QLD CRIMS TAKE OVER STREETS
Former Labor MP and former Queensland police sergeant Peter Pyke today slammed police commissioner Bob Atkinson over his piss-ant policy on police pursuits which he says has demonstrably stripped the police of their ability to fight crime in Queensland.
Pyke says street cops are fuming and he calls on the cops’ union to get off their lazy bums and to tell the Bligh government it is time for Atkinson to go and sit on a beach somewhere and let police do their jobs which – incidentally commissioner - includes catching criminals.
The story so far: Pyke says that around midnight on Monday 28 March 2011, this week, a white Nissan 1999 utility was stolen from Torrington, West Toowoomba. Through the good work of alert uniformed police who were nearby police quickly located the stolen vehicle driving around in Wilsonton not far from where it was stolen. This first police unit to sight the stolen ute was a marked police mobile patrol which attempted to stop the Nissan utility using their lights and sirens, that’s their job. When the stolen car accelerated away and attempted to evade police, the officers were forced to pull over and stop their marked police vehicle whilst the stolen vehicle was allowed to drive off.
Yup, that’s right, in accordance with commissioner Atkinson’s instructions, despite it being late at night and other traffic virtually non-existent, police are not allowed to pursue stolen vehicles. Full stop.
Pyke says that what followed is enough to make any Queensland citizen wonder. He says that
all police in Toowoomba were then advised directly by the Toowoomba Communications Controller that they were to ‘observe’ the stolen vehicle only but were not – repeat – not allowed to chase it.
Pyke, who monitors police radio transmissions, says that for the next 45 minutes, every police mobile unit in Toowoomba, Helidon and Gatton districts were forced to sit on their hands and watch as the stolen vehicle drove past several police cars and off into the night. He says an unmarked detective’s unit was the second police vehicle to get behind the stolen car and activate it’s lights and sirens to try to stop it but was forced to pull over when the stolen ute kept driving. A marked Dog Squad unit also got behind the stolen car but was also directed not to attempt to stop but to ‘observe’ the Nissan utility only.
Pyke says there were more than enough police units in the immediate area to have quickly detained the utility at around midnight on a Monday night when only cops, baddies and taxis are to be found driving around and the risks of a member of the public being harmed by a responsible pursuit would have been minimal.
“For the sake of a short sharp chase, the stolen Nissan utility and its offending occupants could have been stopped on Monday night within minutes of it being stolen at a time when there was no traffic about and it would have been safest for police to attempt to do that. And isn’t that what we train, equip and pay police to do?” asks Pyke.
Pyke says as if this isn’t bad enough, days later the stolen Nissan ute is still being driven around Toowoomba’s streets with impunity and has been used to commit other crimes.
“The Nissan ute now has false plates CJR-61 screwed onto it and twice on Wednesday 30 March 2011 the stolen vehicle drove into the bottle-shop of the Southern Hotel in Kearneys Spring, Toowoomba where it’s occupants happily loaded up with slabs of Jim Beam bourbon and drove off without paying. Twice, once in the afternoon and the second time at about 10.00 PM,” Pyke says.
Pyke says all this proves that Queensland cops have lost control of the streets because of their inept, incompetent and politically-compromised commissioner.
“Now what happens?” asks Pyke. “It’s a stolen car, it has stolen false plates on it, it keeps driving into bottle-shops and stealing alcohol. What are police supposed to do next time they see it driving past? Wave?”
Pyke says the Bligh government is at fault for extending Atkinson’s contract way past his use-by-date. He is calling on Queenslanders to make their own judgements about whether he is right and police have been forced by Atkinson to hand over control of Queensland streets to the criminals. He says Queenslanders who support street cops doing their jobs should voice their anger at this situation.
But Pyke says there is a twist to this matter, “In our system, all sworn police officers hold the ‘office of constable’ under the rule of law,” says Pyke. “I say no-one can tell a sworn officer he or she may not arrest a person they suspect of committing a criminal offence. In fact, anyone who prevents a sworn police officer from doing so might be arrested for obstruction or as a party to the offence.” Pyke urges cops to look it up.
Pyke says cops should ignore Atkinson and do their jobs which is to catch criminals and put them behind bars.
“I call also on Premier Bligh to explain why her government extended police commissioner Bob Atkinson’s contract when he has reduced police to mere ‘observers’ of crime,” Pyke says.
FOR VERIFICATION OF THESE EVENTS AS DETAILED ABOVE: TELEPHONE TOOWOOMBA POLICE ON 07 4631 6333
The above is a Press Release from Peter Pyke, 0427 388 598, pykie@republicandemocrats.org.au -- of today's date
Thursday, March 31, 2011
Wednesday, March 30, 2011
Ex-model sues police over harassment
A FORMER swimsuit model is suing the Queensland Police Service for $200,000 in damages, claiming she was repeatedly harassed by a traffic policeman and wrongfully arrested.
Gold Coast mum Renee Eaves, 34, is claiming a former Brisbane constable intercepted her 15 to 20 times between 2004 and 2006 and was known to regularly park outside the Brisbane unit she lived in at the time.
In a statement of claim lodged in the Brisbane District Court, the former Miss Bikini World said the officer often pulled her over for minor traffic infringements and once fined her for being a car passenger with a twisted seatbelt.
SOURCE
A FORMER swimsuit model is suing the Queensland Police Service for $200,000 in damages, claiming she was repeatedly harassed by a traffic policeman and wrongfully arrested.
Gold Coast mum Renee Eaves, 34, is claiming a former Brisbane constable intercepted her 15 to 20 times between 2004 and 2006 and was known to regularly park outside the Brisbane unit she lived in at the time.
In a statement of claim lodged in the Brisbane District Court, the former Miss Bikini World said the officer often pulled her over for minor traffic infringements and once fined her for being a car passenger with a twisted seatbelt.
