Excessive force complaints not investigated, claims CCC inspector

June 15, 2011

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JUST one in every 400 complaints against police for excessive force is investigated, according to Corruption and Crime Commission figures.

The State's CCC Inspector Chris Steytler told a parliamentary committee today that the findings were alarming.

Mr Steytler, the CCC's parliamentary inspector, is putting together a report on the use of excessive force by officers.

He said the vast majority of complaints made to police were sent back to police for investigation.

He said in the last two years there had been 381 complaints about excessive force, however only one was investigated by the CCC.

"I appreciate the commission has difficulty with funding and priorities ... but that's by any standard an alarming statistic,'' Mr Steytler said.

"In my experience, in some of those cases, at least three that I'm aware of have been serious cases. I think it's an unacceptable situation and if funding is the problem, the commission needs to be better funded.''

The parliamentary inspector warned the step would compromise the CCC's independence at a time where there was already concern that serious complaints against police weren't being independently investigated.

Mr Steytler spoke against a proposed shift in the CCC's role from investigating corruption in the public service to organised crime.

''(There will be an) inherent conflict of interest in detecting wrongdoing by police, because increasingly its core function becomes those of crime fighter,'' Mr Steytler said.

"It is that role requiring it to work closely with police that could potentially compromise the commission's independence.''

The parliamentary committee is specifically looking into the CCC's use of public hearings following the suicide of a witness last year.

Mr Steytler said it should be a rare for public interest in a matter to outweigh the potential for prejudice and privacy interests.

"Experience shows reputation can be far more damaged than rehabilitated,'' he said.

"It would be a triumph of optimism that (the CCC Act) provides an adequate mechanism for rehabilitation.''

He called for the CCC legislation to be amended so the commission could consider the reputation and safety of witnesses when deciding whether hearings should be public or private.

Mr Steytler criticised the CCC for taking an "all or nothing'' approach in the Smith's Beach investigation of government dealings involving politicians-turn-lobbyist Brian Burke and Julian Grill.

'Rogue' police allowed to stay on force

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June 02, 2011

THE police complaints system is ineffective, the Office of Police Integrity says.

One officer who twice attacked members of the public was allowed to continue serving, only to bash a third person.

The OPI report tabled in Parliament also shows violent or corrupt police have been exploiting loopholes in the system to remain in the force.

More than 200 police officers were disciplined last year compared with 45 in 2005.

But there were only four sackings from 102 formal disciplinary hearings last year.

Forty officers either resigned or retired while being investigated, with 87 placed on good behaviour bonds.

Chief Commissioner Simon Overland's attempts to expand disciplinary powers have been blocked by the Government.

A recent report in the Herald Sun showed rogue police were breaking the law at a rate of one a week. Offences ranged from assaults to burglary, child pornography and drug offences.

The report highlighted the poor processes in the case of a senior constable who kicked a criminal in custody and was given only a "tick in the box" reprimand in 2007. Last year he was given a suspended jail sentence after being charged with a third violent assault.The report shows while there had been some improvements, complainants' satisfaction with the process was still low.

"Further work needs to be done to ensure the reforms are fully implemented and achieve sustained cultural change," OPI director Michael Strong said.

This, the third OPI report in four years, criticises Victoria Police's failure to follow a recommendation in 2007 to begin disciplinary action against staff even if a case is before the courts.

A Herald Sun report found 373 suspended officers were paid more than $15 million in a decade. In one case a police officer the OPI concluded had engaged in corrupt behaviour was merely transferred to another position.

In a letter to the OPI, Mr Overland warned legislative changes were needed if long-term reform was to be achieved.

But the Coalition has consistently said any plans to change the Police Regulations Bill were doomed.

Law kept very busy busting bad cops

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April 14, 2011

THEY have sworn to uphold the law, but one criminal charge is laid against a police officer every week. New police data shows 21 charges, including drink driving and assault, have been laid against police since January -- an increase of six on the same period last year.

It also shows a total of 69 charges in 2010, with 33 laid between May and August.

Among officers to have fallen foul of the law recently is Sergeant Darren McCaughey, who was caught driving more than three times over the legal alcohol limit in Manly.

Constable Steve Phillip Jansen was last month charged with allegedly accepting bribes from an accused drug dealer and leaking police reports.

Assistant Commissioner Paul Carey, the Professional Standards Command boss, said the number of charges against officers was down from about 133 in 2007.

He said most charges involved misconduct while off-duty and "are similar to the sorts of things that the community might be involved in".

"It's alcohol-related behaviour which might be violence or assaults or drink driving. It's behaviour in relation to relationships, so it's about domestic or personal violence or neighbours," he said.

"In all of those circumstances I am disappointed, but I am not surprised. I am not naive enough to think that it's not going to happen."

