Another thug Qld. cop abusing his police powers
A police officer who was demoted for misconduct after he injured his former police lover, when he handcuffed her during an off-duty argument, has lost an appeal.
Jane Moran, who was then a constable, ended up with a fracture to her right eye socket, facial bruises and abrasions and tenderness to her neck, arms and wrists.
In February last year, after a police disciplinary hearing found Mount Isa police prosecutor Mark McKenzie had inappropriately and forcibly detained Ms Moran, he was demoted from sergeant to senior constable for two years. He appealed against the decision.
Queensland Civil and Administrative Tribunal was told Sen. Constable McKenzie, a police officer for 18 years, would suffer a financial loss of almost $34,000, and it would take him six years to progress to the position of sergeant.
The incident involving Ms Moran occurred on March 1, 2008, at police accommodation in Mount Isa. The tribunal heard the couple argued and Sen. Constable McKenzie claimed he became concerned for his safety because there was a knife within reach of Ms Moran. He claimed he restrained Ms Moran, using reasonable force, to defend himself, the tribunal heard.
She denied any knowledge of the knife, but admitted she got into a fight with Sen. Constable McKenzie. The hearing found that Sen. Constable McKenzie grabbed Ms Moran by the wrist, forced her face down on the bed with his knees in her back and handcuffed her.
After calling for police “back-up", which did not eventuate, Sen. Constable McKenzie escorted Ms Moran to the door and removed her handcuffs. The tribunal found Sen. Constable McKenzie’s demoiion was appropriate.
Above article by Kay Dibben appeared in the Brisbane "Sunday Mail" on 20 Feb., 2011
Monday, February 21, 2011
Qld. Cops soft on their own
CMC chief Martin Moynihan says lax internal investigations erode public confidence in police, writes Renee Viellaris
The head of Queensland’s crime watchdog has accused police of having double standards and urged the service to rigorously investigate members accused of wrongdoing. Crime and Misconduct Commission chairman Martin Moynihan said some police shielded their own from scrutiny but he denied the problem was endemic
He stressed that the pre-Fitzgerald era of widespread police corruption had not returned to Queensland but said vigilance was needed. The former Judge has provided a frank assessment at the anniversary of his first year in the Job and his comments are likely to further antagonise senior police.
"Community confidence ln the police has to start with the police cultivating it", Mr Moynihan said. Community confidence was undermined when complaints from the public were investlgated by officers belonging to the same police unit as the alleged offenders.
Asked if it was a perception or reality that there was one rule for police and one rule for others, Mr Moynihan said, "I think it's probably both". He said it was worth serious consideration to limit the time any police commissioner could serve. Commissioner Bob Atkinson has been in power for a decade. Many senior government positions have fixed terms. Asked whether Mr Atkinson was doing a good job, Mr Moynihan said, “I think he’s doing OK. I mean, he’s doing his job".
Mr Moynihan singled out “heroic”- young police who spoke out about the bad apples in the service. Constable Bree Sonter blew the whistle on then-Senior Constable Benjamin Price, 32, who shoved a hose down the throat of Timothy Steele, 24, at Airlie Beach ln 2008. Price is no longer in the service. Mr Moynihan said more police would come forward if they felt they would be supported by the system.
(Police Union president) Ian Leavers is always saying to me that honest police get tarred with the same brush so I keep saying to him if that's their concern if they step up when they see what's going on then they can contribute to that not happening, Mr Moynihan said
The QPS has moved to fix some procedural weaknesses but sources say it is the high-profile cases that polarise the organisation. At the heart of that analysis is the Palm Island saga sparked after Cameron Doomadgee, also known as Mulrunji, died in custody in 2004. The CMC took aim at four police who investigated Doomadgee's death and the two officers who conducted a review of the initial death in custody investigation. Last year when Mr Moynihan released the CMC's review of the matter he said the original investigatlon and review were seriously flawed. They were characterised by double standards and an unwillingness to publicly acknowledge failings on part of the police, he said.
Misconduct disciplinary action was recommended against the four original investigators and disciplinary action against the reviewers. Mr Atkinson appointed Deputy Commissioner Kathy Rynders to determine whether the six officers should face any disciplinary action. Recently, she found they should receive managerial guidance [only].
Before that decision was announced, The Sunday Mail asked why Mr Atkinson had appointed Ms Rynders, given the CMC had appealed against her findings in the past. The response, which is being put on the record for the first time, highlights the tension with the CMC and the frustration of Mr Atkinson - who ticked off on the statement. “If there were concems they (CMC) could have voiced them or assumed responsibility for the matter,” the statement said. “They have a range of formal avenues open to them if they are unhappy with the outcome of the disciplinary process.”
The CMC is now considering Ms Rynders’ findings and will announce its position in coming weeks.
Above article appeared in the Brisbane "Sunday Mail" on 20 Feb., 2011
CMC chief Martin Moynihan says lax internal investigations erode public confidence in police, writes Renee Viellaris
The head of Queensland’s crime watchdog has accused police of having double standards and urged the service to rigorously investigate members accused of wrongdoing. Crime and Misconduct Commission chairman Martin Moynihan said some police shielded their own from scrutiny but he denied the problem was endemic
He stressed that the pre-Fitzgerald era of widespread police corruption had not returned to Queensland but said vigilance was needed. The former Judge has provided a frank assessment at the anniversary of his first year in the Job and his comments are likely to further antagonise senior police.
"Community confidence ln the police has to start with the police cultivating it", Mr Moynihan said. Community confidence was undermined when complaints from the public were investlgated by officers belonging to the same police unit as the alleged offenders.
Asked if it was a perception or reality that there was one rule for police and one rule for others, Mr Moynihan said, "I think it's probably both". He said it was worth serious consideration to limit the time any police commissioner could serve. Commissioner Bob Atkinson has been in power for a decade. Many senior government positions have fixed terms. Asked whether Mr Atkinson was doing a good job, Mr Moynihan said, “I think he’s doing OK. I mean, he’s doing his job".
Mr Moynihan singled out “heroic”- young police who spoke out about the bad apples in the service. Constable Bree Sonter blew the whistle on then-Senior Constable Benjamin Price, 32, who shoved a hose down the throat of Timothy Steele, 24, at Airlie Beach ln 2008. Price is no longer in the service. Mr Moynihan said more police would come forward if they felt they would be supported by the system.
(Police Union president) Ian Leavers is always saying to me that honest police get tarred with the same brush so I keep saying to him if that's their concern if they step up when they see what's going on then they can contribute to that not happening, Mr Moynihan said
The QPS has moved to fix some procedural weaknesses but sources say it is the high-profile cases that polarise the organisation. At the heart of that analysis is the Palm Island saga sparked after Cameron Doomadgee, also known as Mulrunji, died in custody in 2004. The CMC took aim at four police who investigated Doomadgee's death and the two officers who conducted a review of the initial death in custody investigation. Last year when Mr Moynihan released the CMC's review of the matter he said the original investigatlon and review were seriously flawed. They were characterised by double standards and an unwillingness to publicly acknowledge failings on part of the police, he said.
Misconduct disciplinary action was recommended against the four original investigators and disciplinary action against the reviewers. Mr Atkinson appointed Deputy Commissioner Kathy Rynders to determine whether the six officers should face any disciplinary action. Recently, she found they should receive managerial guidance [only].
Before that decision was announced, The Sunday Mail asked why Mr Atkinson had appointed Ms Rynders, given the CMC had appealed against her findings in the past. The response, which is being put on the record for the first time, highlights the tension with the CMC and the frustration of Mr Atkinson - who ticked off on the statement. “If there were concems they (CMC) could have voiced them or assumed responsibility for the matter,” the statement said. “They have a range of formal avenues open to them if they are unhappy with the outcome of the disciplinary process.”
The CMC is now considering Ms Rynders’ findings and will announce its position in coming weeks.