SOURCE
Police "investigating" police again
Police can act as judge and jury and that's OK, apparently
HUMAN rights crusader Terry O'Gorman is furious that the Sippy Downs police officers who forced a teenager to deflate his bike tyres and walk three kilometres home will not be disciplined.
Josh Maday was caught without a helmet while riding a BMX on Claymore Rd. Instead of issuing the then 15-year-old with a warning or fine, officers took the unusual step of deflating the bike tyres to ensure he did not reoffend.
Mr O'Gorman, the Queensland Council of Civil Liberties vice-pres-ident, made a complaint to the Crime and Misconduct Commission, asking whether the officers could be charged with wilful damage.
BUT the matter was directed back to the Sippy Downs station. The officer in charge ruled no further action was necessary after interviewing his colleagues, Josh and Josh's mother, Anne Dyer.
Mr O'Gorman said the internal investigation was “ludicrous”. He has written to the Premier about the police complaints system and saddled this example alongside the Palm Island controversies. “It is absurd the complaint against the police concerned would be investigated by the senior sergeant of the station at which they were based,” Mr O'Gorman said. “It is this council's view that it is well overdue for an independent review to be undertaken of the police complaints process in Queensland.”
Mr O'Gorman said the whole system had become “tortuous”. “We contend the end result of that review should be a splitting of the Crime and Misconduct Commission into two bodies – a Crime Commission and a Police Integrity Commission.”
He said his other concern with the Sippy Downs investigation was the interpretation of the Police Powers Act. He believes it was designed only for public acts like riots.
Ms Dyer said her son's life was put at risk. “Despite what police say it was not a busy road and while he did have a mobile phone, he had no credit,” she said. “With the whole Daniel Morcombe case in the air you'd think they would not just leave him.”
A spokesman for the police union said they had no concerns. “Our business is keeping young people safe when they might not be able to themselves,” he said. “The officers involved acted lawfully and it (letting tyres down) is widespread practice.”
He said every police investigation was overseen by the Ethical Standards Commission and the Crime and Misconduct Commission.
SOURCE
Police can act as judge and jury and that's OK, apparently
HUMAN rights crusader Terry O'Gorman is furious that the Sippy Downs police officers who forced a teenager to deflate his bike tyres and walk three kilometres home will not be disciplined.
Josh Maday was caught without a helmet while riding a BMX on Claymore Rd. Instead of issuing the then 15-year-old with a warning or fine, officers took the unusual step of deflating the bike tyres to ensure he did not reoffend.
Mr O'Gorman, the Queensland Council of Civil Liberties vice-pres-ident, made a complaint to the Crime and Misconduct Commission, asking whether the officers could be charged with wilful damage.
BUT the matter was directed back to the Sippy Downs station. The officer in charge ruled no further action was necessary after interviewing his colleagues, Josh and Josh's mother, Anne Dyer.
Mr O'Gorman said the internal investigation was “ludicrous”. He has written to the Premier about the police complaints system and saddled this example alongside the Palm Island controversies. “It is absurd the complaint against the police concerned would be investigated by the senior sergeant of the station at which they were based,” Mr O'Gorman said. “It is this council's view that it is well overdue for an independent review to be undertaken of the police complaints process in Queensland.”
Mr O'Gorman said the whole system had become “tortuous”. “We contend the end result of that review should be a splitting of the Crime and Misconduct Commission into two bodies – a Crime Commission and a Police Integrity Commission.”
He said his other concern with the Sippy Downs investigation was the interpretation of the Police Powers Act. He believes it was designed only for public acts like riots.
Ms Dyer said her son's life was put at risk. “Despite what police say it was not a busy road and while he did have a mobile phone, he had no credit,” she said. “With the whole Daniel Morcombe case in the air you'd think they would not just leave him.”
A spokesman for the police union said they had no concerns. “Our business is keeping young people safe when they might not be able to themselves,” he said. “The officers involved acted lawfully and it (letting tyres down) is widespread practice.”
He said every police investigation was overseen by the Ethical Standards Commission and the Crime and Misconduct Commission.
SOURCE
Monday, March 21, 2011
‘WEATHER GIRL’ BLIGH AND COPS DAMAGE DEMOCRACY - AGAIN
The events surrounding the suppression by the Queensland Police Service (QPS) of official footage of the Tasering of a highly-disturbed 17 year old girl in a Toowoomba fish and chip shop last week amounts to a propaganda-like distortion of public information, says former Queensland MP and QPS Academy law lecturer and training sergeant Peter Pyke.
Pyke says the Bligh government is attempting every trick in the book to positively spin the Tasering incident, evidenced by the initial coverup of the incident, the later selective management of who might see the vision of the incident, the quick rush to commend the conduct of the police involved and the continued concealment from public scrutiny of the video footage which he says cannot be supported legally.
“This attempt to put a positive spin on behaviour most might regard as inhumane would make the Former Nazi Information Minister Herman Goebels, who coined the term “propaganda” proud,” Pyke says.
Pyke says that he shares the concerns of former Queensland Corruption Commissioner and Federal Court Judge Tony Fitzgerald QC who found fault with the political process last year in the introduction to a book “The Fitzgerald Legacy: Reforming Public Life in Australia and Beyond”, saying voters are only called on to participate at elections every three years. "Beyond that, the electorate is little more than an audience to a substantially rule-free political contest. "The rights of citizens are largely unprotected by legal constraints on official power which elsewhere are considered a hallmark of democracy."
For a democracy to function, Pyke says, the Media and Civil Society both play an essential and vital function which is to ‘monitor’ the other three branches of government namely; the parliament, the executive and the judiciary. Pyke suggests this monitory function is so important that it should be labelled and elevated to another branch of government namely: ‘The Fourth Branch’.
“The health of a democracy can be measured by how well a government assists or prevents the media and civil society to function,” says Pyke. “Under ‘Weather Girl’ Premier Anna Bligh in Queensland, I say we are witnessing a disturbing control of information about police and other state government agencies far worse than anything I saw during the dark days of the Joh era,” he says.
