomas has earned himself
quite a name. |
George
Nagi: |
I
think he's a crook. |
Sid
Bates: |
To
me he was just a slime. |
George
Nagi: |
He's
a liar. |
Sid
Bates: |
Just
a real slime bag. |
George
Nagi: |
In
my opinion, he's a con man. |
Sally
Neighbour: |
Tonight,
on 4 Corners, the insurance industry's policy scam. Who's liable for the
people they've burned? |
|
It
was the night of July 12th last year in the town of Monto, in Northeast
Queensland when George [Nag-i's] New Royal Hotel went up in flames. |
George
Nagi: |
The
night of the fire, like every other Sunday, we had our family dinner. We had
picked up takeaway from the Chinese restaurant, and then put a couple of
tables together, and the entire family sat down for dinner. |
Gina
Hart: |
Woke
up at about 2 o'clock in the morning to have a glass of water and the sky was
bright orange. I thought it was the end of the world actually, and about 10
minutes later I got a phone call from a friend of mine to let me know that
the hotel was ablaze. I got in the car, and took off very quickly, and got to
town, and it was horrific. |
Sally
Neighbour: |
By
the time firemen arrived the old timber pub was engulfed by flames.
Initially, there was no idea of the cause. Forensic experts said, later, it
was most likely an electric blanket in one of the rooms. The police and fire
brigade said there was nothing suspicious, and no evidence of arson. The pub
was burned to the ground. |
George
Nagi: |
The
entrance to the public part used to be on the corner here where you can see
the concrete has been broken up. There used to be a double swinging door just
typical of a country pub. |
Sally
Neighbour: |
George
[Na-gi] had just spent close to $100,000
refurbishing the pub, and buying five poker machines, which were delivered a
month after the fire. |
George
Nagi: |
In
one night, within hours, I had lost my business, I lost my home, I lost all
my personal belongings that weren't insured. I lost my family, so to speak,
because my marriage broke up, so I lost everything. |
Sally
Neighbour: |
[Na-gi] kept trading in a makeshift bar set up in his bottle
shop, which had survived the fire. He lodged a claim for $608,000 with his
insurer, Lloyd's of London. The broker who'd sold [Na-gi]
his policy then assigned a private investigator by the name of Peter Thomas
to the case. |
|
Thomas
is a former New South Wales detective who left the police force with a
reputation that he's carried over into his new career as a PI. |
George
Nagi: |
At
first, he was friendly, and very smooth talking. He was even shouting in the
bar to every Tom, Dick, and Harry that happened to walk into the pub he was
shouting them drinks, saying, "This is on Lloyd's of London." |
Speaker
7: |
[inaudible]. |
Sally
Neighbour: |
The
mood soon changed when a letter arrived from the insurer's lawyers refusing
to pay saying the fire had been deliberately caused either by Mr. [Na-gi] or with his connivance. |
Speaker
8: |
They
tell me that's the skull head of an insurance investigator. |
Sally
Neighbour: |
What
was your reaction when you got that letter from the insurance company
accusing you of lighting the fire? |
George
Nagi: |
I
was really angry because there is no indication, I had no motive, I had no
intentions. |
Sally
Neighbour: |
What
evidence did they have for that? |
George
Nagi: |
I
don't believe they've they've got anything else,
but whatever Peter Thomas may have fabricated against me. |
Sally
Neighbour: |
[Na-gi] hired his own expert, insurance loss assessor, John
[Higgin-son] to look into this case. |
John
Higginson: |
When
I first spoke to Thomas he said that he was going to build a circumstantial
case against George [Na-gi] that he burned the hotel
down. |
Sally
Neighbour: |
Peter
Thomas effectively told to he was setting out to nail George [Na-gi]? |
John
Higginson: |
He
told me that, yeah. |
Gina
Hart: |
He
just seemed to be focused on proving what he believed to be true on that at
the time, and he'd made his mind up that George was guilty of arson, and just
wanted to simply prove that. |
Sally
Neighbour: |
What
was the offer that he made to you at that point? |
Gina
Hart: |
It
was an offer for $10,000. He said to me that, "I've come prepared to
offer you $10,000 if you can admit to me ... or admit in court," I
should say," That George had admitted to you in a moment of passion that
he had lit the fire." |
Sally
Neighbour: |
Where
did you understand that that $10,000 was to come from? |
Gina
Hart: |
I
believed it was from the insurance company. |
Sally
Neighbour: |
After
