Public trust hit by spate of rogue police officers
Only a nong would trust the Qld. wallopers anyway
DISCIPLINARY problems among Gold Coast police and declining public trust have been exposed in internal briefings obtained by The Courier-Mail.
Thirty Gold Coast officers were subject to internal disciplinary hearings in 2010-11 as part of a crackdown that followed a rise in complaints.
One officer was dismissed after being investigated for "stealing from a social club". Eight others, probed for a range of more serious offences including fraud, perjury, supplying drugs, sexual misconduct with a witness and forgery, resigned.
A further four officers were stood down and two suspended. Five of the matters were dealt with by the courts.
Twelve other officers were fined, demoted or reprimanded for discipline breaches, including using a police vehicle to buy alcohol and falsifying rosters, according to documents obtained under the Right To Information laws.
The Crime and Misconduct Commission's widely publicised Operation Tesco corruption probe into Gold Coast police in June mentioned just three unnamed officers.
The investigations came amid a rising trend in complaints about Gold Coast officers, who since 2007 have attracted complaints at twice the rate as the QPS as a whole.
The Courier-Mail revealed in August that more than 20 QPS officers had quit in the previous 18 months, after being investigated over serious incidents, from corruption and favouritism to sexual misconduct and inappropriate behaviour.
Revelations of misconduct appear to have eroded public trust in police. Surveys conducted for the QPS show that statewide in 2010-11, seven out of 10 people agreed with the proposition "most police are honest", down from eight out of 10 in 2007-08. Only six out of 10 people surveyed on the Gold Coast agreed.
A Queensland Police Union spokesman said public perceptions of police were no different to those for other public servants, including politicians. "There's no doubt that in all areas of public service there is increasing cynicism," he said.
Gold Coast district chief Supt Paul Ziebarth told top brass earlier this year that assaults and use of excessive force by officers were continuing concerns but there had been a drop in complaints. Supt Ziebarth said a "lack of practical discipline investigation skills" was holding up reports on bad behaviour so he planned more training.
Ethical Standards Command identified nine officers as being "at risk" and they were given counselling and performance management. One constable was transferred away from a "high risk" location.
Complaints substantiated against police in the Gold Coast district more than doubled, from less than one in every 20 complaints in the second half of 2009 to more than one in 10 a year later.
SOURCE
Tuesday, November 29, 2011
Friday, November 25, 2011
Police in the State of Corruption lose one -- and it costs them
Supreme Court rules person is entitled to do runner if not under arrest
A SUPREME Court judge ruled today that a person who is not under arrest is entitled to do a runner from police seeking to question them.
Justice Stephen Kaye said Sydney man Andrew Hamilton was under no obligation to stop and speak to police when they approached him after receiving a complaint over an unpaid restaurant bill.
The judge said that it was an ancient principle of the common law that no one has to stop and speak to police or answer their questions, and there was no legislation in Victoria that alters that right. "The respondent (Mr Hamilton) before being placed under arrest did not have any obligation to stop when requested to do so, or to answer questions asked of him," Justice Kaye said.
The judge dismissed an appeal by the Director of Public Prosecutions and made a costs order in favour of Mr Hamilton.
Mr Hamilton had a charge of resisting police thrown out earlier this year after a magistrate found it was not illegal for him to bolt and that he had resisted nothing.
It was alleged he ran from a Taco Bill restaurant in March last year after an argument about an unpaid $136 bill.
Justice Kaye said that in the appeal against the magistrate's decision, the DPP argued that the Crimes Act imposes a duty on a person to state their name and address to an officer if it is believed on reasonable grounds they have committed an offence.
But the judge said it was conceded the police who tried to stop Mr Hamilton never got to the stage of asking for his name and address because he bolted.
"(The Crimes Act) does not contain any provision which expressly empowers police to detain a suspect, or take a suspect into custody, for the purposes of questioning the suspect," Justice Kaye said. "The conferring of such a power on a police officer would be a substantial, and indeed radical, detraction from the fundamental freedoms which have been guaranteed to the citizen by the common law for centuries."
The court heard that when approached by police in Collins St, Mr Hamilton, 24, ran and was chased on foot and in a squad car.
Ignoring police sirens and calls for him to stop, Mr Hamilton - who was later cleared of responsibility for the restaurant bill - was eventually arrested near Flinders St station.
SOURCE
Supreme Court rules person is entitled to do runner if not under arrest
A SUPREME Court judge ruled today that a person who is not under arrest is entitled to do a runner from police seeking to question them.
Justice Stephen Kaye said Sydney man Andrew Hamilton was under no obligation to stop and speak to police when they approached him after receiving a complaint over an unpaid restaurant bill.
The judge said that it was an ancient principle of the common law that no one has to stop and speak to police or answer their questions, and there was no legislation in Victoria that alters that right. "The respondent (Mr Hamilton) before being placed under arrest did not have any obligation to stop when requested to do so, or to answer questions asked of him," Justice Kaye said.
The judge dismissed an appeal by the Director of Public Prosecutions and made a costs order in favour of Mr Hamilton.