Above article appeared in the Brisbane "Sunday Mail" on 20 Feb., 2011
Sunday, February 13, 2011
Rowe case shakes public trust in police
Bruce Rowe is one of those blokes authority hates. He has a simple sense of justice and when he digs in his heels he is immovable.
Rowe is the oldish fellow (65 at the time) who was seen on TV being manhandled by a bunch of cops in the heart of Brisbane's Queen Street Mall back in July 2006.
He was arrested, charged and convicted of obstructing police and failing to obey a police order after an incident that began in the public toilets and ended with him being held down by four officers and kneed by another.
Rowe was last seen on TV last week savouring a moment of triumph after Constable Benjamin Arndt was found guilty of assaulting him and fined $1000 and ordered to pay him $2250 court costs.
That was the result of a private prosecution by Rowe, not one launched by the established forces of law and order.
The case was one of the most unsavoury in Queensland's policing history and dragged through the Magistrates Court, the District Court, the Court of Appeal and back to the Magistrates Court.
The first court convicted Rowe, the second confirmed it, the third overturned it and the fourth fined Arndt, although it did not record a conviction. Even the supporting magistrate and judge made known their displeasure with what they saw on video tape.
Rowe was not caught up in some kind of public toilet degeneracy. Depressed and homeless after his wife of 41 years died, he went in there to change his clothes. There was some argy bargy with the cleaner, who wanted to close up for cleanings, and the police were called. The rest is history.
You might think that after the best part of five years, all involved would be happy to put it all behind them. But, no, the Police Union wants a rematch. Spokesman Ian Leavers said it would back an appeal against Arndt's conviction which had "dire consequences for all police officers doing their jobs".
"I am very, very concerned now that police officers across the state will be reluctant to do their job and the community will suffer," he said.
Any officers who think the right of assault is issued with their batons and handcuffs might be reluctant to do their jobs but I can't see what difference it will make to the majority who follow a tough calling with courage and dignity.
"It simply doesn't make sense at all because a District Court has found the force used was reasonable," he said.
Judge Nicholas Samios did find that but he also found the arrest was lawful. Whether he would have found it reasonable had he found the arrest unlawful is another thing.
In the Court of Appeal, Judge Cate Holmes noted that Rowe wanted to argue three grounds of appeal, including on the grounds that "the arrest was unlawful or, alternatively, because Mr Rowe's actions were a response to unlawful force used in effecting it".
It never came to that because the court found other reasons to rule the arrest was unlawful. In the circumstances, it might be a pity it was not resolved by the higher court. And whether the degree of force was reasonable and has much to do with the fact of assault is another matter.
Arndt is entitled to seek to clear his name and the Police Union is entitled (possibly obliged) to support him in his actions.
However, whatever the outcome, this was a shameful incident that should never have happened. It was badly handled during and after the event and has dragged on too long, to the detriment of just about anyone involved and at a cost to trust in our police service.
The courts will do their job, but I think public opinion has reached a verdict.
SOURCE
Bruce Rowe is one of those blokes authority hates. He has a simple sense of justice and when he digs in his heels he is immovable.
Rowe is the oldish fellow (65 at the time) who was seen on TV being manhandled by a bunch of cops in the heart of Brisbane's Queen Street Mall back in July 2006.
He was arrested, charged and convicted of obstructing police and failing to obey a police order after an incident that began in the public toilets and ended with him being held down by four officers and kneed by another.
Rowe was last seen on TV last week savouring a moment of triumph after Constable Benjamin Arndt was found guilty of assaulting him and fined $1000 and ordered to pay him $2250 court costs.
That was the result of a private prosecution by Rowe, not one launched by the established forces of law and order.
The case was one of the most unsavoury in Queensland's policing history and dragged through the Magistrates Court, the District Court, the Court of Appeal and back to the Magistrates Court.
The first court convicted Rowe, the second confirmed it, the third overturned it and the fourth fined Arndt, although it did not record a conviction. Even the supporting magistrate and judge made known their displeasure with what they saw on video tape.
Rowe was not caught up in some kind of public toilet degeneracy. Depressed and homeless after his wife of 41 years died, he went in there to change his clothes. There was some argy bargy with the cleaner, who wanted to close up for cleanings, and the police were called. The rest is history.
You might think that after the best part of five years, all involved would be happy to put it all behind them. But, no, the Police Union wants a rematch. Spokesman Ian Leavers said it would back an appeal against Arndt's conviction which had "dire consequences for all police officers doing their jobs".
"I am very, very concerned now that police officers across the state will be reluctant to do their job and the community will suffer," he said.
Any officers who think the right of assault is issued with their batons and handcuffs might be reluctant to do their jobs but I can't see what difference it will make to the majority who follow a tough calling with courage and dignity.
"It simply doesn't make sense at all because a District Court has found the force used was reasonable," he said.
Judge Nicholas Samios did find that but he also found the arrest was lawful. Whether he would have found it reasonable had he found the arrest unlawful is another thing.
In the Court of Appeal, Judge Cate Holmes noted that Rowe wanted to argue three grounds of appeal, including on the grounds that "the arrest was unlawful or, alternatively, because Mr Rowe's actions were a response to unlawful force used in effecting it".
It never came to that because the court found other reasons to rule the arrest was unlawful. In the circumstances, it might be a pity it was not resolved by the higher court. And whether the degree of force was reasonable and has much to do with the fact of assault is another matter.
Arndt is entitled to seek to clear his name and the Police Union is entitled (possibly obliged) to support him in his actions.
However, whatever the outcome, this was a shameful incident that should never have happened. It was badly handled during and after the event and has dragged on too long, to the detriment of just about anyone involved and at a cost to trust in our police service.
The courts will do their job, but I think public opinion has reached a verdict.
SOURCE
Wednesday, January 19, 2011
Magistrate dismisses charges against teens because investigating Queensland cop was too slack to check committal hearing date
Slackness one expects from the Qld. wallopers but failure to present the case SEVEN times??
A MAGISTRATE dismissed charges against two teenagers accused of being part of a rolling street brawl-home invasion after finding the investigating policeman was "too slack" to get witnesses to a committal hearing today. An angry magistrate Chris Callaghan refused a police application to adjourn the committal hearing and discharged the two teenagers.
The teenagers, who are now 18 but were juveniles at the time, were allegedly involved in a street fight at Cleveland, in the bayside region, in November 2009. The fight later spilled over to a nearby house where up to eight teenage boys were involved.
In the Magistrates Court in Brisbane, the pair were to face a two-day committal hearing from today in which nine witnesses were listed to appear. However, Mr Callaghan was asked to adjourn the hearing because none of the witnesses were at court.
He refused the application and said it appeared the investigating officer had been too slack to check his computer and see the committal hearing was listed for today. Mr Callaghan said the matter had been adjourned on seven previous occasions and today's committal hearing had been set down three months ago.
He said the teenagers were charged in March last year and in the interests of justice they were entitled to have the evidence against them heard in a timely fashion. Likewise, it was the victims right to be able to give their evidence in a timely way.
Mr Callaghan refused the application and ordered the committal proceed. Police then offered no evidence and Judge Callaghan struck out the charges and discharged the teenagers.
He also ordered that his reasons be recorded and provided if the teenagers were recharged and a stay proceeding was brought by their lawyers.
SOURCE
Slackness one expects from the Qld. wallopers but failure to present the case SEVEN times??
A MAGISTRATE dismissed charges against two teenagers accused of being part of a rolling street brawl-home invasion after finding the investigating policeman was "too slack" to get witnesses to a committal hearing today. An angry magistrate Chris Callaghan refused a police application to adjourn the committal hearing and discharged the two teenagers.
The teenagers, who are now 18 but were juveniles at the time, were allegedly involved in a street fight at Cleveland, in the bayside region, in November 2009. The fight later spilled over to a nearby house where up to eight teenage boys were involved.
In the Magistrates Court in Brisbane, the pair were to face a two-day committal hearing from today in which nine witnesses were listed to appear. However, Mr Callaghan was asked to adjourn the hearing because none of the witnesses were at court.
