Former criminal and his brother desperate to join the police force

The Sunday Mail August 15, 2010


ONE is fighting to become a police officer despite six failed attempts and serving six months in jail for theft. The other is fighting to stay an officer after it took him nine goes to get into the force.

Meet the Cuttler brothers two Queenslanders with a dream to be boys in blue.

Jason Shane Cuttler made the force in 2002 after nine applications and taking Supreme Court legal action.

He spent several years as a probationary constable after being demoted for alleged disciplinary breaches. Now dismissed, Jason is fighting to get back into the police service.

His brother Mark William Cuttler, a convicted thief, who spent six months in jail, has won the right to be considered for the Queensland Police Service. He launched legal action against the police in the Supreme Court after they rejected his sixth application to become a police recruit on October 3, 2007.

Documents lodged in the court reveal police said Mark had failed the integrity test required of police recruits by stealing more than $24,000 from Armaguard while working as a security guard in 1996.

He was sentenced to 2 and a half years' jail, suspended after six months. In rejecting his application, the police also pointed out his 11 traffic infringements, including losing his licence on points, and being declared bankrupt for seven months.

But in making his application to the court, Mark argued police had failed to take into account his good character since the stealing charges, the extra training he had completed, including first aid and a TAFE diploma in justice administration, and his work history.

In his application to the QPS, Mark includes time working at the Holland Park Magistrates Court, Queensland Building Tribunal, 10 years as a taxi driver and tow truck operator and most recently as a local laws officer for Brisbane City Council.

Mark also claimed to have completed work experience at the Red Hill Police Station just months before he was charged with stealing. He also lists then-Queensland Police Assistant Commissioner George Nolan as a referee.

But a search of the court documents reveal Mark's time at the Magistrates Court and Building Tribunal was while he was completing work-for-the-dole, and a police spokeswoman said Mr Nolan knows nothing about him.

A report to the Ethical Standards Branch, included in the court documents, says: ``The multiplicity and nature of the applicant's criminal convictions should exclude the application under integrity assessment guidelines.''

Upon his application, Inspector Phil Barrett wrote to Mr Cuttler: ``It has been determined that you are permanently excluded from employment as a police recruit.''

But the court found a bungle involving just one word meant the wrong person had refused Mr Cuttler's application.

Justice David Boddice found on August 6 that Mr Cuttler's application to become a recruit should be reconsidered by police because the decision not to further examine his application was made by Insp Barrett, manager of the human resource management branch, rather than (as required by QPS rules) the manager of the development branch.

Mark's lawyer Simon Tolhurst said his client had won the right to be properly treated by the police recruitment system.

Meanwhile, Jason lodged paperwork earlier this month seeking permission to appeal his dismissal but refused to comment until his court action was concluded.