Mr Hamilton had a charge of resisting police thrown out earlier this year after a magistrate found it was not illegal for him to bolt and that he had resisted nothing.
It was alleged he ran from a Taco Bill restaurant in March last year after an argument about an unpaid $136 bill.
Justice Kaye said that in the appeal against the magistrate's decision, the DPP argued that the Crimes Act imposes a duty on a person to state their name and address to an officer if it is believed on reasonable grounds they have committed an offence.
But the judge said it was conceded the police who tried to stop Mr Hamilton never got to the stage of asking for his name and address because he bolted.
"(The Crimes Act) does not contain any provision which expressly empowers police to detain a suspect, or take a suspect into custody, for the purposes of questioning the suspect," Justice Kaye said. "The conferring of such a power on a police officer would be a substantial, and indeed radical, detraction from the fundamental freedoms which have been guaranteed to the citizen by the common law for centuries."
The court heard that when approached by police in Collins St, Mr Hamilton, 24, ran and was chased on foot and in a squad car.
Ignoring police sirens and calls for him to stop, Mr Hamilton - who was later cleared of responsibility for the restaurant bill - was eventually arrested near Flinders St station.
SOURCE
Wednesday, November 23, 2011
Gold Coast cop fined over bikie's death
Speeding doesn't deserve the death penalty
A GOLD Coast policeman has been fined more than $13,000 for misconduct relating to the death of a bikie during a high-speed police chase.
Senior-Constable Stephen Chapman was originally fined $400 in February by Police Assistant Commissioner Paul Wilson but the Crime and Misconduct Commission stepped in and lodged an appeal.
Yesterday the Queensland Civil and Administrative Tribunal found the original penalty was "manifestly inadequate" and ordered Sen-Const Chapman to pay the fine off at $128 a week for the next two years.
The misconduct relates to a pursuit involving Craig Robert Shepherd, 26, a member of the Odins Warriors motorcycle gang, who died after his bike hit a rock wall on a tight bend at Beechmont Rd on June 16, 2006. His passenger suffered permanent brain damage when the bike landed on top of her.
A coronial inquest in 2008 found that moments before the crash, Mr Shepherd was being pursued by a police car being driven by Sen-Constable Chapman at speeds of up to 160km/h.
Police Assistant Commissioner Paul Wilson had found Sen-Constable Chapman guilty of being untruthful during follow-up interviews and not complying with policies regard pursuits.
Sen-Constable Chapman, 48, had admitted contravening pursuit policies but contested the untruthfulness charge. He was fined $200 for each breach.
The CMC lodged an appeal with the tribunal on the grounds the penalty was manifestly inadequate and sought Sen Const Chapman's dismissal from the police service.
Sen-Constable Chapman and three other officers on duty the night Mr Shephard died also appealed against Mr Wilson's findings that they were untruthful in interviews by not declaring phone calls made about the incident.
While the officers were cleared of untruthfulness, in their QCAT judgment, Judicial Member James Thomas, QC, and Senior Member Richard Oliver ruled Sen-Constable Chapman's breaches were "serious" and while not serious enough to deserve his dismissal, a $200 fine was manifestly inadequate. Instead, the tribunal ordered Sen-Constable Chapman's pay be cut for two years.
"He had an exemplary record of service prior to the incident, and pleaded guilty to the only charge upon which he has been subsequently found guilty," the judgment found. "Notwithstanding this early plea, he has had the stress of five years' delay before determination.
"Taking into account all these factors, including the need to ensure that the police pursuit policy is respected, and attempting to maintain some consistency, we consider the appropriate sanction is the loss of two pay points for a period of two years."
SOURCE
Speeding doesn't deserve the death penalty
A GOLD Coast policeman has been fined more than $13,000 for misconduct relating to the death of a bikie during a high-speed police chase.
Senior-Constable Stephen Chapman was originally fined $400 in February by Police Assistant Commissioner Paul Wilson but the Crime and Misconduct Commission stepped in and lodged an appeal.
Yesterday the Queensland Civil and Administrative Tribunal found the original penalty was "manifestly inadequate" and ordered Sen-Const Chapman to pay the fine off at $128 a week for the next two years.
The misconduct relates to a pursuit involving Craig Robert Shepherd, 26, a member of the Odins Warriors motorcycle gang, who died after his bike hit a rock wall on a tight bend at Beechmont Rd on June 16, 2006. His passenger suffered permanent brain damage when the bike landed on top of her.
A coronial inquest in 2008 found that moments before the crash, Mr Shepherd was being pursued by a police car being driven by Sen-Constable Chapman at speeds of up to 160km/h.
Police Assistant Commissioner Paul Wilson had found Sen-Constable Chapman guilty of being untruthful during follow-up interviews and not complying with policies regard pursuits.
Sen-Constable Chapman, 48, had admitted contravening pursuit policies but contested the untruthfulness charge. He was fined $200 for each breach.
The CMC lodged an appeal with the tribunal on the grounds the penalty was manifestly inadequate and sought Sen Const Chapman's dismissal from the police service.
