A telecommunications provider has been directed to track down deleted text messages NSW Police Deputy Commissioner Cath Burn sent during and soon after the deadly Sydney siege.
Counsel assisting the coroner investigating the Lindt Cafe stand-off, Jeremy Gormly SC, said he was concerned about the absent texts, and had been told steps were being taken to try and retrieve them from the telco's server.
![A telco has been asked to retrieve the messages sent by Deputy Commissoner Cath Burn during and after the siege.](/web/20160813053102im_/http://www.theage.com.au/content/dam/images/g/q/1/6/v/c/image.related.articleLeadwide.620x349.gqpfpy.png/1470838689475.jpg)
"If they are retained, then they'll have to go through the clearance process and will be produced to all parties," Mr Gormly told the inquest on Wednesday.
"If they're not retained, then we will ask Ms Burn about that (when she appears at the inquest next week)."
![Katrina Dawson and Tori Johnson died in the Lindt cafe siege.](/web/20160813053102im_/http://www.theage.com.au/content/dam/images/g/p/5/m/w/w/image.related.articleLeadwide.620x349.gqpfpy.png/1470838689475.jpg)
Phillip Boulton, SC, acting for the family of slain hostage Katrina Dawson, said he was interested in two text messages sent within about 90 minutes of the December 2014 siege reaching its deadly conclusion.
"They're very proximate and it's likely that they're going to be about the mechanics either during the siege or immediately after," he said.
"We aren't of the view that simply because things happened at 2.14(am) and following that they're not pertinent. They can shed light on what has been happening."
Dr Ian Freckelton SC, acting for NSW Police, said policy dictated that officers did not issue orders or make directions via text messages.
![Counsel assisting the coroner Jeremy Gormly, SC, says he is concerned about the absent texts.](/web/20160813053102im_/http://www.theage.com.au/content/dam/images/g/n/n/8/g/e/image.related.articleLeadwide.620x349.gqpfpy.png/1470838689475.jpg)
He said every effort was being made to track the texts down, however Ms Burn's handset from the time could not be physically examined because it had since been replaced.
Coroner Michael Barnes is seeking to determine whether Ms Burn or any other executive officers inappropriately intruded - or failed to intervene when they ought to have - during the Martin Place siege.
Despite being put forward by NSW Premier Mike Baird as a key officer during the siege, Ms Burn has denied giving any key operational guidance, directions or advice during the stand-off.
Ms Burn is set to front the inquest early next week.
Meanwhile, the family of hostage Tori Johnson has been blocked from trying to find out who appointed Assistant Commissioner Mark Jenkins to take charge in the final hours of the siege.
Gabrielle Bashir SC, acting for Mr Johnson's family, argued it was important to find out whether it was Ms Burn, who directed Mr Jenkins be counselled after a botched 2005 terror incident, or if it was Commissioner Andrew Scipione, ahead of questioning the officers next week.
Ms Bashir also sought documents relating to disciplinary action taken against Mr Jenkins over the bungled 2005 arrest of Sydney terrorist Omar Baladjam, in which an officer was shot.
Mr Jenkins, then a counter-terrorism coordinator, told responding officers there was "no information" to suggest the target might be armed.
Mr Gormly said it was not the coroner's role to second-guess the selection of any officers with appropriate ranks and qualifications appointed during the stand-off.
Mr Barnes ultimately ruled against Ms Bashir, arguing the 2005 disciplinary action documents were unlikely to be relevant to his consideration of the Sydney siege.
AAP