He refused the application and said it appeared the investigating officer had been too slack to check his computer and see the committal hearing was listed for today. Mr Callaghan said the matter had been adjourned on seven previous occasions and today's committal hearing had been set down three months ago.
He said the teenagers were charged in March last year and in the interests of justice they were entitled to have the evidence against them heard in a timely fashion. Likewise, it was the victims right to be able to give their evidence in a timely way.
Mr Callaghan refused the application and ordered the committal proceed. Police then offered no evidence and Judge Callaghan struck out the charges and discharged the teenagers.
He also ordered that his reasons be recorded and provided if the teenagers were recharged and a stay proceeding was brought by their lawyers.
SOURCE
Friday, December 24, 2010
Thug cops escape justice again
They should have been put in front of a jury on a manslaughter charge
THE mother of a Queensland teenager run over and killed after police handcuffed him and forced him to lie on a road is disgusted no charges will be laid.
Andrew Bornen, 16, was lying restrained and face down on a busy suburban roadway in the Ipswich suburb of Brassall when he was struck and killed by a car on February 7, 2009. His heart, aorta and pulmonary trunk were ruptured and he died before an ambulance arrived six minutes later.
Officers had forced the Ipswich teen to lie on the road after reports a youth was armed with a machete in the area. However, Mr Bornen was carrying only a baseball bat when confronted by police and an inquest found he had not been acting aggressively.
Mr Bornen's mother, Helen Donaldson, said the Department of Public Prosecutions told her yesterday no charges would be laid over her son's death. She said the news, delivered just before Christmas, had put her "over the cliff".
"I was a bit disgusted," Ms Donaldson said. "I was very upset, very emotional. I'm down anyway, but for them to ring me two days before Christmas, that is what tops the cake."
Ms Donaldson said she took comfort that the inquest had found her son was simply in the wrong place at the wrong time and had not deserved such treatment. But she said she doubted police had learnt anything from the tragedy. "I at least thought they should have been charged with something," she said.
Director of Public Prosecutions Tony Moynihan, SC, said he had carefully considered evidence that would be admissible in any trial. "There is no suggestion that the police officers were acting unlawfully or not in the execution of their duty in arresting Andrew Bornen, who was intoxicated and armed in public," he said in a statement.
"Given the momentary opportunity the police officers had to assess and act in this situation, the efforts made to alert the driver of the vehicle and the contribution of the driver of the vehicle which ran over and killed Mr Bornen, there is no reasonable prospect of a conviction."
A coroner's inquest found the female driver bore no responsibility for the death.
State Coroner Michael Barnes told the inquest in July he could not accept the evidence of then Senior Constable Anthony Brett and Senior Constable Robert Ward that Bornen, who was drunk, acted aggressively towards them, warranting him being handcuffed on the street.
He said the officers had made a "terrible error of judgment" in leaving the teenager lying there.
SOURCE
They should have been put in front of a jury on a manslaughter charge
THE mother of a Queensland teenager run over and killed after police handcuffed him and forced him to lie on a road is disgusted no charges will be laid.
Andrew Bornen, 16, was lying restrained and face down on a busy suburban roadway in the Ipswich suburb of Brassall when he was struck and killed by a car on February 7, 2009. His heart, aorta and pulmonary trunk were ruptured and he died before an ambulance arrived six minutes later.
Officers had forced the Ipswich teen to lie on the road after reports a youth was armed with a machete in the area. However, Mr Bornen was carrying only a baseball bat when confronted by police and an inquest found he had not been acting aggressively.
Mr Bornen's mother, Helen Donaldson, said the Department of Public Prosecutions told her yesterday no charges would be laid over her son's death. She said the news, delivered just before Christmas, had put her "over the cliff".
"I was a bit disgusted," Ms Donaldson said. "I was very upset, very emotional. I'm down anyway, but for them to ring me two days before Christmas, that is what tops the cake."
Ms Donaldson said she took comfort that the inquest had found her son was simply in the wrong place at the wrong time and had not deserved such treatment. But she said she doubted police had learnt anything from the tragedy. "I at least thought they should have been charged with something," she said.
Director of Public Prosecutions Tony Moynihan, SC, said he had carefully considered evidence that would be admissible in any trial. "There is no suggestion that the police officers were acting unlawfully or not in the execution of their duty in arresting Andrew Bornen, who was intoxicated and armed in public," he said in a statement.
"Given the momentary opportunity the police officers had to assess and act in this situation, the efforts made to alert the driver of the vehicle and the contribution of the driver of the vehicle which ran over and killed Mr Bornen, there is no reasonable prospect of a conviction."
A coroner's inquest found the female driver bore no responsibility for the death.
State Coroner Michael Barnes told the inquest in July he could not accept the evidence of then Senior Constable Anthony Brett and Senior Constable Robert Ward that Bornen, who was drunk, acted aggressively towards them, warranting him being handcuffed on the street.
He said the officers had made a "terrible error of judgment" in leaving the teenager lying there.
SOURCE
Wednesday, December 22, 2010
Proposal to reform slack Qld. police disciplinary practices
A BLUEPRINT to dramatically change the way police discipline police has been released. Police watchdog the Crime and Misconduct Commission released its long-awaited report in the internal disciplinary process this morning. It has senior politicians, high-ranking police, bureaucrats and unions in a spin over whether they support the wide-ranging calls for reform.
The CMC made 11 recommendations to improve the disciplinary process which has been regularly attacked by rank-and-file officers as too long and confusing. It has also been attacked on several occasions as a mechanism to cover-up police brutality and mistakes against innocent citizens.
"Among the CMC’s recommendations is for the QPS to elevate complaints management to core business and, in doing so, ensure that its Ethical Standards Command (ESC), responsible for dealing with complaints against police, is adequately resourced," said CMC assistant commissioner of misconduct Warren Strange.
The thrust of many of the proposals is to quicken the whole disciplinary process from investigation to punishment, or acquittal.
If adopted by the State Government, legislation would be amended to force the Police Commissioner, currently Bob Atkinson, to report directly to the CMC on disciplinary investigations. It would also give the Commissioner powers to sack an officer is he loses confidence in his or her performance or conduct.
The CMC was scathing of the current police practice to suspend sanctions that it imposes on officers deemed guilty of misconduct. It called for sanctions to be enforced immediately, not suspended.
Policies would also be re-written to make the definition of "misconduct" consistent at all levels. It said a good disciplinary process was based on the principles of simplicity, effectiveness, transparency and strength.
Move-On Powers
The CMC also released a separate report calling for police on patrol to soften their approach to people in public places. "We have made 11 recommendations, including restricting the use of move-on powers to behaviour," said CMC deputy director of research Dr Rebecca Denning. "This means that the powers can no longer be used against a person for merely being present in a public space.
"The CMC’s review raises concerns about the lack of emphasis on the use of informal conflict resolution methods, such as persuasion and mediation. "The focus of police should be on ensuring the least punitive policing options are selected to match the conduct, with arrest the last resort," Dr Denning said.
The report suggested the homeless and indigenous people were more "at risk" of receiving a harsher interpretation of move-on powers than others. Move-on powers were introduced in 1997, but were not uniform across the state until 2006.
SOURCE
Queensland police officer to be re-tried for assault
A police officer who used capsicum spray on a man before repeatedly hitting him with his baton will be re-tried for assault.
The Court of Appeal in Brisbane this week sent Michael O'Sullivan's case back to the District Court for further hearing after a successful application by the Crime and Misconduct Commission.
Mr O'Sullivan was originally found guilty of common assault in late 2008, over the incident in Brisbane the previous year. The summary trial heard Mr O'Sullivan used capsicum spray on a man and then hit him three times with his baton. The force was deemed to be excessive.
Mr O'Sullivan was fined $700 but no conviction was recorded. He appealed against the verdict, and was awarded an acquittal.
However the CMC has now successfully fought to have the matter sent back for another trial.