Pyke says the Toowoomba Taser incident has caught the Bligh Queensland government and top cops out attempting through the Police Service’s Media Unit to suppress and manipulate information about a matter of considerable community disquiet where a highly-agitated 17 year old Toowoomba girl could have been Tasered to death but instead suffered a substantial head injury.
In a communication to selected media last Friday, at 1.00 PM some Brisbane journalists were invited by Police Media to a carefully controlled screening at Police HQ of the video footage shot by one of the three police who initially attended Bernie’s Fish and Chip Shop in Herries Street, Toowoomba CBD on Wednesday night.
The Police Media Unit advised:
“Deputy Commissioner Ross Barnett will brief media this afternoon about a Taser deployment in Toowoomba on Wednesday night. At this briefing, media will be shown body worn camera footage of this incident.
Note: Media will be shown this footage for background purposes. For legal reasons, it cannot be broadcast or released to media at this time.
Pyke says although he has not seen the vision himself, senior Queensland journalists who have spoken to him since the Media Unit showed the vision to them on Friday say the footage is highly confronting and appears to be prima facie evidence that the three male police officers who attended the incident involving the highly-agitated girl attempting ‘suicide-by-cop’ over-reacted.
Pyke says he believes the video footage records that the girl was shot in the chest with the Taser electrodes, which is a direct contravention of manufacturer Taser International’s guidelines.
As reported by Sky News (Source AAP) the vision shows:
“From the moment the three officers arrived, the tension was high and police instantly began shouting at the girl to drop the knife. She was warned more than 10 times and was told she would be shot with a Taser stun gun if she did not do as told. The girl kept on shouting: 'Real gun, real gun. Shoot me with a real gun'. Less than 40 seconds after police arrived, the girl was Tasered. She fell to the floor with a thud and a pool of blood formed around her head. She was later treated by ambulance officers for a head injury. Even when on the ground, the girl kept on pleading to be shot, the footage showed.
[Newly-appointed Deputy Commissioner Ross] Barnett defended the officers and said they followed protocol. Although the girl only appeared to be within a few metres of the officers, Mr Barnett said she was out of pepper-spray range. [Barnett] did not answer questions as to why a baton was not used. He said the officers were acting within police guidelines to use the Taser.”
Pyke says it is his understanding that although the Queensland Police Service Media Unit has refused to release the vision filmed by police at the scene of the Tasering incident to the media and the community - claiming ‘legal reasons’ - he has been told by police the footage has already ‘gone viral’ within police networks and has been available since Friday internally for QPS employees and Police Union members to access and download.
“It is my belief that cops and their networks all over Australia have been selectively granted access to the restricted video footage, while such access to public information is being denied to our most senior academics, citizens, journalists, jurists and legal people,” Pyke says. “That’s clearly wrong.”
As a former police on-street training officer and police academy law lecturer, Pyke says he believes the girl who was Tasered could not possibly be charged with any offence. He says the police video evidence confirms she was suicidal and in a highly disturbed state at the time so is therefore not criminally liable under Queensland law.
Pyke says the Bligh government’s claim that legal reasons require the police footage to be withheld is a lie.
Pyke says the Bligh government is employing concerning double standards, concealment, suppression, spin and lies in it’s attempts to manage the Tasering matter.
Pyke says the Queensland government has nowhere to hide and must now fully release the video footage of the Toowoomba Taser incident to all interested media and to the community.
“I call on premier Anna Bligh, police minister Neil Roberts and police commissioner Bob Atkinson to stop hiding the truth and to come clean by immediately releasing the video footage of the Toowoomba Taser incident last week,” requests Pyke.
“Even in the Joh era when a Rat Pack of corrupt senior former and serving Queensland cops installed their most junior member as commissioner, had a senior cabinet minister amongst their number as well as a ‘killer cop’ operative who murdered at least 20 people did we see such sophisticated and sinister information manipulation and propaganda as we have seen in this last week,” claims Pyke.
Peter Pyke says last week Queensland’s top cops and their Media Unit are operating in a way which damages democracy and says that for the Australian media and civil society to stand by and permit the Bligh government to act as it has and – particularly – to show the Taser video footage in-house and only to selected members of the media must not be tolerated.
Pyke says “The way the Bligh government is handling this incident is a sinister manipulation of public information which – it seems to me - strikes at the heart of our very democracy. I believe such conduct by an Australian state government is so troubling and grave, I call on Academia, Civil Society, the Media, Media Watch, the Media Entertainment and Arts Alliance, the Queensland Crime and Misconduct Commission, the Human Rights Commission, the Queensland Ombudsman and the Australian Senate to thoroughly investigate all aspects of this matter,” Pyke asks.
“It has overtones which take us right back to Nazi Germany in its most scary mode,” he says.
“I call on all Australians who hold democracy dear to carefully analyse these events and to make public comment about them,” he said today.
Above is a press release from Peter Pyke, 0427 388 598, Pykie@republicandemocrats.org.au
The events surrounding the suppression by the Queensland Police Service (QPS) of official footage of the Tasering of a highly-disturbed 17 year old girl in a Toowoomba fish and chip shop last week amounts to a propaganda-like distortion of public information, says former Queensland MP and QPS Academy law lecturer and training sergeant Peter Pyke.
Pyke says the Bligh government is attempting every trick in the book to positively spin the Tasering incident, evidenced by the initial coverup of the incident, the later selective management of who might see the vision of the incident, the quick rush to commend the conduct of the police involved and the continued concealment from public scrutiny of the video footage which he says cannot be supported legally.
“This attempt to put a positive spin on behaviour most might regard as inhumane would make the Former Nazi Information Minister Herman Goebels, who coined the term “propaganda” proud,” Pyke says.
Pyke says that he shares the concerns of former Queensland Corruption Commissioner and Federal Court Judge Tony Fitzgerald QC who found fault with the political process last year in the introduction to a book “The Fitzgerald Legacy: Reforming Public Life in Australia and Beyond”, saying voters are only called on to participate at elections every three years. "Beyond that, the electorate is little more than an audience to a substantially rule-free political contest. "The rights of citizens are largely unprotected by legal constraints on official power which elsewhere are considered a hallmark of democracy."