Gina Hart rejected his offer Thomas placed a newspaper ad appealing to a
guest who'd stayed in the hotel the night before the fire. Enticed by the
reward offered the man came forward and made a statement saying he hadn't
used an electric blanket in his room. Remember, an electric blanket was
thought to have caused the fire. The man was paid $1000 by Thomas for his
statement. |
George
Nagi: |
It's
very, very simple. |
Sally
Neighbour: |
George
[Na-gi] has never been charged, but apparently on
the strengths of the guest's statement Lloyd's is still refusing to pay. As
we'll see, [Na-gi's] story is an all too common
one. An arson claim based on false or flimsy evidence, or no evidence at all
made by a dubious investigator to justify the insurer rejecting a claim. |
George
Nagi: |
Peter
Thomas was glad to do a job. The insurers have known his reputation and they
still hired him. |
Sally
Neighbour: |
What
do you think the job was that he was hired to do? |
George
Nagi: |
Perhaps
to kill the claim, that's it. He was hired to kill the claim. Obviously, the
insurance company doesn't want to pay me regardless of whether I have paid my
premium or not they just don't want to pay. |
John
Higginson: |
Some
investigators are totally unscrupulous, and they're the ones who got to be
wiped out of the industry. There are a lot of good investigators out there,
who go out and do the job properly, and come back with a factual report of
what evidence is available for the underwriters. They're the ones who should
stay in the industry. |
Sally
Neighbour: |
These
unscrupulous operators you refer to, what sort of characters are they? Where
do they come from? |
John
Higginson: |
Generally,
they're are ex-police officers most likely from down south without any
previous training in the insurance industry. They come to Queensland, or get
out of the police force, and set themselves up as an investigator because
they can get an investigator's licence. Then, they go out to prove what a
hero they are by getting claims rejected. |
Sally
Neighbour: |
The
investigator in this case, Peter Thomas, is the best in the business of
killing fire claims. Thomas is based in Brisbane where our researcher tracked
him down. Since leaving the police force, Thomas has found himself a
lucrative new career with top insurers paying upwards of $10,000 per claim
killed. A chequered police record has apparently been no obstacle and Peter
Thomas' record is as chequered as they come. |
|
Thomas
left the New South Wales police in 1991 after 21 years. He'd been the subject
of dozens of complaints. |
Errol
Taylor: |
This
is one more where the ombudsman has said under the circumstances no further
action will be taken and, as you see, there's a whole litany of them. |
Sally
Neighbour: |
The
list of complaints during Thomas' police career suggests his modus operandi
hasn't changed. They date back more than 20 years. One of the first
complaints was made by Errol Taylor in 1983 when Thomas was a detective in
the New South Wales town of Taree. |
Errol
Taylor: |
I
was arrested on my property and taken to the Wingham
police station where I was handcuffed to, I believe, a writing desk from 7 in
the evening until about 11 o'clock in the evening. I was punched below the
eye by Peter Thomas three or four times. I could smell the alcohol on his
breath when he leaned forward to punch me. I think he was trying to get me to
make an admission, or I don't know what he was up to. |
Sally
Neighbour: |
Taylor
was charged with growing and supplying Indian hemp, but later accredited. He
lodged a formal complaint, and then began some inquiries of his own into
Detective Thomas. |
Errol
Taylor: |
I
met a lot of people who had stories about him. I met people who'd been
assaulted by him, I was told about accidents he had driving police vehicles
under the influence. There was a whole litany of these ... what would you
call them? Perversions of the course of justice, assaults, and fabrications. |
Sally
Neighbour: |
By
Peter Thomas? |
Errol
Taylor: |
Yes. |
Sally
Neighbour: |
Detective
Thomas was a conspicuous figure around Taree. He
was an avid punter and regular at the local racetrack. He and another
detective had a race horse of their own, and boasted of winnings in the tens
of thousands of dollars. Thomas would place a bet of hundreds of dollars at a
time. In the words of one former police colleague, "Thomas ran his own
race." In this close-knit community word of his reputation got around. |
Speaker
11: |
Taken
over the running and [inaudible]. |
Errol
Taylor: |
I
was investigating people who'd been assaulted by Thomas, and one of the