SOURCE
A BLUEPRINT to dramatically change the way police discipline police has been released. Police watchdog the Crime and Misconduct Commission released its long-awaited report in the internal disciplinary process this morning. It has senior politicians, high-ranking police, bureaucrats and unions in a spin over whether they support the wide-ranging calls for reform.
The CMC made 11 recommendations to improve the disciplinary process which has been regularly attacked by rank-and-file officers as too long and confusing. It has also been attacked on several occasions as a mechanism to cover-up police brutality and mistakes against innocent citizens.
"Among the CMC’s recommendations is for the QPS to elevate complaints management to core business and, in doing so, ensure that its Ethical Standards Command (ESC), responsible for dealing with complaints against police, is adequately resourced," said CMC assistant commissioner of misconduct Warren Strange.
The thrust of many of the proposals is to quicken the whole disciplinary process from investigation to punishment, or acquittal.
If adopted by the State Government, legislation would be amended to force the Police Commissioner, currently Bob Atkinson, to report directly to the CMC on disciplinary investigations. It would also give the Commissioner powers to sack an officer is he loses confidence in his or her performance or conduct.
The CMC was scathing of the current police practice to suspend sanctions that it imposes on officers deemed guilty of misconduct. It called for sanctions to be enforced immediately, not suspended.
Policies would also be re-written to make the definition of "misconduct" consistent at all levels. It said a good disciplinary process was based on the principles of simplicity, effectiveness, transparency and strength.
Move-On Powers
The CMC also released a separate report calling for police on patrol to soften their approach to people in public places. "We have made 11 recommendations, including restricting the use of move-on powers to behaviour," said CMC deputy director of research Dr Rebecca Denning. "This means that the powers can no longer be used against a person for merely being present in a public space.
"The CMC’s review raises concerns about the lack of emphasis on the use of informal conflict resolution methods, such as persuasion and mediation. "The focus of police should be on ensuring the least punitive policing options are selected to match the conduct, with arrest the last resort," Dr Denning said.
The report suggested the homeless and indigenous people were more "at risk" of receiving a harsher interpretation of move-on powers than others. Move-on powers were introduced in 1997, but were not uniform across the state until 2006.
SOURCE
Queensland police officer to be re-tried for assault
A police officer who used capsicum spray on a man before repeatedly hitting him with his baton will be re-tried for assault.
The Court of Appeal in Brisbane this week sent Michael O'Sullivan's case back to the District Court for further hearing after a successful application by the Crime and Misconduct Commission.
Mr O'Sullivan was originally found guilty of common assault in late 2008, over the incident in Brisbane the previous year. The summary trial heard Mr O'Sullivan used capsicum spray on a man and then hit him three times with his baton. The force was deemed to be excessive.
Mr O'Sullivan was fined $700 but no conviction was recorded. He appealed against the verdict, and was awarded an acquittal.
However the CMC has now successfully fought to have the matter sent back for another trial.
SOURCE
Sunday, December 19, 2010
Rogue cops in the Qld. police dog squad
Alarming that such cops had ANY contact with the public
POLICE dog handlers accused each other of stalking, assault, bullying and indecent exposure during years of turmoil and division. One officer was reported for emerging naked from a marked police car after a drinking session, and was accused of separately threatening to kill another handler's dog.
Internal documents reveal the problems facing the state's police dog handlers.
A report says an officer in charge of a drug detection dog spilled out of a police car "entirely naked" while on assignment in north Queensland in late-2007. "He walked the entire drive of the complex naked and which was approximately 100 metres long and at no time attempting to cover up his genitals," a sergeant reported.
Another colleague reported overhearing the officer discussing drink spiking and drugs at one of the local nightclubs earlier on the same night. "If you want to loosen women up, just drop a line of cocaine in their drink and you can do whatever you want . . . drop a few eccies and you will stay hard and up all night," the officer allegedly said.
Further allegations were made against the handler over alleged intimidation of the sergeant who reported his nude run, including a threat to kill her police dog.
There was uproar in the dog squad over plans to transfer the officer to a general police dogs position, with numerous handlers writing letters to oppose the move. "It stresses me that he is capable of carrying his firearm . . . after being on stress leave and making threats to kill persons and dogs," one senior constable wrote.
A separate sergeant claimed the officer had admitted driving past his house at night and shining a light through a bedroom window. An email from another officer says: "Past record illustrates that he responds to managerial guidance and discipline by making false allegations against the manager."
A police dogs training co-ordinator sent an official report in November 2008 highlighting concerns of officers about the handler, who is believed to have since left the service. He was not the only officer to face allegations.
The sergeant who reported his nude runs was accused of bullying by a number of officers and removed from the dog squad for more than a year.
SOURCE
Alarming that such cops had ANY contact with the public
POLICE dog handlers accused each other of stalking, assault, bullying and indecent exposure during years of turmoil and division. One officer was reported for emerging naked from a marked police car after a drinking session, and was accused of separately threatening to kill another handler's dog.
Internal documents reveal the problems facing the state's police dog handlers.
A report says an officer in charge of a drug detection dog spilled out of a police car "entirely naked" while on assignment in north Queensland in late-2007. "He walked the entire drive of the complex naked and which was approximately 100 metres long and at no time attempting to cover up his genitals," a sergeant reported.
Another colleague reported overhearing the officer discussing drink spiking and drugs at one of the local nightclubs earlier on the same night. "If you want to loosen women up, just drop a line of cocaine in their drink and you can do whatever you want . . . drop a few eccies and you will stay hard and up all night," the officer allegedly said.
Further allegations were made against the handler over alleged intimidation of the sergeant who reported his nude run, including a threat to kill her police dog.
There was uproar in the dog squad over plans to transfer the officer to a general police dogs position, with numerous handlers writing letters to oppose the move. "It stresses me that he is capable of carrying his firearm . . . after being on stress leave and making threats to kill persons and dogs," one senior constable wrote.
A separate sergeant claimed the officer had admitted driving past his house at night and shining a light through a bedroom window. An email from another officer says: "Past record illustrates that he responds to managerial guidance and discipline by making false allegations against the manager."
A police dogs training co-ordinator sent an official report in November 2008 highlighting concerns of officers about the handler, who is believed to have since left the service. He was not the only officer to face allegations.
The sergeant who reported his nude runs was accused of bullying by a number of officers and removed from the dog squad for more than a year.
SOURCE
Thursday, December 9, 2010
Queensland police officer quits after using excessive force in teen arrest
Is it too much to hope that he will be prosecuted for assault?
A POLICE officer found to have used excessive force in the arrest of a 15-year-old boy was allowed to resign from the Queensland Police Service before the Queensland Civil and Administrative Tribunal had a chance to sack him. Although the QPS normally requires three months notice from police, Sergeant Damien Chapman submitted his resignation last Thursday and was released at 4pm on Friday.
His departure came just five days before QCAT delivered its sanction after finding Chapman guilty of improper conduct and excessive force, in relation to the arrest of a boy at Clontarf north of Brisbane in May 2007. The 15-year-old who cannot be named, suffered a ruptured spleen as a result of a blow to his side during the arrest.
In a hearing yesterday, the tribunal heard Chapman's resignation was accepted by North Coast Assistant Commissioner Graham Rynders.
In an extraordinary coincidence, Mr Rynders is the brother of Deputy Commissioner Kathy Rynders who had previously found misconduct allegations against Chapman could not be substantiated.
The Crime and Misconduct Commission appealed the police ruling, claiming Chapman should have been dismissed for his conduct. Yesterday tribunal members James Thomas and Susan Booth ruled that had Chapman not resigned from the QPS he would have been dismissed for improper conduct and excessive force.
"The respondent's attempt to cover up his misconduct only aggravates the situation and reveals an attitude that is not acceptable in a serving officer," Mr Thomas said.
He also ordered a "disciplinary declaration" be made against Chapman, limiting his chances of future employment in the public service and security organisations.
A CMC spokeswoman said it was the first time a disciplinary declaration had been made by QCAT against a police officer. "The making of a disciplinary declaration against public sector officers including police, has only been possible since State Parliament passed relevant legislation in late 2009," said the spokeswoman.
