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.

MP sex charges shatter South Australian Labor Party

My opinion - This man was telling you what you can and can not do. What guns you can and (more likely) can't own.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

April 22, 2011 12:30AM

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THE Labor Party in South Australia is reeling from a sex scandal involving a Labor MP.

Poor poll results, party infighting and calls for a leadership change add to its woes.

Party MPs were in shock yesterday, after police seized laptop computers, computer discs and a mobile phone from the accused MP's home.

In a statement, Premier Mike Rann said: "Like others, I was shocked by reports I read in the newspaper this morning".

"For legal reasons, no person, including me as Premier, is at liberty to reveal the identity of the person, the subject of the allegations, or to disclose any information through which others may infer the identity of the person."

"It would be against the law for me to comment on the allegations, as the matter is now before the courts," the Premier said.

Mr Rann said he believed any potential witnesses should co-operate fully with the police, as would the Government.

Police also searched the MP's office and are understood to be planning to examine computers from the MP's parliamentary office.

The operation which led to the MP being charged with child pornography offences has another 15 active investigations.

Operation Decimate, an initiative of the SA Police Sexual Crime Investigation Branch, has been running since February 2007.

"SCIB detectives have disseminated information to at least 16 jurisdictions around the world where offending has been identified."

If the MP is found guilty, they will have to resign their seat in Parliament because any MP found guilty of a crime carrying a penalty of more than two years has to resign.

Coming on top of the party's worst poll result since the State Bank election of 1993, the party is now being compared with the NSW Labor Party, which was decimated at the recent state election after 16 years in office.

The MP, who was refusing to comment yesterday, was taken to the City Watchhouse on Wednesday night, charged with four child pornography offences and later released on police bail.

The MP will appear in the Adelaide Magistrates Court on May 20. It is understood Michael Abbott, QC, will represent the MP.

Transport Minister Patrick Conlon said yesterday he thought everyone in the party was shocked.

Federal Finance Minister Penny Wong said the front page of The Advertiser reporting the incident was "pretty extraordinary and shocking".

"But there's a police investigation ongoing and it's not something I want to comment on," Senator Wong said.

The Advertiser poll published on Wednesday morning put Labor's primary vote at 24 per cent, which was less than the primary vote recorded by Labor in the NSW election.

For more on the sex scandal involving a Labor MP go to The Advertiser.

Cop fights drink-driving charge

The Courier-Mail

April 20, 2011 4:11PM

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AN OFF-duty police officer is fighting a drink driving charge after a motorist claimed the senior constable smelled of alcohol when he followed him home in his car, a court heard today.

Martin Joseph Baxter, 48, of Kedron has pleaded not guilty to one count of driving under the influence on Webster Rd at Stafford on January 16 this year.

The court heard evidence from Baxter's then-girlfriend who said he took a six-pack of alcoholic cans from her fridge on the day of the alleged offence, and from a staffer of the Edinburgh Castle Hotel who said she served him that day.

But under cross-examination by Baxter's defence lawyer Ruth O'Gorman, the staffer agreed she didn't know if he drove to the hotel.

Motorist Jonathan Faliguerho also gave evidence to the court, and said he had been driving along Webster Rd when Baxter cut him off and "flipped him the bird"

"I actually had to brake quite severely and the seatbelts locked up," he said.

Mr Faliguerho said his girlfriend commented that the driver "must be drunk".

The couple then drove back to their home at the Grange and Baxter followed, the court heard.

"He told me he was an off-duty police officer and showed me his hat," Mr Faliguerho said.

He said Baxter had "glazey" eyes and he could smell alcohol, before he asked the officer if he'd been drinking.

"He answered with a smirk and he said no," Mr Faliguerho said.

After Baxter left, Mr Faliguerho said he phoned the police with Baxter's registration to see if he really was a police officer.

"I didn't want him on the road if he was drunk," he said.

Mr Faliguerho's girlfriend, Claudia Bonny, added she told her partner to keep his distance when they first encountered Baxter on the road because she thought he might be under the influence.

The hearing continues.

Rats in ranks caught committing crimes

Herald Sun

April 18, 2011 12:00AM

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UPDATE 9am: ROGUE police are being caught breaking the law at a rate of more than one a week.

The breaches include serious crimes such as multiple assaults, sex attacks, thefts, threats to kill, firearms offences, burglary, stalking, child pornography and drug offences.

And four officers a week on average are caught failing to do their duty, with more than 2000 public complaints against police being proved in eight years.

Victorians also are paying a high price, with 373 suspended officers paid more than $15 million in the past decade.

Almost one officer a month had assault complaints against them upheld in eight years to 2009.

Twenty-five serious and 56 minor assault complaints proven included officers striking, choking, kicking, manhandling, pushing and spitting at people.

Chief Commissioner Simon Overland said it was "not OK" when police acted inappropriately.Other substantiated complaints include hundreds of incidents of cops behaving badly - making threats, indecent behaviour, abuse, being aggressive, insulting, harassing and behaving improperly.