medical practitioners said go and see Roseanne at Roseanne's Deli, she can
tell you stories about Peter Thomas and the police. |
Sally
Neighbour: |
Roseanne
Catt was a local businesswoman who'd also fallen foul of Detective Thomas. In
1983, the deli she ran had been damaged by a fire. Thomas, who'd begun to
make arson his specialty, charged her. The charge was later withdrawn. She
too lodged a formal complaint claiming Thomas had assaulted her and her
partner, sexually harassed her, and been biassed in
his investigation. Roseanne Catt then joined forces with Errol Taylor to
collect complaints against Peter Thomas. It would make them lasting enemy. |
Errol
Taylor: |
Roseanne,
having a deli on the main street, knew a lot of people who came in and would
talk to her, she gained their trust, and various people they lodged
complaints when they realised there was somebody to appeal to. |
Sally
Neighbour: |
How
many complaints did you gather? |
Errol
Taylor: |
There
would've been 20 or 30 passed onto the ombudsman from memory, this is 17
years ago, but a whole heap of them. |
Sally
Neighbour: |
Thomas
made enemies within the force too. There were run-ins with his superiors
after he was caught more than once driving a police car while drunk. As the
complaints mounted he was transferred to New Castle, but it was hardly a
promotion. As Detective Sergeant in the Regional Crime Squad his territory
extended all the way to the Queensland border, and his reputation spread even
further afield. |
|
In
1987, in the tiny New South Wales town of Lawrence the local pub went up in
flames. In a story much like George [Na-gi's]
ordeal 12 years later, the publican Sid Bates was accused of lighting the
fire. He was charged by Detective Thomas. |
Sid
Bates: |
I
was 51 or 52 at the time, and it's a big loss, but at that time with the
[inaudible] I supposed we'd get the money somewhere to rebuild, but then
after we got charged with the fire it was a bigger loss. You just didn't know
where you were going then. |
Sally
Neighbour: |
Witnesses
said the fire had spread great speed, but there was no physical evidence of
arson. Bates had been away at the time. In the style he would make his
trademark, Thomas set out to build a circumstantial case. He claimed that
Bates had placed an accelerant in the pub, and set it to ignite using either
an incendiary device or an accomplice. There was no evidence to support this
just the fact that Bates was behind in his mortgage payments, had a dispute
over money with his son, and needed to make costly repairs at a time when
business had been slow. The fact that his assets of over a million dollars
well outweighed liabilities was ignored. |
Sid
Bates: |
He
kept asking me about the money, about the financial side of the pub, and that
sort of thing, but he also kept bringing up about how much money I had in my
pocket. He say he'd give me some money, or anything like that, but he did
indicate to me the way how much money have you got in your pocket, if I'd
given that I probably mightn't have been charged or he might've helped me, I
don't know. It was one of those things. |
Sally
Neighbour: |
Again,
just like the [Na-gi] case it's claimed Thomas
offered money to the barmaid to say that Bates had lit the fire. |
Sid
Bates: |
He
said he'd give [Bev-y] $25,000 if she'd just say I'd burnt the pub down. Bev
was living in a caravan park at the time in a van, and her annex was all
tattered and torn, and he even promised to pay for a new annex, put a new
annex on her van. She objected completely to it and told him to [inaudible]. |
Sally
Neighbour: |
The
barmaid has confirmed to 4 Corners that Thomas offered her money, but says
she can't recall now the exact amount. Thomas didn't say where the money was
to come from. |
Speaker
12: |
It's
going to be a hot summer. |
Sid
Bates: |
[inaudible]. |
Sally
Neighbour: |
Because
he'd been charged Sid Bates' insurance company refused to pay his claim. The
insurer then went bankrupt, so he was never paid. With no supporting evidence
the charge laid by Detective Thomas was later withdrawn. |
Sid
Bates: |
Looking
back on all the things that he's done to other people in the area he's left
the devastation of problems wherever he went. Not only that, I think the
Crown is very, very guilty for what they've ... had someone employed. If it
was a private enterprise they would have him in jail if he was employed by
private enterprise, the things that he's done. |
Sally
Neighbour: |
If
the Crown needed proof of Thomas' methods it would, in another case in 1989.