SOURCE
Is it too much to hope that he will be prosecuted for assault?
A POLICE officer found to have used excessive force in the arrest of a 15-year-old boy was allowed to resign from the Queensland Police Service before the Queensland Civil and Administrative Tribunal had a chance to sack him. Although the QPS normally requires three months notice from police, Sergeant Damien Chapman submitted his resignation last Thursday and was released at 4pm on Friday.
His departure came just five days before QCAT delivered its sanction after finding Chapman guilty of improper conduct and excessive force, in relation to the arrest of a boy at Clontarf north of Brisbane in May 2007. The 15-year-old who cannot be named, suffered a ruptured spleen as a result of a blow to his side during the arrest.
In a hearing yesterday, the tribunal heard Chapman's resignation was accepted by North Coast Assistant Commissioner Graham Rynders.
In an extraordinary coincidence, Mr Rynders is the brother of Deputy Commissioner Kathy Rynders who had previously found misconduct allegations against Chapman could not be substantiated.
The Crime and Misconduct Commission appealed the police ruling, claiming Chapman should have been dismissed for his conduct. Yesterday tribunal members James Thomas and Susan Booth ruled that had Chapman not resigned from the QPS he would have been dismissed for improper conduct and excessive force.
"The respondent's attempt to cover up his misconduct only aggravates the situation and reveals an attitude that is not acceptable in a serving officer," Mr Thomas said.
He also ordered a "disciplinary declaration" be made against Chapman, limiting his chances of future employment in the public service and security organisations.
A CMC spokeswoman said it was the first time a disciplinary declaration had been made by QCAT against a police officer. "The making of a disciplinary declaration against public sector officers including police, has only been possible since State Parliament passed relevant legislation in late 2009," said the spokeswoman.
SOURCE
Friday, December 3, 2010
Qld. cops who broke man's leg may cost taxpayers $200,000 in compensation
Utter thugs. Imagine the violence needed to break a man's leg. Perhaps worst of all, no word of any disciplinary action against the cops involved. They should be fired -- at a bare minimum
POLICE who broke a man's leg after he taunted them about not being able to park a car could end up costing taxpayers $200,000 in compensation. The leg of Martin Francis, 46, was badly broken in two places, he lost his job and was out of work for eight months after he was wrongfully arrested in August last year and jammed into a police vehicle outside a Mount Isa nightclub.
Mr Francis yesterday said his leg was "nearly snapped in half" in the tussle with three police, the Courier-Mail reported. Surgeons had to pin and screw his bones together during a recovery that took six months. "I was screaming in pain, telling them they had broken my leg," he said. "They told me to shut up, that it was a sore foot."
He said his leg was wedged between two seats and broke as he was dragged by the hair and shoved into a police car. "They were pumped up and looking for action and took their testosterone out on me. I deserve an apology," he said. Extra police were on duty in Mount Isa on the night in anticipation of trouble over the opening of a Rebels bikie gang clubhouse.
Mr Francis said his troubles began when he was smoking outside the Irish Club and criticised police about a poorly parked patrol car.
His lawyer, Kyle Barram, yesterday confirmed he was negotiating an out-of-court settlement with the Queensland Police Service after a magistrate threw out the case against Mr Francis last July. He ordered police to pay Mr Francis's costs. Mr Francis said his foot was still numb, he had trouble walking and struggled to do his tyre fitter's job.
In a damning judgment handed down on July 22, Mount Isa Magistrate Cathy Wadley dismissed all three charges against Mr Francis including disorderly behaviour, failing to leave a premise and obstructing police. She condemned the actions of the three police officers. She described them as "unreliable" and "inconsistent" in their evidence.
"It is obvious, on the evidence, that Mr Francis's leg was broken at the time of being placed into the police vehicle," she said in her judgment. "It is inconceivable that any man who has had his leg broken would not scream out in pain."
She said the officers had reacted to a comment. "This is a case where (they) should have resisted the sting of any insult," she said.
An internal police investigation has been ordered. The Queensland Police Service did not comment last night.
SOURCE
Utter thugs. Imagine the violence needed to break a man's leg. Perhaps worst of all, no word of any disciplinary action against the cops involved. They should be fired -- at a bare minimum
POLICE who broke a man's leg after he taunted them about not being able to park a car could end up costing taxpayers $200,000 in compensation. The leg of Martin Francis, 46, was badly broken in two places, he lost his job and was out of work for eight months after he was wrongfully arrested in August last year and jammed into a police vehicle outside a Mount Isa nightclub.
Mr Francis yesterday said his leg was "nearly snapped in half" in the tussle with three police, the Courier-Mail reported. Surgeons had to pin and screw his bones together during a recovery that took six months. "I was screaming in pain, telling them they had broken my leg," he said. "They told me to shut up, that it was a sore foot."
He said his leg was wedged between two seats and broke as he was dragged by the hair and shoved into a police car. "They were pumped up and looking for action and took their testosterone out on me. I deserve an apology," he said. Extra police were on duty in Mount Isa on the night in anticipation of trouble over the opening of a Rebels bikie gang clubhouse.
Mr Francis said his troubles began when he was smoking outside the Irish Club and criticised police about a poorly parked patrol car.
His lawyer, Kyle Barram, yesterday confirmed he was negotiating an out-of-court settlement with the Queensland Police Service after a magistrate threw out the case against Mr Francis last July. He ordered police to pay Mr Francis's costs. Mr Francis said his foot was still numb, he had trouble walking and struggled to do his tyre fitter's job.
In a damning judgment handed down on July 22, Mount Isa Magistrate Cathy Wadley dismissed all three charges against Mr Francis including disorderly behaviour, failing to leave a premise and obstructing police. She condemned the actions of the three police officers. She described them as "unreliable" and "inconsistent" in their evidence.
"It is obvious, on the evidence, that Mr Francis's leg was broken at the time of being placed into the police vehicle," she said in her judgment. "It is inconceivable that any man who has had his leg broken would not scream out in pain."
She said the officers had reacted to a comment. "This is a case where (they) should have resisted the sting of any insult," she said.
An internal police investigation has been ordered. The Queensland Police Service did not comment last night.
SOURCE
Thursday, December 2, 2010
Qld. cops told to monitor their language and refrain from calling offenders 'idiots' and 'stupid' etc.
POLICE are being chastised for calling alleged offenders idiots, despite state government road safety campaigns branding drink drivers "bloody idiots" and leadfoots as "stupid".
Two officers from the Brisbane West traffic branch have received "managerial guidance" for their language after traffic offenders complained. In one instance a woman who was not wearing a seatbelt was offended when an officer told her she was "an idiot". Another driver claimed police implied he was a liar when the officer said "I don't like people who lie to me" in relation to a traffic offence.
Senior Sergeant Laurence Rucker, who is seeking election to the Queensland Police Union, said he was also chastised for telling a motorist his excuse for flashing his headlights "was bull----". "The first officer who investigated said it was 'everyday Australian language' but the bosses upheld the complaint and I was ordered to undergo managerial guidance," Sen-Sgt Rucker said.
"Police have got to have a certain standard of conduct but it seems a bit much when government advertising campaigns are using terms like idiot and stupid to promote road safety. If I pull up a person and say `slow down, stupid' I'll be charged."
A Queensland Police Service spokesman confirmed complaints of incivility had been substantiated against officers, leaving them to subject to managerial guidance. “All police are bound by a code of conduct which includes treating all people with respect and dignity,” said the spokesman. “An officer calling someone stupid or an idiot could be classified as a breach of discipline.”
Sen-Sgt Rucker said police should be able to speak to drivers "in their own language". "I speak to them, the same way they talk to me," he said. "But some people get very upset about getting a lecture at the same time as getting a ticket."
In the year to June, 3011 complaints were made against police. Less than 4 per cent of complaints were substantiated.