"We probably attract more complaints here in Victoria than just about any other jurisdictions in Australia," he said on 3AW today.

"There's an argument (to say), 'Is that a bad thing (or) is that a good thing?'

"It could mean a number of things. It could actually mean we’re not as well behaved. It could actually mean people have more confidence in our systems here so they report more."

Mr Overland said officers who committed crimes were dealt with.

"We charge them criminally and or we take discipline action," he said.

He branded the complaints "customer service issues" not "criminality".

"They're people who behave rudely, duty failure, they haven’t done what they’re supposed to do or they’ve done it the wrong way so that’s about 50 per cent of the data you’re looking at," he said.

"Certainly that’s not good enough and we need to work to improve that.

"Anything that does involve criminality is clearly not OK but we deal with it and that’s what the data shows."

The Police Association said officers caught breaking the law should be punished like any other criminals.

"It is obviously a concern and no matter who it is whether they be a police officer or any other occupation if you break the law you deserve to be dealt with according to the law," Police Association Secretary Greg Davies told heraldsun.com.au.

Mr Davies said of the number of officers caught breaking the law were less than half a per cent of the total number of officers on the payroll.

"Our members don’t want to be working with criminals, they don’t join the police force to do that they join the police force to lock up criminals," he said.

"People convicted of criminal offences are almost inevitably dismissed from the police force."

Mr Davies said for minor offences officers might face an internal displinary process and be demoted or transferred.

Victoria Police has refused to release details of recent complaints under Freedom of Information laws or say how many complaints it receives.

The revelations have sparked fresh calls for a review of how police complaints are handled.

"You're complaining to the very people you have a problem with. It's the fox watching the hen house," said Law Institute Victoria president Caroline Counsel.

"You can complain to the ombudsman, the Office of Police Integrity or the police (but) all investigations should be independent of the police."

Ms Counsel said the lack of full disclosure made the data impossible to interpret.

"We're not getting a clear picture of what's going on," she said. "Are these the same rotten officers in the barrel committing these offences?"

The Victorian Ombudsman received 1000 complaints about Victoria Police in 2009-10, most of which were referred to the OPI.

Of the 712 complaints against police received by the OPI in 2009-10, more than two-thirds (493) were referred back to police.

Just 10 were investigated by the OPI, with 23 still under assessment and 268 complaints found to be outside the OPI's jurisdiction or "not warranting investigation".

The force said it encouraged complaints and had a history of disciplining members and laying criminal charges when appropriate.

"If the OPI refers matters to the police for investigation and complainants are not satisfied with the outcome they can make further approaches to the OPI," a spokesman said.

The data was released to the Herald Sun by Victoria Police outside the FoI laws.

- with Anne Wright, Amelia Harris

Drunk police officer wins job back despite smashing into parked car

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A SOUTH Coast police officer sacked for getting so drunk he wrecked two cars and asked a colleague to fake a breath test for him has won his job back.

Kiama Senior Constable Adam McDonald, 35, got so inebriated at a local ping-pong competition in January 2009 that when he drove home he totalled a parked car before smashing into a retaining wall, a court was told.

When the owner of the smashed car called police, Mr McDonald asked his colleagues to classify the crash as a "minor incident" and told them he would walk home.

They refused and arrested Mr McDonald, who they discovered had a penis drawn on his left cheek with a permanent marker.

The Industrial Court heard the officer was taken to Kiama Police Station where he asked another officer to take a breath test in his place before returning a blood alcohol reading of 0.205.

But Mr McDonald has won his job back after challenging his sacking in the Industrial Court of NSW.He was sacked in December 2009 by NSW Police Commissioner Andrew Scipione, a known teetotaller, who was furious about the incident.

The court heard that on the day of the crash Mr McDonald had been at a golf and poker day at Kiama Golf Club where he drank four schooners of beer over four hours.He then bought a 750ml bottle of bourbon and went to the ping-pong competition located "two to three" kilometres from his home.

After passing out at the competition, Mr McDonald woke up and attempted to drive home when he hit the parked car, according to the court judgment.

Police arrived at the scene on Meehan Drive and found a parked car had been "extensively damaged" with the bumper ripped off and the engine exposed.

Mr McDonald appeared to be heavily intoxicated, court documents said. He was "observed... as having drawings of penises on the left side of his face and on his left leg, apparently drawn with a black marker", court documents said.

He had the words "F*k the police" written on his back and his fly was undone, the court heard.

According to police, Mr McDonald was abusive and tried to use his position to have officers cover-up the incident.

Mr McDonald told the court he remembered little of the night.

He said people he didn't know were mixing his drinks and that they could have spiked them with drugs or large quantities of alcohol.

In court, Judge Wayne Haylen accepted the submissions and said the sacking was harsh.

He said Mr McDonald would have felt "fear and concern" when he awoke to find people drawing on him which may have "caused him to drive his vehicle when he otherwise would not have done so".Judge Haylen also said Mr McDonald, a father of three, was remorseful, had apologised and attended alcohol counselling.

He also said Mr McDonald was at risk of losing his house after being suspended without pay for 15 months.