Wednesday, June 26, 2013
The Police service is protecting him. It's only a very persistent victim that is giving hope of justice
A POLICE officer who assaulted an elderly homeless man in a mall seven years ago has failed to stop the Crime and Misconduct Commission trying to have him disciplined.
Bruce Rowe was assaulted in Brisbane's Queen Street Mall in 2006 when some police officers pinned him to the ground and Constable Benjamin Arndt kneed him.
Constable Arndt was found guilty of assaulting Mr Rowe and fined $1000, with no conviction recorded, after a private prosecution.
After the CMC referred a complaint from Mr Rowe to the Queensland Police Service, an assistant commissioner decided Constable Arndt needed only "managerial guidance'', and there was no disciplinary action.
The CMC has applied to the Queensland Civil and Administrative Tribunal for that decision to be reviewed, on the ground that Constable Arndt should have been disciplined for misconduct.
Constable Arndt tried to strike out the CMC application, saying it lacked substance and the tribunal did not have jurisdiction to deal with it.
The tribunal heard when the CMC first investigated Mr Rowe's complaint, it found there had been an illegal assault and referred a report to the QPS for any disciplinary action.
In February, the QPS told the CMC that managerial guidance had been provided to Constable Arndt.
The officer was told no further action would be taken in relation to the complaint and no adverse reference would be put on his personal file, the tribunal heard.
Tribunal member Michelle Howard said the CMC Act allowed the tribunal to review specified decisions made about police officers if the CMC applied.
While Constable Arndt argued there had been no reviewable decision, Ms Howard found there had been a decision in relation to an allegation of misconduct regarding the unlawful assault.
On May 10, she found that it was a reviewable decision that was made within the appropriate time and dismissed Constable Arndt's application.