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POLICE are being chastised for calling alleged offenders idiots, despite state government road safety campaigns branding drink drivers "bloody idiots" and leadfoots as "stupid".
Two officers from the Brisbane West traffic branch have received "managerial guidance" for their language after traffic offenders complained. In one instance a woman who was not wearing a seatbelt was offended when an officer told her she was "an idiot". Another driver claimed police implied he was a liar when the officer said "I don't like people who lie to me" in relation to a traffic offence.
Senior Sergeant Laurence Rucker, who is seeking election to the Queensland Police Union, said he was also chastised for telling a motorist his excuse for flashing his headlights "was bull----". "The first officer who investigated said it was 'everyday Australian language' but the bosses upheld the complaint and I was ordered to undergo managerial guidance," Sen-Sgt Rucker said.
"Police have got to have a certain standard of conduct but it seems a bit much when government advertising campaigns are using terms like idiot and stupid to promote road safety. If I pull up a person and say `slow down, stupid' I'll be charged."
A Queensland Police Service spokesman confirmed complaints of incivility had been substantiated against officers, leaving them to subject to managerial guidance. “All police are bound by a code of conduct which includes treating all people with respect and dignity,” said the spokesman. “An officer calling someone stupid or an idiot could be classified as a breach of discipline.”
Sen-Sgt Rucker said police should be able to speak to drivers "in their own language". "I speak to them, the same way they talk to me," he said. "But some people get very upset about getting a lecture at the same time as getting a ticket."
In the year to June, 3011 complaints were made against police. Less than 4 per cent of complaints were substantiated.
SOURCE
Wednesday, December 1, 2010
Dear Kathy under heavy fire
If the spotlight on her is bright enough, she might have the conspiring cops charged. Their behaviour was quite clearly grossly improper but with the coverup traditions in Qld., people are right be fear that justice will not be done
THE Crime and Misconduct Commission says only the Queensland Police Commissioner can resolve perceptions of bias in a high-profile police disciplinary review. Controversy still surrounds the appointment of Deputy Commissioner Kathy Rynders to discipline six officers who investigated the 2004 death in custody of Mulrunji Doomadgee.
Indigenous leaders from far north Queensland are calling for Ms Rynders to be removed, citing the fact she had previously given two of the officers bravery awards for actions during the ensuing Palm Island riots.
Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner, was one to call for Ms Rynders' removal. "It's not only for the perception of justice, it's for the public to have confidence in the justice system," he said. Other indigenous leaders from far north Queensland and the lawyer for the Doomadgee family agree.
This afternoon, the CMC released a statement clarifying that only Commissioner Bob Atkinson can remove Ms Rynders. "Her appointment and the management of any perceived conflict of interest is the responsibility of the Police Commissioner," the statement read. "The CMC's role is to monitor the way the QPS progresses the disciplinary process."
But Police Minister Neil Roberts and high-ranking police have continued to stick by the embattled Deputy Commissioner. Earlier today, Mr Roberts said Ms Rynders was "of the highest integrity and professionalism". Mr Atkinson was unable to be contacted this afternoon.
The CMC has previously recommended the six officers face disciplinary action for their allegedly bungled handling of the investigation in to their colleagues.
Palm Island mayor Alf Lacey told The Courier-Mail this month the six "cannot be let off the hook". "Atkinson and the police hierarchy need to get their act together and discipline those six officers who protected their own and covered up this injustice,'' he said.
SOURCE
If the spotlight on her is bright enough, she might have the conspiring cops charged. Their behaviour was quite clearly grossly improper but with the coverup traditions in Qld., people are right be fear that justice will not be done
THE Crime and Misconduct Commission says only the Queensland Police Commissioner can resolve perceptions of bias in a high-profile police disciplinary review. Controversy still surrounds the appointment of Deputy Commissioner Kathy Rynders to discipline six officers who investigated the 2004 death in custody of Mulrunji Doomadgee.
Indigenous leaders from far north Queensland are calling for Ms Rynders to be removed, citing the fact she had previously given two of the officers bravery awards for actions during the ensuing Palm Island riots.
Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner, was one to call for Ms Rynders' removal. "It's not only for the perception of justice, it's for the public to have confidence in the justice system," he said. Other indigenous leaders from far north Queensland and the lawyer for the Doomadgee family agree.
This afternoon, the CMC released a statement clarifying that only Commissioner Bob Atkinson can remove Ms Rynders. "Her appointment and the management of any perceived conflict of interest is the responsibility of the Police Commissioner," the statement read. "The CMC's role is to monitor the way the QPS progresses the disciplinary process."
But Police Minister Neil Roberts and high-ranking police have continued to stick by the embattled Deputy Commissioner. Earlier today, Mr Roberts said Ms Rynders was "of the highest integrity and professionalism". Mr Atkinson was unable to be contacted this afternoon.
The CMC has previously recommended the six officers face disciplinary action for their allegedly bungled handling of the investigation in to their colleagues.
Palm Island mayor Alf Lacey told The Courier-Mail this month the six "cannot be let off the hook". "Atkinson and the police hierarchy need to get their act together and discipline those six officers who protected their own and covered up this injustice,'' he said.
SOURCE
Friday, November 26, 2010
Queensland Police cleared officer who was later found guilty of using excessive force
Finding a fellow cop guilty of anything is an Everest climb for them -- and they rarely get to the top
QUEENSLAND Police Service has received another stinging rebuke on its internal investigations after it cleared an officer that has since been found guilty of using "excessive force" on a teenager during a violent arrest.
In the wake of criticisms by the Crime and Misconduct Commission, Queensland Civil and Administrative Tribunal accused the force of having unsatisfactory and archaic procedures when dealing with its own, saying that Sergeant Damien Chapman was "not authorised justified or excused by law" when he struck 15 year-old Graham McCormac of Clontarf in Brisbane's north - who was then hospitalised with a ruptured spleen.
QCAT said the investigation was "a relic of earlier armed service orderly room procedure". "It may be satisfactory for dealing with minor disciplinary infringements, but it leaves much to be desired in more serious matter like the present," QCAT documents said.
"In the original proceeding before Deputy Commissioner (Kathy) Rynders there was no prosecutor, and no witnesses were seen or heard. "The material was assembled by an investigator with power to require member of the police service to answer his questions; that material was sent to his superiors and in due course Sergeant Chapman was directed to appear before Deputy-Commissioner Rynders, which he did with counsel."
Police Commissioner Bob Atkinson refused to comment on QPS's handling of the matter.
It's the second time QPS had been overruled by QCAT in as many months, after doubling the penalty for a Sunshine Coast senior constable who had a party in the police station with people of "questionable" backgrounds.
A police spokeswoman said in a statement that the findings were noted and that it would be "inappropriate to comment further at this stage" as the matter has been adjourned to early December, where sanctions would be determined.
Crime and Misconduct Commission chairman Martin Moynihan told Police Minister Neil Roberts that QPS had a problem with "inadequate supervision and intervention in the context of operational policing".
The Chapman case was one of four referred to QCAT by the CMC in the past year.
SOURCE
Finding a fellow cop guilty of anything is an Everest climb for them -- and they rarely get to the top
QUEENSLAND Police Service has received another stinging rebuke on its internal investigations after it cleared an officer that has since been found guilty of using "excessive force" on a teenager during a violent arrest.
In the wake of criticisms by the Crime and Misconduct Commission, Queensland Civil and Administrative Tribunal accused the force of having unsatisfactory and archaic procedures when dealing with its own, saying that Sergeant Damien Chapman was "not authorised justified or excused by law" when he struck 15 year-old Graham McCormac of Clontarf in Brisbane's north - who was then hospitalised with a ruptured spleen.
QCAT said the investigation was "a relic of earlier armed service orderly room procedure". "It may be satisfactory for dealing with minor disciplinary infringements, but it leaves much to be desired in more serious matter like the present," QCAT documents said.