For a democracy to function, Pyke says, the Media and Civil Society both play an essential and vital function which is to ‘monitor’ the other three branches of government namely; the parliament, the executive and the judiciary. Pyke suggests this monitory function is so important that it should be labelled and elevated to another branch of government namely: ‘The Fourth Branch’.
“The health of a democracy can be measured by how well a government assists or prevents the media and civil society to function,” says Pyke. “Under ‘Weather Girl’ Premier Anna Bligh in Queensland, I say we are witnessing a disturbing control of information about police and other state government agencies far worse than anything I saw during the dark days of the Joh era,” he says.
Pyke says the Toowoomba Taser incident has caught the Bligh Queensland government and top cops out attempting through the Police Service’s Media Unit to suppress and manipulate information about a matter of considerable community disquiet where a highly-agitated 17 year old Toowoomba girl could have been Tasered to death but instead suffered a substantial head injury.
In a communication to selected media last Friday, at 1.00 PM some Brisbane journalists were invited by Police Media to a carefully controlled screening at Police HQ of the video footage shot by one of the three police who initially attended Bernie’s Fish and Chip Shop in Herries Street, Toowoomba CBD on Wednesday night.
The Police Media Unit advised:
“Deputy Commissioner Ross Barnett will brief media this afternoon about a Taser deployment in Toowoomba on Wednesday night. At this briefing, media will be shown body worn camera footage of this incident.
Note: Media will be shown this footage for background purposes. For legal reasons, it cannot be broadcast or released to media at this time.
Pyke says although he has not seen the vision himself, senior Queensland journalists who have spoken to him since the Media Unit showed the vision to them on Friday say the footage is highly confronting and appears to be prima facie evidence that the three male police officers who attended the incident involving the highly-agitated girl attempting ‘suicide-by-cop’ over-reacted.
Pyke says he believes the video footage records that the girl was shot in the chest with the Taser electrodes, which is a direct contravention of manufacturer Taser International’s guidelines.
As reported by Sky News (Source AAP) the vision shows:
“From the moment the three officers arrived, the tension was high and police instantly began shouting at the girl to drop the knife. She was warned more than 10 times and was told she would be shot with a Taser stun gun if she did not do as told. The girl kept on shouting: 'Real gun, real gun. Shoot me with a real gun'. Less than 40 seconds after police arrived, the girl was Tasered. She fell to the floor with a thud and a pool of blood formed around her head. She was later treated by ambulance officers for a head injury. Even when on the ground, the girl kept on pleading to be shot, the footage showed.
[Newly-appointed Deputy Commissioner Ross] Barnett defended the officers and said they followed protocol. Although the girl only appeared to be within a few metres of the officers, Mr Barnett said she was out of pepper-spray range. [Barnett] did not answer questions as to why a baton was not used. He said the officers were acting within police guidelines to use the Taser.”
Pyke says it is his understanding that although the Queensland Police Service Media Unit has refused to release the vision filmed by police at the scene of the Tasering incident to the media and the community - claiming ‘legal reasons’ - he has been told by police the footage has already ‘gone viral’ within police networks and has been available since Friday internally for QPS employees and Police Union members to access and download.
“It is my belief that cops and their networks all over Australia have been selectively granted access to the restricted video footage, while such access to public information is being denied to our most senior academics, citizens, journalists, jurists and legal people,” Pyke says. “That’s clearly wrong.”
As a former police on-street training officer and police academy law lecturer, Pyke says he believes the girl who was Tasered could not possibly be charged with any offence. He says the police video evidence confirms she was suicidal and in a highly disturbed state at the time so is therefore not criminally liable under Queensland law.
Pyke says the Bligh government’s claim that legal reasons require the police footage to be withheld is a lie.
Pyke says the Bligh government is employing concerning double standards, concealment, suppression, spin and lies in it’s attempts to manage the Tasering matter.
Pyke says the Queensland government has nowhere to hide and must now fully release the video footage of the Toowoomba Taser incident to all interested media and to the community.
“I call on premier Anna Bligh, police minister Neil Roberts and police commissioner Bob Atkinson to stop hiding the truth and to come clean by immediately releasing the video footage of the Toowoomba Taser incident last week,” requests Pyke.
“Even in the Joh era when a Rat Pack of corrupt senior former and serving Queensland cops installed their most junior member as commissioner, had a senior cabinet minister amongst their number as well as a ‘killer cop’ operative who murdered at least 20 people did we see such sophisticated and sinister information manipulation and propaganda as we have seen in this last week,” claims Pyke.
Peter Pyke says last week Queensland’s top cops and their Media Unit are operating in a way which damages democracy and says that for the Australian media and civil society to stand by and permit the Bligh government to act as it has and – particularly – to show the Taser video footage in-house and only to selected members of the media must not be tolerated.
Pyke says “The way the Bligh government is handling this incident is a sinister manipulation of public information which – it seems to me - strikes at the heart of our very democracy. I believe such conduct by an Australian state government is so troubling and grave, I call on Academia, Civil Society, the Media, Media Watch, the Media Entertainment and Arts Alliance, the Queensland Crime and Misconduct Commission, the Human Rights Commission, the Queensland Ombudsman and the Australian Senate to thoroughly investigate all aspects of this matter,” Pyke asks.
“It has overtones which take us right back to Nazi Germany in its most scary mode,” he says.
“I call on all Australians who hold democracy dear to carefully analyse these events and to make public comment about them,” he said today.
Above is a press release from Peter Pyke, 0427 388 598, Pykie@republicandemocrats.org.au
Saturday, March 19, 2011
Crooked Queensland cops escaping justice
A new "Fitzgerald" enquiry needed?