An explosion of gel ignite had gone off in Byron Bay under the local
Commonwealth Employment Service. There was an anonymous call from someone
claiming to have done it because they were sick of dull [bludg-ers],
but Detective Peter Thomas who was seen to investigate wasn't convinced. He
charged the couple who owned the restaurant above the CES claiming it was an
insurance job. Once again, he had no evidence, so Thomas resorted to pressure
and threats. This interview was secretly taped by the woman he charged and
later tendered in court. |
Peter
Thomas: |
Can
I just say this to you, you help me and I'll help you. The only way you can
get out of it is to give him up, and I tell you what, in the long run, we
shake the life out of both of you because I can never guarantee that the court
will do to you, but by the Christ, there's a lot we can do to you. |
Sally
Neighbour: |
When
the case went to trial the Crown refused to present Detective Thomas'
evidence saying it was compromised and unreliable, and his approach was
reprehensible. The accused were acquitted. The judge was equally scathing,
Thomas' investigation was, "Illogical ... factually inaccurate ... quite
improper ... and singularly unprofessional." He had, "Failed to
appreciate the distinction between
suspicion and evidence." The judge said there was a strong case that
Detective Thomas himself given false evidence. |
Errol
Taylor: |
The
ombudsman has said under the circumstances- |
Sally
Neighbour: |
By
this time, the police Internal Affairs Department had a file on Thomas that
would grow to more than 4000 pages, a file 60 cm thick. The complaints lodged
back in Taree by Errol Taylor and his friend
Roseanne Catt was still dragging on. Despite the mounting evidence against
Thomas, their complaints were being one by one dismissed by the ombudsman and
the police. |
Errol
Taylor: |
Here
is an illustration of the attitude. "A great deal of scarce departmental
resources have already been wasted on Mr. Taylor and his incessant tirade of
complaints." |
Sally
Neighbour: |
Roseanne
Catt's complaint about how Thomas had handled her old arson charge was also
dismissed, but not forgotten. |
Roseanne
Catt: |
He
did have a vendetta against me. He hated me greatly. |
Speaker
15: |
He
told you this? |
Roseanne
Catt: |
He
told me how much he hated me, yes. |
Speaker
16: |
Mrs.