Mr Carey said corruption had decreased significantly since the Wood royal commission in the mid-1990s, but serious criminal offences and corruption were still found within the police force.

About 5500 complaints are made against police every year. More than 50 per cent come from within the force, including tip-offs from officers, audits and compliance checks.

Of these, about 4500 were minor, such as rudeness.

NSW cop charged with corruption

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June 01, 2011

A NSW detective has been charged with corruption after allegedly giving confidential police information to criminals.

The male senior constable, who is attached to a specialist command, was arrested just after 11.30am (AEST) today on the NSW north coast, police said.

A number of related search warrants were also carried out, with police seizing substances believed to be steroids.

Police will allege the detective senior constable had dealings with a number of criminal associates, to whom he provided confidential police information.

The 39-year-old officer has been charged with corruption, disclosure of personal information and two counts each of misconduct and unauthorised access of restricted data.

He was granted conditional bail to appear at Coffs Harbour Local Court on June 27.

Inquiries by officers from the Professional Standards Command are continuing, police said.

Queensland cop suspended over motorbike incident

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A QUEENSLAND cop who raced away from NSW police when they tried to pull him over while he was riding his motorbike has been stood down.

It is believed the incident involving the 42-year-old constable happened in 2009 and that he subsequently lied to investigators about the matter.

The officer is from the south east police region, which takes in the Gold Coast, Logan and Coomera.

It is another blow to the reputation of Queensland police, coming just three days after another officer was stood down.

Last Saturday, a constable from the north coast region was suspended for allegedly committing a domestic violence offence whilst off duty.

"No further details are able to be released at this time as his alleged actions are currently subject to an ongoing internal disciplinary investigation," a QPS statement read.

Both officers can appeal the decisions but neither has the backing of the Queensland Police Union which was criticised earlier this year for routinely defending "indefensible" actions by some officers.

"We are not representing either officer in these matters," a QPU spokesman said.

Darwin cop denies fraud

May 19th, 2011

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THE lawyer for a police superintendent accused of fraud said she was not committing a criminal offence by using a corporate credit card to pay for her sister's carpark.

Darwin Superintendent Nouvelle Denise Reed, is facing six charges of obtaining property by deception and making false claims worth $667.

It is alleged Supt Reed used a corporate credit card and petty cash to pay for seven months of inner-city car parking for her sister, Selina Kliendienst, a police administration assistant.

Supt Reed is also accused of using a corporate credit card to buy a cap for $16.95 and then falsely claiming the expense as fuel.

In Darwin Magistrates Court Supt Reed's lawyer Peter Elliott argued there was no law stating she could not purchase a carpark for a police administration assistant.

"A lot of the witnesses said they would under no circumstances approve it because it is against policy. That is irrelevant, because it does not make criminal what is not criminal," he said.

The case was adjourned for prosecuting lawyer Elisabeth Armitage to prepare her written submissions.

Police officers' zeal was illegal, court says

May 21, 2011 12:00AM

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A FORMER policewoman sobbed and clutched her ex-cop boyfriend's arm in court yesterday as the pair was sentenced for fabricating evidence after an illegal search and covering up their conduct.

Sharon Lucas and Michael Jason Cox were given suspended jail sentences following the October 2008 incident in Wagga Wagga.

Cox was given a two-year suspended jail term, and Lucas 18 months, after District Court Judge Paul Lakatos found they had let their "zeal overcome their better judgment".

Both had pleaded guilty to fabricating evidence with intent to mislead a judicial tribunal, while Cox had admitted to an additional charge of officer neglecting his duty.

The pair and two other officers, Peter Robert Fletcher and Andrew John Brookes, were involved in the illegal search of a suspected thief's home, after they allegedly found keys to the property in a wallet belonging to the suspected thief.

Cox put through a bogus police radio call in an attempt to justify his actions, while another unidentified officer allegedly took a bag of drugs into the suspect's home, planting it there.

The court heard of a covertly recorded telephone call in which the various police officers discussed meeting up for a beer to make sure their statements reflected the same story - to "make sure we're kosher", one allegedly said.

The pair was arrested in early 2009. Judge Lakatos said he accepted the criminal behaviour wasn't planned and was reasonably spontaneous, but said they had "displayed no insight into the illegality involved" in their conduct.

"In my view that fact raises questions [about police education and training]," he said.

The judge expressed some concern that there was a "culture which justifies improper conduct" within the NSW police force, and even mid-ranking officers were unaware of their responsibilities.

However, he said that was a matter for the hierarchy of the NSW Police Force.

Despite initially thinking their expressions of remorse might be "self-serving", Judge Lakatos said he ultimately believed those who knew them best could appreciate that they were genuine.

"The likelihood of reoffending is nil or minimal," he said.

The pair was also required to enter into good behaviour bonds for the length of their suspended sentences.