"In the original proceeding before Deputy Commissioner (Kathy) Rynders there was no prosecutor, and no witnesses were seen or heard. "The material was assembled by an investigator with power to require member of the police service to answer his questions; that material was sent to his superiors and in due course Sergeant Chapman was directed to appear before Deputy-Commissioner Rynders, which he did with counsel."
Police Commissioner Bob Atkinson refused to comment on QPS's handling of the matter.
It's the second time QPS had been overruled by QCAT in as many months, after doubling the penalty for a Sunshine Coast senior constable who had a party in the police station with people of "questionable" backgrounds.
A police spokeswoman said in a statement that the findings were noted and that it would be "inappropriate to comment further at this stage" as the matter has been adjourned to early December, where sanctions would be determined.
Crime and Misconduct Commission chairman Martin Moynihan told Police Minister Neil Roberts that QPS had a problem with "inadequate supervision and intervention in the context of operational policing".
The Chapman case was one of four referred to QCAT by the CMC in the past year.
SOURCE
Wednesday, November 24, 2010
Killer cop faces probe into $100,000 compensation claim
FORMER Palm Island policeman Chris Hurley is still facing a probe into whether he dishonestly claimed $100,000 in compensation over riots in the aftermath of the Mulrunji death in custody.
The Crime and Misconduct Commission has ruled insufficient evidence to pursue allegations of assault, lying and collusion against the now Gold Coast based senior-sergeant.
Deputy Chief Magistrate Brian Hine in his findings of the third inquest into the 2004 Palm Island death in custody recommended in May the CMC investigate the allegations and potential for any new charges.
Six years on, the police officer acquitted of the manslaughter of Cameron Doomadgee and cleared of the latest inquiry into alleged assault and collusion is still under investigation for alleged insurance fraud.
Prominent criminal barrister Jeff Hunter, SC, is likely to brief the new Deputy Director of Public Prosecutions in coming weeks on whether to pursue criminal insurance fraud charges against Sen-Sgt Hurley.
Mr Hunter was asked to investigate whether Sen-Sgt Hurley sought to profit by making three compensation claims after rioters burnt down his house and police station three days after Doomadgee was found dead on the floor of a Palm Island jail cell.
The Aboriginal father-of-one, known as Mulrunji, died on November 19, 2004, after a watchhouse scuffle with Sen-Sgt Hurley. He had broken ribs, a ruptured portal vein and his liver was cleaved almost in two after what Sen-Sgt Hurley described as a tussle and complicated fall. Sen-Sgt Hurley did not return calls on Tuesday.
Meanwhile, six police officers who investigated the Palm Island death and were recommended by the CMC for disciplinary action after the alleged whitewash of police investigating police are still waiting in limbo. "Entire lives and careers are on hold," said one of the officers, who asked not to be named.
Former Deputy Commissioner Kathy Rynders is heading the inquiry into what disciplinary action the six officers should face after the damning findings of the CMC's Palm Island report.
Palm Island mayor Alf Lacey said the six officers "cannot be let off the hook". "They can try to close their book but the wider community will not shut the book on this ugly chapter," he said. "(Police Commissioner) Bob Atkinson and the police hierarchy need to get their act together and discipline those six officers who protected their own and covered up this injustice." [Dear Kathy will let them off lightly. Never fear]
SOURCE
FORMER Palm Island policeman Chris Hurley is still facing a probe into whether he dishonestly claimed $100,000 in compensation over riots in the aftermath of the Mulrunji death in custody.
The Crime and Misconduct Commission has ruled insufficient evidence to pursue allegations of assault, lying and collusion against the now Gold Coast based senior-sergeant.
Deputy Chief Magistrate Brian Hine in his findings of the third inquest into the 2004 Palm Island death in custody recommended in May the CMC investigate the allegations and potential for any new charges.
Six years on, the police officer acquitted of the manslaughter of Cameron Doomadgee and cleared of the latest inquiry into alleged assault and collusion is still under investigation for alleged insurance fraud.
Prominent criminal barrister Jeff Hunter, SC, is likely to brief the new Deputy Director of Public Prosecutions in coming weeks on whether to pursue criminal insurance fraud charges against Sen-Sgt Hurley.
Mr Hunter was asked to investigate whether Sen-Sgt Hurley sought to profit by making three compensation claims after rioters burnt down his house and police station three days after Doomadgee was found dead on the floor of a Palm Island jail cell.
The Aboriginal father-of-one, known as Mulrunji, died on November 19, 2004, after a watchhouse scuffle with Sen-Sgt Hurley. He had broken ribs, a ruptured portal vein and his liver was cleaved almost in two after what Sen-Sgt Hurley described as a tussle and complicated fall. Sen-Sgt Hurley did not return calls on Tuesday.
Meanwhile, six police officers who investigated the Palm Island death and were recommended by the CMC for disciplinary action after the alleged whitewash of police investigating police are still waiting in limbo. "Entire lives and careers are on hold," said one of the officers, who asked not to be named.
Former Deputy Commissioner Kathy Rynders is heading the inquiry into what disciplinary action the six officers should face after the damning findings of the CMC's Palm Island report.
Palm Island mayor Alf Lacey said the six officers "cannot be let off the hook". "They can try to close their book but the wider community will not shut the book on this ugly chapter," he said. "(Police Commissioner) Bob Atkinson and the police hierarchy need to get their act together and discipline those six officers who protected their own and covered up this injustice." [Dear Kathy will let them off lightly. Never fear]
SOURCE
Tuesday, November 23, 2010
Crooked Qld cops off the hook
Watchdog says there will be no new charges over Doomadgee Palm Island death
NO new charges will be laid against officers involved in the Palm Island death in custody, said the Crime and Misconduct Commission yesterday.
The CMC was responding to allegations made by Deputy Chief Magistrate Brian Hine at his coronial inquest in May, the third into the 2004 death of Cameron Doomadgee in a Palm Island watchhouse.
The allegations included assault, collusion and lies by the officers involved in the case, including Senior Sergeant Chris Hurley, who originally arrested Doomadgee and was later acquitted of his manslaughter.
"The CMC considers that insufficient evidence exists to support criminal or disciplinary proceedings in relation to any of the allegations," a spokeswoman for the CMC said. [There's plenty of evidence. It should be for a jury to decide]
SOURCE
Watchdog says there will be no new charges over Doomadgee Palm Island death
NO new charges will be laid against officers involved in the Palm Island death in custody, said the Crime and Misconduct Commission yesterday.
The CMC was responding to allegations made by Deputy Chief Magistrate Brian Hine at his coronial inquest in May, the third into the 2004 death of Cameron Doomadgee in a Palm Island watchhouse.
The allegations included assault, collusion and lies by the officers involved in the case, including Senior Sergeant Chris Hurley, who originally arrested Doomadgee and was later acquitted of his manslaughter.
"The CMC considers that insufficient evidence exists to support criminal or disciplinary proceedings in relation to any of the allegations," a spokeswoman for the CMC said. [There's plenty of evidence. It should be for a jury to decide]
SOURCE
Thursday, November 18, 2010
Elite cops or Keystone Kops?
An alarming performance for people trusted with the State's most onerous and demanding duties -- and we won't mention naked "streaking" through the streets either. They're just cowboys high on testosterone -- very dangerous people
QUEENSLAND'S most highly trained police unit lost a high-powered rifle during a training session and narrowly avoided charges by Customs after importing weapons parts without the necessary permits.
The Special Emergency Response Team lost a semi-automatic rifle overboard during a counter-terrorism exercise in Moreton Bay in May, documents released under Right to Information revealed. Despite six police divers searching the area for 39 hours, the weapon _ which was unarmed and inoperable _ could not be found.
Police were satisfied the gun would remain on the seabed rather than get washed ashore, due to its weight and design. They also were confident it would corrode quickly. However, Assistant Commissioner Brett Pointing said training exercises by divers and Water Police had been planned for the same area. "The dive squad will continue to search and dive in this area well into the future," he said in an executive briefing.