ONE definition of a pattern is "a consistent, characteristic form, style, or method" ... but anyone - police officer or civilian - looking for a discernible pattern in recent high-profile disciplinary cases in Queensland is entitled to feel disappointed and confused.
Consider two cases.
Five cops reportedly a sergeant and constables pose with a woman who flashes her breasts during the Valley Fiesta. Common element: Stupidity. Time for resolution: Six months. Penalty: Fines or pay cuts ranging from $5000 to $15,000 a year.
Six senior police, ranging from sergeant up to inspector, are accused of a cover-up at worst or procedural bumbling at best during investigations into an explosive death in custody on Palm Island. Common elements: Alleged unprofessionalism, lack of judgment and arrogance. Time for resolution: seven years. Penalty: None.
It is difficult not to wonder whether the worse the offence, the greater the potential for embarrassment and the more highly ranked the participants, the lighter the penalty in the police service.
This is the sort of hole in which the Queensland Police Service finds itself after its failure to take action against those officers whose performance helped ensure that the sorry death of Cameron (Mulrunji) Doomadgee turned into an endless saga of unresolved questions and broken trust.
That the investigation into Mulrunji's death (and the subsequent review) was so badly run and the case has taken so long to come to such a miserable conclusion is bad enough.
That the QPS is under suspicion because its own investigation into its own people revealed nothing actionable is predictable.
That there are growing doubts about the Crime and Misconduct Commission's ability to play a meaningful, constructive and timely oversight role is appalling.
That there is a breakdown between the CMC and the QPS is disturbing.
That five junior cops who demonstrated little more than naivety when confronted with an exhibitionist should be financially savaged while six experienced and relatively high-ranking officers facing infinitely more serious allegations should suffer nothing more than the indignity of "managerial guidance" is an affront to fair play.
The conflicting opinions of retiring Deputy Commissioner Kathy Rynders and CMC chairman Martin Moynihan available online will kill an hour or two but resolve little.
If it weren't so serious, it would be laughable. Moynihan and Rynders are still lobbing insults over the net. Moynihan remains astounded that no charges were laid; Rynders could find none to lay.
However, the police performance following Mulrunji's death was not what reasonable people would expect from experienced and streetwise officers. Events speak for themselves.
For some to claim that their behaviour (and perceptions of cosiness with those under investigation) was the harmless result of logistical realities is fairly rich given the same people saw bias in the fact that original coroner Michael Barnes had a beer with a lawyer.
Leaving aside Mulrunji and senior sergeant (now Acting Inspector) Chris Hurley, who was cleared of responsibility for his death, this case is indelibly marked by the serial failure of police and the CMC to bring any sort of closure or to deliver what most people would see as justice.
Half the world has probably given up on anything approaching justice in the Palm Island affair and the other half has joined Police Commissioner Bob Atkinson in wanting to "move on".
But it is difficult to move on when a dilatory investigation and a feeble response by the police service and a petulant CMC role leave us with the feeling the disciplinary procedure is slow to react, inconsistent and verging on the out of control.
That uneasy suspicion seems confirmed by inconsistency in several other cases: The nude runners from the Special Emergency Response Team, who copped Magistrate's Court and police service fines, suspensions and demotions; the lack of recorded action against police involved in a Queen St fracas that led to one officer receiving a court fine for assault; and the lack of public accountability for officers who remained silent while Senior Constable Benjamin Price was bashing people at Airlie Beach.
Police believe they are victimised and hamstrung by unrealistic expectations and petty oversight, while other citizens see their concerns ignored in an unedifying and legalistic spat between the police service and the CMC.
This is rapidly turning from an administrative dogfight into a pressing issue demanding a political response.
SOURCE
A new "Fitzgerald" enquiry needed?
ONE definition of a pattern is "a consistent, characteristic form, style, or method" ... but anyone - police officer or civilian - looking for a discernible pattern in recent high-profile disciplinary cases in Queensland is entitled to feel disappointed and confused.
Consider two cases.
Five cops reportedly a sergeant and constables pose with a woman who flashes her breasts during the Valley Fiesta. Common element: Stupidity. Time for resolution: Six months. Penalty: Fines or pay cuts ranging from $5000 to $15,000 a year.
Six senior police, ranging from sergeant up to inspector, are accused of a cover-up at worst or procedural bumbling at best during investigations into an explosive death in custody on Palm Island. Common elements: Alleged unprofessionalism, lack of judgment and arrogance. Time for resolution: seven years. Penalty: None.
It is difficult not to wonder whether the worse the offence, the greater the potential for embarrassment and the more highly ranked the participants, the lighter the penalty in the police service.
This is the sort of hole in which the Queensland Police Service finds itself after its failure to take action against those officers whose performance helped ensure that the sorry death of Cameron (Mulrunji) Doomadgee turned into an endless saga of unresolved questions and broken trust.
That the investigation into Mulrunji's death (and the subsequent review) was so badly run and the case has taken so long to come to such a miserable conclusion is bad enough.
That the QPS is under suspicion because its own investigation into its own people revealed nothing actionable is predictable.
That there are growing doubts about the Crime and Misconduct Commission's ability to play a meaningful, constructive and timely oversight role is appalling.
That there is a breakdown between the CMC and the QPS is disturbing.
That five junior cops who demonstrated little more than naivety when confronted with an exhibitionist should be financially savaged while six experienced and relatively high-ranking officers facing infinitely more serious allegations should suffer nothing more than the indignity of "managerial guidance" is an affront to fair play.
The conflicting opinions of retiring Deputy Commissioner Kathy Rynders and CMC chairman Martin Moynihan available online will kill an hour or two but resolve little.
If it weren't so serious, it would be laughable. Moynihan and Rynders are still lobbing insults over the net. Moynihan remains astounded that no charges were laid; Rynders could find none to lay.
However, the police performance following Mulrunji's death was not what reasonable people would expect from experienced and streetwise officers. Events speak for themselves.