Catt was arrested at her Cornwall Street home by members of Taree police and the New Castle Regional Crime Squad
headed by Detective Sergeant Peter Thomas. |
Sally
Neighbour: |
The
arrest and conviction of Roseanne Catt was the crowning achievement of
Detective Peter Thomas. Thomas used his trademark energy in amassing evidence
to ensure his old adversary got what was coming to her. |
Speaker
17: |
I
was taken into the detective's office and I'd seen mum's belongings there,
what they'd got from her place, and he was very confident. He sat down and he
explained to me all the charges that he had placed on my mother to put her
away for life, and saying that's what he wanted. He was drinking beer, and
basically it was a celebration for him. |
Sally
Neighbour: |
What
do you think he was celebrating? |
Speaker
17: |
His
victory on having mum locked away of all these charges and, as he said, he
had an enough there to put her away for life, and he was quite happy with
that. He read them all out to me and told me how long she'd get for each one. |
Sally
Neighbour: |
Roseanne
Catt was charged with a series of offences against her husband Barry. In an
ugly domestic drama replayed on the nightly tabloid TV shows. |
Barry
Catt: |
She
would have to be worse than Satan if Satan was a woman. |
Sally
Neighbour: |
Described
in court as an evil, manipulative woman Roseanne Catt was accused of setting
out to destroy her husband, so she could take over his panel beating business
in Taree. The Crown case was that she tried to poison
him, she'd offered people money to kill him, she fabricated allegations that
he molested his children, she'd attacked him with a cricket bat and a rock,
and stabbed him with a fruit knife during a picnic. |
Speaker
19: |
I'll
stab you too in a minute. |
Sally
Neighbour: |
Barry
Catt had known Detective Thomas for years, and Thomas took on his case with a
vengeance. |
Bruce
Miles: |
You
can go down central court any day of the week and see the domestic violence
courts and you get the threats, and the violence, and the hatred, and all the
odd things that happen in these domestic situations. |
Sally
Neighbour: |
Veteran
criminal lawyer Bruce Miles has recently taken on Roseanne Catt's case. |
Bruce
Miles: |
Oddly
enough, some of the matters I understand, in respect of which she went to
trial, had occurred long before she was ever charged, and probably would have
never been brought to a court anyhow until Peter Thomas in his zeal, entered
the court and raked up this, raked up that, raked up that, and charged a girl
with a combination of all those matters. |
Sally
Neighbour: |
Thomas'
zeal became apparent when the case got to trial. Social workers caring for
the Catt children complained of continual intimidation, aggression, and
threats made by Detective Thomas. A witness quoted Thomas saying,
"Roseanne would go behind bars because that's where sluts like her
belong." |
|
At
one point, Thomas was ordered off the case by his superiors. He protested
furiously claiming the order was unlawful and unfair. He was allowed to stay
in charge of case. |
Barry
Catt: |
Peter
Thomas, I must admire him in this way, that he could've passed the paperwork
to someone else, but he stood there as doing his job right for the right
reasons, but he did not have to. |
Sally
Neighbour: |
He
didn't like her though, did he? |
Barry
Catt: |
I
don't know. I don't think ... if Peter Thomas didn't like her I don't think
Roseanne would say she liked Peter Thomas either. |
Sally
Neighbour: |
As
in so many other cases, concerns were raised repeatedly over Thomas's
approach. A bail judge expressed unease about his objectivity suggesting in
the interest of justice that the case be conducted by someone whose
neutrality could not be cast under suspicion. There was this from the trial
judge, "If there was any member of the New South Wales police who should
not have been assigned to the case it was Peter Thomas, due to his history of
antagonism with Roseann Catt." From an appeal judge, "It was most
unfortunate that Thomas was placed in charge as he was far too close to both
sides in the case." |
Speaker
21: |
Today,
after one of the states most extraordinary domestic
violence cases Roseanne Catt was locked up for 10 years. |
Speaker
22: |
After
two days of deliberations the jury returned to declare Roseanne Catt guilty
on eight of nine charges involving assault, stabbing, poisoning- |
Sally
Neighbour: |
The
case Thomas built was so overwhelming that the judge sentenced Roseanne Catt
to 12 years and 3 months, that's more time than some people get for murder.