In another embarrassment for the elite unit, Customs intervened when three restricted weapons parts arrived in Australia from the US addressed to Queensland police in November 2008. SERT armourers ordered the items from the US to save money but they failed to get the necessary import permits.
Although an investigation found the armourers "acted under an honest and reasonable but mistaken belief in relation to the imported parts", the items were destroyed by Customs and had to be re-ordered.
Geoff Jones, of the Sporting Shooters Association, said the Customs incident highlighted the "paranoia" that existed in relation to guns. "We've got everyone spinning out and frightened of the dark. It's almost laughable now," said Mr Jones.
SOURCE
Sunday, November 14, 2010
Police used confiscated booze to stock social club fridges - claim
BOOZE confiscated from the public has allegedly been used to stock police social club fridges.
In another blow to the integrity of the Queensland Police Service, the crime watchdog has again launched a corruption investigation into police based at a station south of Brisbane.
It is understood the Crime and Misconduct Commission was already monitoring the behaviour of some of the officers at the centre of the new inquiry, and had collected information by phone tapping. Police referred inquiries to the CMC, which refused to comment yesterday.
Only two months ago Police Commissioner Bob Atkinson announced measures to provide greater levels of accountability at the Gold Coast. It was sparked after the CMC launched the covert Operation Tesco, an 18-month investigation into the behaviour of police allegedly taking drugs and accepting free drinks at nightclubs.
SOURCE
Senior Queensland police officers should get back on the beat, says report
QUEENSLAND'S top police have been told to get out from behind the comfort of their desks and back on the beat with front-line officers. A confidential report handed to Queensland's senior officers says everyone from the commissioner down should be leading by example and joining crews on patrols.
The commissioner would only do a shift a year, but inspectors, superintendents and other senior officers would sign up for a shift a month on the front line.
The report, obtained by The Sunday Mail under Right to Information laws, was handed to Commissioner Bob Atkinson at the height of the Operation Tesco corruption debate earlier this year. It says regularly putting senior officers with junior police would stop the "slippery slope" to corruption and abuse of power.
The report team, which included former ethical standards command boss and now Central Region Assistant Commissioner Alan Davey, said police chiefs need to "walk the talk" for their juniors. "It is recommended that non-commissioned officers undertake more general duties and patrols, particularly at night, to provide judgment and leadership to junior officers," the report said.
Mr Davey said his region's senior officers were already hitting the beat, with inspectors and superintendents spending more time with front-line police, particularly on late-night shifts beyond their traditional office hours. The former ethical standards commander said young officers appreciated having "wiser heads" around.
Already adopted from the report is a hit list of indicators of possible corruption, including sloppy dressing, tardiness and excessive drinking, which police managers in the state's Central Region have been told to look out for.
Corrupt police are made, not born, the report says, warning that serious corruption starts with small infringements such as free drinks that, unchecked, can grow into major crimes such as drug dealing.
Another report, the CMC's annual survey of police ethics released this week, found a growing trend among recruits not to report their colleagues for corrupt behaviour such as excessive force to move a person on or doing registration checks to get the address of a good-looking woman.
The CMC said Queensland police are more ethical than they were 15 years ago, with the majority viewing improper behaviour as serious and inexcusable and a growing number of police willing to report matters to senior officers.
SOURCE
Saturday, November 13, 2010
Crime and Misconduct Commission calls for Qld. police commissioner to be more accountable
THE Crime and Misconduct Commission has insisted Police Commissioner Bob Atkinson's new contract make him accountable for officer bad behaviour after claiming the force was unwilling and reluctant to fix problems.
In a confidential letter to Police Minister Neil Roberts about Mr Atkinson's reappointment, CMC chairman Martin Moynihan said investigations showed "inadequate supervision and intervention in the context of operational policing" and "continued unwillingness ... to counter unauthorised access of the police computer system".
Several allegations of system abuse were revealed earlier this year, including a police constable accused of rape and stalking who logged in under another officer's name to check the background of a girlfriend's former fiance, and a senior female detective who was accused of stealing money from the station's social club.
"In my view the conditions of Mr Atkinson's reappointment for a further three years should provide some recognition of the need to effect improvement in these areas, thus imposing upon the Commissioner of Police accountability for occasional and systemic failure in the areas of supervision and unethical behaviour," he said.
The letter written in April this year, which was obtained by The Courier-Mail under Right to Information, followed a spat between the State Government and Mr Moynihan over the handling of Mr Atkinson's reappointment. Mr Moynihan claimed he hadn't been informed before Premier Anna Bligh's decision but the Government denied this, saying meeting notes showed evidence to the contrary.
Mr Atkinson said at a public hearing into systemic issues identified during an investigation into allegations of police misconduct on the Gold Coast, that any failure of professional standards by members needed to be addressed in a "swift, proportionate and balanced manner".
The CMC's Operation Tesco examined allegations of inappropriate associations with criminals, drug use, misuse of confidential police information and resources, leadership and supervision, and acceptance of gratuities.
The CMC released a statement this week saying its relation with QPS was "not aggressive but reflective of healthy co-operation".
"This co-operation, however, will not always mean that we'll reach consensus - nor should it," the statement said. "If the CMC is to maintain high standards of integrity within the QPS and other public sector organisations, it is inevitable that there will be disagreement from time to time."
SOURCE
Friday, November 12, 2010
Former Qld. cop jailed for stealing a pistol and swapping it with a friend for two surfboards
The Gold Coast cops again
A former Gold Coast cop who swapped a police pistol for two surfboards has been sentenced to two years' jail, but will be free in six months. Christopher Morris Curtin stole the Glock .22 handgun from the gun safe at the Surfers Paradise police station in 2001 and swapped it with a mate, a NSW surfboard maker and convicted drug dealer, for two boards.
Southport District Court was told the surfboard maker, Brian Kellway, wanted the gun for pig shooting. [A .22 for shooting pigs? Tell us another one!]
The weapon was traced back to Surfers Paradise police station after it was on-sold several years later for $5000 to an undercover NSW police officer.
Curtin, who quit the Queensland Police Force in 2008 and became a wildlife carer, pleaded guilty to aggravated stealing and possession of tainted property. Judge Kerry O'Brien said he accepted Curtin had stolen the gun to help a friend rather than a crime figure. But he told Curtin: "The community expects police, those charged with detecting things, not to succumb to such behaviour.''
He jailed Curtin for two years, but orderered the sentence be suspended after six months.
SOURCE
Ludicrous: Crime rates down in Queensland – but there are more murders, assaults, computer fraud and traffic offences
MURDERS, assaults, computer fraud and traffic offences have risen in Queensland in the past year but the overall rate of crime has fallen.
Police Minister Neil Roberts and Deputy Commissioner Ian Stewart have released the 2009-2010 police statistical review, hailing it as a positive result.
But the report shows spikes in some of the most serious crimes, with nine more murders last year compared with the previous year, assaults up six per cent and over 18,000 fraud offences.
Police also issued more traffic fines and there was a 53 per cent leap in disqualified drivers.
SOURCE
Tuesday, November 9, 2010
Qld. cops don't dob on cops: report
A new report on police ethics has found some officers would not dob in [incriminate] a colleague who stole confiscated drugs and sold them on the street. The 158-page report released by the Crime and Misconduct Commission today, is based on surveys of recruits and first-year constables conducted between 1995 and 2008.
Although the commission found several positive developments over time including a majority view by police that "improper behaviour is serious and inexcusable", it also identified a number of worrying trends. They included a widespread reluctance among junior officers to formally report misconduct to the police service or the CMC, with about half saying they would not dob in an officer who stole drugs and sold them on the street.
The findings also revealed the majority of recruits and first year constables believed whistleblowers were likely to be ostracised by their peers. "Over two-thirds of recruits and 80 per cent of FYCs agreed that an officer who reported misconduct was likely to be 'given the cold shoulder'," the report said.
The commission has stressed the need for ongoing ethics training, emphasising the seriousness of all improper behaviour by police and at the same time raising awareness of and compliance with QPS policies and legislative obligations.
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