For some to claim that their behaviour (and perceptions of cosiness with those under investigation) was the harmless result of logistical realities is fairly rich given the same people saw bias in the fact that original coroner Michael Barnes had a beer with a lawyer.
Leaving aside Mulrunji and senior sergeant (now Acting Inspector) Chris Hurley, who was cleared of responsibility for his death, this case is indelibly marked by the serial failure of police and the CMC to bring any sort of closure or to deliver what most people would see as justice.
Half the world has probably given up on anything approaching justice in the Palm Island affair and the other half has joined Police Commissioner Bob Atkinson in wanting to "move on".
But it is difficult to move on when a dilatory investigation and a feeble response by the police service and a petulant CMC role leave us with the feeling the disciplinary procedure is slow to react, inconsistent and verging on the out of control.
That uneasy suspicion seems confirmed by inconsistency in several other cases: The nude runners from the Special Emergency Response Team, who copped Magistrate's Court and police service fines, suspensions and demotions; the lack of recorded action against police involved in a Queen St fracas that led to one officer receiving a court fine for assault; and the lack of public accountability for officers who remained silent while Senior Constable Benjamin Price was bashing people at Airlie Beach.
Police believe they are victimised and hamstrung by unrealistic expectations and petty oversight, while other citizens see their concerns ignored in an unedifying and legalistic spat between the police service and the CMC.
This is rapidly turning from an administrative dogfight into a pressing issue demanding a political response.
SOURCE
Tuesday, March 15, 2011
Queensland's police whitewash tribunal lives on
Queensland's policecomplaints whitewash tribunal of the Joh era was notorious and was finally closed down by the Fitzgerald enquiry -- but the cops have found a way to re-create it
THE failure of police to conduct a proper investigation into the 2004 death of Palm Islander Mulrunji Doomadgee at the hand of a veteran policeman will not lead to disciplinary charges, with Queensland's anti-corruption watchdog powerless to take court action against any of the officers involved.
Crime and Misconduct commissioner Martin Moynihan QC will today announce he is unable to challenge a decision by the Queensland Police Service to reject the watchdog's recommendation for disciplinary action against six officers involved in the now discredited investigations.
The decision of police Deputy Commissioner Kathy Rynders to reject the CMC's recommendations and instead find that the officers face only "managerial guidance" is understood to have created a legal loophole that prevents a court appeal. The CMC can seek to overturn the decision only if it is in the formal police disciplinary process.
Civil liberties lawyers last night called for an independent review of the police disciplinary process in Queensland. "The police complaints system has broken down," Australian Council of Civil Liberties president Terry O'Gorman said. "The need is exemplified by the fact that it has taken six years and still it is unresolved as to whether the circumstances of Mr Doomadgee's death was properly investigated."
Mr Moynihan last year warned charges would be filed directly in Queensland's Civil and Administrative Tribunal against the six officers if he was unsatisfied with the response of Police Commissioner Bob Atkinson to a CMC report into the watchhouse death. The damning report echoed the findings of Deputy State Coroner Christine Clements in slamming the initial investigation as lacking "transparency, objectivity and independence".
The CMC said Mr Atkinson needed to take responsibility for a "corrosive culture" that led to the "seriously flawed" Doomadgee investigation, and several other high-profile misconduct cases.
It recommended four officers -- who led the investigation -- face disciplinary action for alleged misconduct, with the two senior officers -- handpicked by Mr Atkinson to review the initial investigation -- also face disciplinary action.
After a series of court challenges about the report, Ms Rynders reported to the CMC in January rejecting the disciplinary recommendations and finding that the officers should only receive "managerial guidance". That decision cannot be challenged.
Doomadgee's violent death, within an hour of being arrested for public nuisance by Palm Island police boss Senior Sergeant Chris Hurley, sparked riots during which the police station servicing the Aboriginal community off Townsville was burnt down. Sergeant Hurley was acquitted in 2007 of Doomadgee's manslaughter.
SOURCE
Queensland's police
THE failure of police to conduct a proper investigation into the 2004 death of Palm Islander Mulrunji Doomadgee at the hand of a veteran policeman will not lead to disciplinary charges, with Queensland's anti-corruption watchdog powerless to take court action against any of the officers involved.
Crime and Misconduct commissioner Martin Moynihan QC will today announce he is unable to challenge a decision by the Queensland Police Service to reject the watchdog's recommendation for disciplinary action against six officers involved in the now discredited investigations.
The decision of police Deputy Commissioner Kathy Rynders to reject the CMC's recommendations and instead find that the officers face only "managerial guidance" is understood to have created a legal loophole that prevents a court appeal. The CMC can seek to overturn the decision only if it is in the formal police disciplinary process.
Civil liberties lawyers last night called for an independent review of the police disciplinary process in Queensland. "The police complaints system has broken down," Australian Council of Civil Liberties president Terry O'Gorman said. "The need is exemplified by the fact that it has taken six years and still it is unresolved as to whether the circumstances of Mr Doomadgee's death was properly investigated."
Mr Moynihan last year warned charges would be filed directly in Queensland's Civil and Administrative Tribunal against the six officers if he was unsatisfied with the response of Police Commissioner Bob Atkinson to a CMC report into the watchhouse death. The damning report echoed the findings of Deputy State Coroner Christine Clements in slamming the initial investigation as lacking "transparency, objectivity and independence".
The CMC said Mr Atkinson needed to take responsibility for a "corrosive culture" that led to the "seriously flawed" Doomadgee investigation, and several other high-profile misconduct cases.
It recommended four officers -- who led the investigation -- face disciplinary action for alleged misconduct, with the two senior officers -- handpicked by Mr Atkinson to review the initial investigation -- also face disciplinary action.
After a series of court challenges about the report, Ms Rynders reported to the CMC in January rejecting the disciplinary recommendations and finding that the officers should only receive "managerial guidance". That decision cannot be challenged.
Doomadgee's violent death, within an hour of being arrested for public nuisance by Palm Island police boss Senior Sergeant Chris Hurley, sparked riots during which the police station servicing the Aboriginal community off Townsville was burnt down. Sergeant Hurley was acquitted in 2007 of Doomadgee's manslaughter.