She's now serving her 10th year in jail. |
Bruce
Miles: |
In
different circumstances, different jurisdictions, different police officers
are prosecuting I believe that Roseanne Catt in matters that have been
established, might've got six months in jail maybe, maybe 12. She had no
previous convictions, she was a girl with a very good record. Goodness knows
what it would've been. It certainly would be a long, long way short of 10
years in jail. |
Speaker
22: |
After
the verdict, Barry Catt thanked detectives who handled the case. |
Sally
Neighbour: |
Peter
Thomas victory over Roseanne Catt marked a less than glorious and to his
police career. By the time she was sentenced he'd been effectively pushed out
of the force. He was still under investigation over his handling of her case,
and yet another allegation had been made against him. It was claimed in a
drug trial that Thomas had agreed to destroy evidence in return for a $30,000
bribe. |
|
When
we found Peter Thomas in Brisbane he declined our request for a formal
interview. When we told him we were filming and attempted to ask questions
the meeting came to an end. |
Peter
Thomas: |
Roseanne
Catt had an opportunity to air those allegations in court. It's not a matter
for me to respond to you. |
Sally
Neighbour: |
There's
been 17 years of these allegations against you. During the time when you were
a police officer you were investigated dozens of times, you were still under
investigation when you left the police force. |
Peter
Thomas: |
I'm
sorry, the meeting is over. I don't wish to discuss any more of it with you. |
Sally
Neighbour: |
Thomas
later sent us a statement denying any wrongdoing and told us all the
complaints against him had been found not sustained. The documents we've
obtained under Freedom of Information so that when he left the force he was
up on two charges of misconduct over his abuse and intimidation of staff from
the Department of Family and Community Services. Another three complaints
that he'd wrongfully taken Roseanne Catt's property were also upheld, none of
these charges proceeded because instead the New South Wales police allowed
Thomas to resign. |
|
After
quitting the New South Wales police Peter Thomas moved to Queensland. It was
then that he set up shop as a private investigator specialising in fire
investigations for the insurance industry. He was so good at it he soon
became the Queensland president of the Arson Investigators Association. |
|
How
well-known is Peter Thomas in the industry? |
John
Higginson: |
He's
a bit of a Johnny-come-lately, he hasn't been around for a long time, but
while he's been here he made a name for himself for getting claims rejected. |
Grant
McKay: |
From
what I've discovered, Peter Thomas places the facts way down on the list in
terms of his investigations. He seems to be results-oriented, and his results
invariably favour the insurance companies. |
Sally
Neighbour: |
The
insurance companies evidently favour Peter Thomas too. 4 Corners has obtained
his register book of jobs and clients from 1993 to '97, it reads like a who's
who of top insurance companies and law firms. We've also obtained some of his
invoices, which show the insurers that use him are prepared to pay well
ranging from $5000 to $16,000 per job. The methods Thomas perfected in the
police force have earned him a name and a lucrative living as the
investigator who gets results. |
Grant
McKay: |
Any
insurer that engages his services would have to be deaf, dumb, and blind not
to see what methods he uses and employees in relation to his investigations. |
Sally
Neighbour: |
Why
are his services in such great demand? |
Grant
McKay: |
The
bottom line is the bottom line. |
Sally
Neighbour: |
He
gets the results they want? |
Grant
McKay: |
Exactly. |
Sally
Neighbour: |
Grant
McKay a former federal policeman and also a private investigator is on Peter
Thomas' trail. McKay got involved when he was hired by a businessman who'd
been charged with arson. His inquiries have snowballed into a wide ranging
investigation of the insurance industry's handling of fire claims. |
Grant
McKay: |
The
pattern seems to be emerging that in particular cases a claim against an
insurer is made by the claimant, in some cases there is no contest by the
police or the fire brigades, in relation to arsons or suspected arsons. Fires
take place, insurance companies become involved through their loss assessors
