SINCE the exposition of the Overland telephone interception matter in The Australian on Wednesday, I have received representations from several colleagues that I am betraying my past endeavours by seemingly supporting the Victorian underbelly in pointing out the deficiencies in Simon Overland's position concerning his apparent non-observance of the strictures of the Commonwealth Telecommunications (Interception and Access) Act 1979.

Nothing could be further from the truth. The criticism misses the point entirely.

On the matter of principle, in a truly democratic society, the rule of law is not an optional extra, it is a central tenet. It is not to be applied selectively: with full force against those considered to be wanting, but not against those judged to be worthy. The essence of the rule of law is that it is applied equally and to all, without fear or favour.

A police service draws its ethos from the top; that is where the tone is set. To maintain discipline in the ranks of what in many ways is a paramilitary organisation, the message emanating from the top must be one of strict compliance with the law; "do as I say, not do as I do" will not work. The ranks must see that even the chief commissioner is held to account, if necessary, through a transparent process of investigation.

Mark Le Grand is a former member of the National Crime Authority, former director of investigations at the Criminal Justice Commission and former Deputy Director of Public Prosecutions for the commonwealth.

This article is available in full at The Australian.