SOURCE
Monday, March 7, 2011
More police aggression during S.E. Queensland floods
Ask Atum Weber what happened to his face and he replies, "I was mugged by the Queensland Police". Mr Weber, 40, a resident of Bardon, and another friend, Scott Cooper, 38, a Sunshine Coast father of three, said they were surprised by a group of police officers while taking a late-night stroll through the flood affected area of Rosalie in the early hours of Thursday 13 January.
Mr Weber claimed police choked him to the point of unconsciousness, punched him in the kidneys repeatedly and slammed his face into the concrete footpath more than seven times during a half hour ordeal before being taken to the Brisbane City Watchhouse and being charged with 'resisting arrest' and 'assaulting a police officer'.
Mr Cooper said he was punched in the face by a senior officer after calling out for assistance. He was later charged with two counts of 'obstructing police'.
The two men and another female friend had driven to the area to check out the floodwaters after an evening spent socialising with friends. They had decided like hundreds of other 'rubberneckers' to take a look at the large pool of floodwater which inundated Nash St, the main shopping strip in the inner-western suburb of Rosalie. "We, weren't drunk, we were sober, calm – just having a good time," Mr Weber said.
"We looked at the water and talked to the cop (stationed near the flood water). It was all good, no problem, so we thought let's go home now. As I was walking along the footpath I came to a treed area (at the corner of Nash and Beck Streets) and then out of the shadows, because it was all dark, somebody grabs me," he said.
Mr Weber said he wasn't aware that the figures were police until after they had begun the alleged attack. "I was just freaked out. People were grabbing me and I say 'Can you remove your hands from me, you are assaulting me', and they go 'This isn't assault mate.' By this time I saw they were police, but I didn't really believe they were doing this without introducing themselves or without questioning us or anything else," he said.
“I moved towards a tree or a post or something, and I grabbed it because I didn't want to be hurt, so we could negotiate. I'm going 'What's going on? What do you want?'
"They kept saying 'Shut up' and 'Stop resisting'. Then this male officer pulls my hair back from behind, a big guy, and puts this forearm choke-hold straight across (points to throat) and I could tell right away he had effectively applied a choke, because it cut off blood supply to my brain, I could feel it right away, and within a few short seconds I lost consciousness."
Mr Cooper also said he didn't know who the figures shining torches who emerged from the shadow of the trees were. "There were torches and there were people and I couldn't honestly say whether they said police or not but the next thing I know they had Atum on the ground and were beating him," Mr Cooper said.
Mr Weber described coming to face first on the concrete with his hands cuffed behind his back with several officers pinning him down, with one punching him repeatedly in the kidneys.
He said he tried instinctively to stand up, which caused the officers to bend his wrists back and pull his arms upwards, causing him "extreme pain", before grabbing by the hair and pummelling his face into the ground.
"Somebody pulled my head back, while they had their knee on my back, then smashed my head into the concrete, pulling it back and smashing it repeatedly. There was also a continued rain of blows to my kidneys," he said.
Mr Weber said he had his head smashed into the ground between seven and ten times in two lots of blows by a female officer, once after trying to get up and the other when he failed to supply his name. "When she asked my name and I said 'Please, just remove the pain and I'll be able to tell you my name, I'll tell you anything you want' she goes 'Your wasting my time, tell me your fucking name!' and then she started smashing my head into the pavement some more," he said.
Mr Weber said he was kept on the ground for around 15 to 20 minutes before eventually being thrown roughly into a paddy wagon along with Mr Cooper.
Mr Weber said he plead constantly during his ordeal with the officers to stop hurting him, even asking his friend Mr Cooper, who had by this time been detained with his hands cuffed, for help. "I was sitting on the ground with my hands cuffed behind my back while Atum's being assaulted. I counted at least nine police in the group," Mr Cooper said.
"He's saying 'Scott, they're hurting me.' I told him 'I can't help you Atum, they've got me in cuffs...' I wanted to do something so I started yelling out 'Help, help, we're being assaulted!' "They told me to shut up or I'd wake the neighbours. I said 'Yeah exactly...' and yelled twice as loud 'Help, help, we're being assaulted by the Queensland Police!'"
Mr Cooper said that after yelling this that a senior officer leant down and punched him "right in the face."
Both the men said they were astonished by how agressive and "amped up" the police were, with Mr Weber speculating the alleged beatings may have been some sort of "vengeance deal" for him asking an officer they encountered earlier to show his ID.
Mr Weber said they first encountered a police officer as they turned the corner of the sidestreet they had parked on and heading towards the flooded area. "When we had gotten out of the car and turned the corner there was a man shining his torch, it turns out he was a police officer but we couldn't see anything because it was completely dark," Mr Weber said.
"I think my friend (Mr Cooper) said, 'Can you show me your ID?' It might be an unusual thing to say to the police, but that's what he said. Then the guy showed him his ID and walked off."
"Someone was shining a torch into our eyes and as far as I remember he said 'Police'. It was very dark as the streetlights were out so I asked him to show me some ID. He flashed his torch at his ID on his belt, then there was a strange pause and he walked off," Mr Cooper said. "Later on after I'd been punched one (police officer) came up shining his torch in my face and said 'Remember me dickhead?' "Then he shone his torch on his face and said something like 'I'm the officer you saw before. Not so smart now are you?'"
Queensland Police released a statement on Tuesday saying that the trio were "behaving aggressively" towards the "lone police officer". "Additional police attended and consequently two men were arrested for obstructing police. Whilst one of the men was handcuffed he assaulted a female police officer," the statement said. [Very likely!]
Mr Cooper posted a note on Facebook last Thursday detailing the allegations of abuse. He said since then a lot of people have raised the possibility that the police mistook them for looters, one he denies. "At no stage did anyone mention anything about looting. We were carrying no bags, we didn't have torches and the police found nothing illegal on us," he said.