and investigators, and suddenly people are being charged with arson. The
upshot of that, of course, is that the insurance companies refuse to settle
the claims, and these claims involve many, many millions of dollars. |
Sally
Neighbour: |
McKay
has found a whole series of similar cases, people accused of arson based on
evidence that's at best circumstantial, at worst false. Some of these cases
involve Peter Thomas, others don't. There's enough of them to show it's
systemic across the insurance industry. The insurers offer handsome rewards
to witnesses who help them reject claims, and it seems they're not too fussy
who they pay them too. |
|
In
one of McKay's cases [inaudible] Mutual agreed to pay $50,000 to a career
criminal with 160 prior convictions including armed robbery in return for his
evidence in an arson case. The case collapsed when it turned out the evidence
was false. In many of these cases, the insurers and their investigators work
hand in hand with the police. |
Grant
McKay: |
I'm
aware of people who have been charged by the police as a result of, I
believe, pressure placed on them by the insurers to do so. They have been put
through the criminal justice system, they've been acquitted, and people are
still having to fight to receive their payment. It would seem that the
insurance companies use the civil process to delay payment to the point where
the claimants are either bankrupt, or so very near bankrupt that they will
drop the civil proceedings. |
Sally
Neighbour: |
In
1993, a mansion in the affluent Brisbane suburb of Ascot was destroyed by
fire. Dr. Bruce Gutteridge
and his wife, Elizabeth had spent 15 years restoring their 1860s home. The
damage was in the order of $2 million. As Dr. Gutteridge is a war veteran the insurer was the
Commonwealth government-owned Defence Service Homes. They engaged Peter
Thomas to investigate. |
Dr. Gutterberg: |
Peter
Thomas, at the beginning, was, "Hey fellow, well met, look we're on your
side mate. I'm here to help you," and I was quite completely relaxed. I
had no problems about the fire, and I was happy to talk to him about
anything. |
Sally
Neighbour: |
The
Gutteridges soon found themselves prime suspects.
Mrs. Gutteridge had been at home alone at the time
of the fire and Thomas soon came up with a circumstantial case against her.
His main evidence that she'd been using a powerful tranquilliser sometimes
prescribed for mental illness though, in her case, used for chronic pain from
an old ski injury. |
Dr. Gutterberg: |
He
said that she was mentally unstable, and that she lit the fire, and that she
didn't like the house which she loved. We had all these receipts from all the
people who'd done work on the house, and he'd gone round to every one of
them, and asked them did my wife not like the house? Or did she say that she
hated the house? |
Cliff
Hooper: |
He
appeared to be trying to put words in my mouth, was my biggest concern. It
was- |
Sally
Neighbour: |
Cliff
Hooper who'd repaired the Gutteridges swimming
pool, was approached by an investigator working with Thomas on the case.
Hooper was so concerned he wrote to the Gutteridges
to warn them. |
Cliff
Hooper: |
I
was saying he's trying to put words in my mouth to say that I knew something
that maybe she didn't like the house, or it was too much work for her then,
or anything like that. |
Sally
Neighbour: |
Thomas
sent all his evidence to the police, and persuaded them there was a case
against Mrs. Gutteridge. |
Mrs
Gutteridge: |
Everyone
was asking after you. |
Dr. Gutterberg: |
Ah
good. |
Sally
Neighbour: |
The
statements he'd taken were then transferred onto Queensland police statement
paper and became part of the police brief. The same evidence was used by the
insurance company to name the Gutteridges as the
only serious suspects. |
|
Was
there any evidence to this to support the notion that your wife had with the
fire? |
Dr. Gutterberg: |
No,
completely none. None at all. That's why it thrown out by the coroner and why
they subsequently agreed to settle in the Supreme Court. |
Sally
Neighbour: |
The
coroner, who conducts fire inquiries in Queensland, found the accusation
against Mrs. Gutteridge was mere conjecture and she
had no case to answer. |
Mrs
Gutteridge: |
I'm
just very happy it's over. Thank you. |
Sally
Neighbour: |
That
still wasn't good enough for the insurance company, Defence Service Homes.