The pair will face court in February.
SOURCE
Ask Atum Weber what happened to his face and he replies, "I was mugged by the Queensland Police". Mr Weber, 40, a resident of Bardon, and another friend, Scott Cooper, 38, a Sunshine Coast father of three, said they were surprised by a group of police officers while taking a late-night stroll through the flood affected area of Rosalie in the early hours of Thursday 13 January.
Mr Weber claimed police choked him to the point of unconsciousness, punched him in the kidneys repeatedly and slammed his face into the concrete footpath more than seven times during a half hour ordeal before being taken to the Brisbane City Watchhouse and being charged with 'resisting arrest' and 'assaulting a police officer'.
Mr Cooper said he was punched in the face by a senior officer after calling out for assistance. He was later charged with two counts of 'obstructing police'.
The two men and another female friend had driven to the area to check out the floodwaters after an evening spent socialising with friends. They had decided like hundreds of other 'rubberneckers' to take a look at the large pool of floodwater which inundated Nash St, the main shopping strip in the inner-western suburb of Rosalie. "We, weren't drunk, we were sober, calm – just having a good time," Mr Weber said.
"We looked at the water and talked to the cop (stationed near the flood water). It was all good, no problem, so we thought let's go home now. As I was walking along the footpath I came to a treed area (at the corner of Nash and Beck Streets) and then out of the shadows, because it was all dark, somebody grabs me," he said.
Mr Weber said he wasn't aware that the figures were police until after they had begun the alleged attack. "I was just freaked out. People were grabbing me and I say 'Can you remove your hands from me, you are assaulting me', and they go 'This isn't assault mate.' By this time I saw they were police, but I didn't really believe they were doing this without introducing themselves or without questioning us or anything else," he said.
“I moved towards a tree or a post or something, and I grabbed it because I didn't want to be hurt, so we could negotiate. I'm going 'What's going on? What do you want?'
"They kept saying 'Shut up' and 'Stop resisting'. Then this male officer pulls my hair back from behind, a big guy, and puts this forearm choke-hold straight across (points to throat) and I could tell right away he had effectively applied a choke, because it cut off blood supply to my brain, I could feel it right away, and within a few short seconds I lost consciousness."
Mr Cooper also said he didn't know who the figures shining torches who emerged from the shadow of the trees were. "There were torches and there were people and I couldn't honestly say whether they said police or not but the next thing I know they had Atum on the ground and were beating him," Mr Cooper said.
Mr Weber described coming to face first on the concrete with his hands cuffed behind his back with several officers pinning him down, with one punching him repeatedly in the kidneys.
He said he tried instinctively to stand up, which caused the officers to bend his wrists back and pull his arms upwards, causing him "extreme pain", before grabbing by the hair and pummelling his face into the ground.
"Somebody pulled my head back, while they had their knee on my back, then smashed my head into the concrete, pulling it back and smashing it repeatedly. There was also a continued rain of blows to my kidneys," he said.
Mr Weber said he had his head smashed into the ground between seven and ten times in two lots of blows by a female officer, once after trying to get up and the other when he failed to supply his name. "When she asked my name and I said 'Please, just remove the pain and I'll be able to tell you my name, I'll tell you anything you want' she goes 'Your wasting my time, tell me your fucking name!' and then she started smashing my head into the pavement some more," he said.
Mr Weber said he was kept on the ground for around 15 to 20 minutes before eventually being thrown roughly into a paddy wagon along with Mr Cooper.
Mr Weber said he plead constantly during his ordeal with the officers to stop hurting him, even asking his friend Mr Cooper, who had by this time been detained with his hands cuffed, for help. "I was sitting on the ground with my hands cuffed behind my back while Atum's being assaulted. I counted at least nine police in the group," Mr Cooper said.
"He's saying 'Scott, they're hurting me.' I told him 'I can't help you Atum, they've got me in cuffs...' I wanted to do something so I started yelling out 'Help, help, we're being assaulted!' "They told me to shut up or I'd wake the neighbours. I said 'Yeah exactly...' and yelled twice as loud 'Help, help, we're being assaulted by the Queensland Police!'"
Mr Cooper said that after yelling this that a senior officer leant down and punched him "right in the face."
Both the men said they were astonished by how agressive and "amped up" the police were, with Mr Weber speculating the alleged beatings may have been some sort of "vengeance deal" for him asking an officer they encountered earlier to show his ID.
Mr Weber said they first encountered a police officer as they turned the corner of the sidestreet they had parked on and heading towards the flooded area. "When we had gotten out of the car and turned the corner there was a man shining his torch, it turns out he was a police officer but we couldn't see anything because it was completely dark," Mr Weber said.
"I think my friend (Mr Cooper) said, 'Can you show me your ID?' It might be an unusual thing to say to the police, but that's what he said. Then the guy showed him his ID and walked off."
"Someone was shining a torch into our eyes and as far as I remember he said 'Police'. It was very dark as the streetlights were out so I asked him to show me some ID. He flashed his torch at his ID on his belt, then there was a strange pause and he walked off," Mr Cooper said. "Later on after I'd been punched one (police officer) came up shining his torch in my face and said 'Remember me dickhead?' "Then he shone his torch on his face and said something like 'I'm the officer you saw before. Not so smart now are you?'"
Queensland Police released a statement on Tuesday saying that the trio were "behaving aggressively" towards the "lone police officer". "Additional police attended and consequently two men were arrested for obstructing police. Whilst one of the men was handcuffed he assaulted a female police officer," the statement said. [Very likely!]
Mr Cooper posted a note on Facebook last Thursday detailing the allegations of abuse. He said since then a lot of people have raised the possibility that the police mistook them for looters, one he denies. "At no stage did anyone mention anything about looting. We were carrying no bags, we didn't have torches and the police found nothing illegal on us," he said.
The pair will face court in February.
SOURCE
Monday, February 21, 2011
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
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
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.
SOURCE
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
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