Even after they were exonerated, the Gutteridges
had to take the insurer to court to get their pay out. |
Dr. Gutterberg: |
We
just felt astounded, and I just thought, "Well, this is a great
injustice." |
Sally
Neighbour: |
At
least the Gutteridges had the resources to fight,
some people don't. In a similar case, also involving Defence Service Homes
and Peter Thomas, another war veteran, Jim [Spr-ot]
was charged with arson, but acquitted when the judge ruled that there was no
case. The insurer is still refusing to pay. |
Jim
Sprot: |
I
can't understand what the insurance company doesn't understand when the judge
says, "Not guilty." I just, honestly, can't understand what they
can't understand. |
Sally
Neighbour: |
In
an amazing post script to the Gutteridge case, five
years later the tradesman who'd complained about the investigator had his own
home severely damaged by fire. Cliff Hooper, too, found himself accused of
arson. Peter Thomas was not involved in his case, but Hooper's treatment
shows that Thomas' methods are far from unique in the insurance game. |
|
How
far will these investigators go? |
Cliff
Hooper: |
They'll
stop at nothing. They will absolutely stop nothing. Anything that you could
believe that could be possibly done I believe they will do. |
Sally
Neighbour: |
Hooper,
his wife, and an employee were charged after pressure from his insurer, AMP.
A series of documents came to light in the employee's trial, they reveal a
ruthless campaign by AMP to nail Hooper for arson. The memos were written by
AMP's own senior investigator at the time. First AMP, bullied the police to
investigate. |
Speaker
26: |
"I
advised our investigator to tell the police to get motivated, or threaten to
lodge a formal complaint with their superiors." |
Sally
Neighbour: |
Then
AMP gloated when the Hoopers were charged. |
Speaker
26: |
"To
all concerned ... Great news ... Mr & Mrs Hooper and the employee have
been charged by the police. This is great news, but the race is not won yet
... A job well done to all concerned. I love it when the bad guys get charged
and the good guys save money." |
Sally
Neighbour: |
Next,
AMP [heav-ied] the Director of Public Prosecutions
who'd suggested dropping the charges against Hooper and only proceeding
against the employee. |
Speaker
26: |
"This,
of course, did not assist the insurance claim that is pending the outcome of
these charges. After lengthy debate between myself and the solicitor of the
DPP they agreed to run the case against the Hoopers." |
Sally
Neighbour: |
Finally,
AMP threw all its legal and corporate muscle into the case. |
Speaker
26: |
"We
should allocate all possible resources to assisting the police obtain a
guilty verdict. If the police are not successful the civil case will be that
much harder to defend." |
Cliff
Hooper: |
Very
soul destroying, and I don't know how long it's going to go on for, but yeah
very soul destroying. |
Sally
Neighbour: |
Despite
AMP's best efforts Cliff Hooper was acquitted. AMP finally settled his
insurance claim out of court with a clause that forbids him from discussing
the particulars of his case. |
|
What
do you think about how they treat people? |
Cliff
Hooper: |
They
don't care morally what they do to a person whether they destroy them
financially, or health wise, or any way they can. It looks like their aim is
to get people in the financial into financial trouble, to say they can't
fight it properly, or affect their health in such a way that people just give
up, and don't want to do anything. |
Sally
Neighbour: |
4
Corners has some questions for the insurance companies on behalf of the
people they've burned. Is the laying of arson charges a deliberate strategy
to justify rejecting claims? Do the insurance companies know, and do they
care what methods their investigators use? Why do they continue to use
investigators, like Peter Thomas and others, these methods are well known?
Unfortunately, none of the companies in these cases would be interviewed.
Incredibly, nor would their peak body The Insurance Council of Australia. They
referred us instead to their code of practise which says, "Insurers
shall require investigators to operate in a professional manner."
Judging from what we've seen that's not worth the paper it's written on, and
nor is the insurance industry's old motto, in utmost good faith. |
Grant
McKay: |
I
believe that this is just the tip of the iceberg in terms of people suffering
at the hands of these major international companies. I'm calling for a
commission of inquiry into the insurance industry. I would like to see their
claims examined, and put under scrutiny particularly as to the validity of
each contested claim. I would suspect that a can of worms is just about to be
opened, and it's something that I think it's about time that this took place. |