Sen-Constable Chapman and three other officers on duty the night Mr Shephard died also appealed against Mr Wilson's findings that they were untruthful in interviews by not declaring phone calls made about the incident.
While the officers were cleared of untruthfulness, in their QCAT judgment, Judicial Member James Thomas, QC, and Senior Member Richard Oliver ruled Sen-Constable Chapman's breaches were "serious" and while not serious enough to deserve his dismissal, a $200 fine was manifestly inadequate. Instead, the tribunal ordered Sen-Constable Chapman's pay be cut for two years.
"He had an exemplary record of service prior to the incident, and pleaded guilty to the only charge upon which he has been subsequently found guilty," the judgment found. "Notwithstanding this early plea, he has had the stress of five years' delay before determination.
"Taking into account all these factors, including the need to ensure that the police pursuit policy is respected, and attempting to maintain some consistency, we consider the appropriate sanction is the loss of two pay points for a period of two years."
SOURCE
Saturday, November 19, 2011
Police 'dimwits' cause case collapse
A MAJOR drug case has collapsed after two senior Victorian policemen - described by a judge as "absolute dimwits" - failed to take 20 seconds of their time to legally swear an affidavit or affirm it.
Many fear the decision yesterday by the Director of Public Prosecutions to "discontinue" charges against three defendants facing trial may not be his last.
Since the practice was revealed last month, prosecutors and police have been working to establish how many other pending cases, or possibly past convictions, may be affected by investigators improperly taking out affidavits.
Drug boss Tony Mokbel this week was granted permission to apply to change his guilty pleas, while other trials have been delayed based on the officers' - and many others in the crime department - admission they have never followed the law.
The decision by the DPP, John Champion, SC, followed Judge Jim Montgomery's ruling in October, upheld recently by the state's highest court, to declare an unsworn affidavit invalid.
The County Court judge went on to use his discretion to exclude from the trial the evidence later seized in search warrants based on the affidavit.
Detective Senior Sergeant Stephen McIntyre told Judge Montgomery in pre-trial evidence he had never sworn an affidavit in his 25-year career.
A later "straw poll" of 25 detectives in the department revealed that they have also acted similarly.
In a unanimous decision a week ago, the Court of Appeal dismissed an appeal by the DPP against Judge Montgomery's rulings.
But the court's three judges noted that they "would not wish it to be thought that the discretion should necessarily be exercised in the same way were the same issues to arise again for consideration in similar circumstances".
After Detective Senior Sergeant McIntyre's evidence, and that of Detective Inspector Glenn Davies - who confirmed conduct identical to his colleague - Judge Montgomery remarked: "We can all come to the conclusion that their state of mind was that they were all absolute dimwits."
SOURCE
A MAJOR drug case has collapsed after two senior Victorian policemen - described by a judge as "absolute dimwits" - failed to take 20 seconds of their time to legally swear an affidavit or affirm it.
Many fear the decision yesterday by the Director of Public Prosecutions to "discontinue" charges against three defendants facing trial may not be his last.
Since the practice was revealed last month, prosecutors and police have been working to establish how many other pending cases, or possibly past convictions, may be affected by investigators improperly taking out affidavits.
Drug boss Tony Mokbel this week was granted permission to apply to change his guilty pleas, while other trials have been delayed based on the officers' - and many others in the crime department - admission they have never followed the law.
The decision by the DPP, John Champion, SC, followed Judge Jim Montgomery's ruling in October, upheld recently by the state's highest court, to declare an unsworn affidavit invalid.
The County Court judge went on to use his discretion to exclude from the trial the evidence later seized in search warrants based on the affidavit.
Detective Senior Sergeant Stephen McIntyre told Judge Montgomery in pre-trial evidence he had never sworn an affidavit in his 25-year career.
A later "straw poll" of 25 detectives in the department revealed that they have also acted similarly.
In a unanimous decision a week ago, the Court of Appeal dismissed an appeal by the DPP against Judge Montgomery's rulings.
But the court's three judges noted that they "would not wish it to be thought that the discretion should necessarily be exercised in the same way were the same issues to arise again for consideration in similar circumstances".
After Detective Senior Sergeant McIntyre's evidence, and that of Detective Inspector Glenn Davies - who confirmed conduct identical to his colleague - Judge Montgomery remarked: "We can all come to the conclusion that their state of mind was that they were all absolute dimwits."
SOURCE
Leaked email reveals S.A. police ordered to meet arrest quota
Appalling. The abuses this could lead to are obvious
POLICE were ordered to meet quotas for the number of arrests, drink driving reports, traffic and drug offences in a five-week period, an internal police email shows.
The Advertiser has obtained the email, from Holden Hill Senior Sergeant Andrew McCracken to patrol officers on July 28, which listed five benchmark categories including the number of fines, reports and arrests each officer must obtain over five weeks.
Officers who did not meet the benchmarks would be required to provide "an explanation" to Sen-Sgt McCracken and their immediate supervisor.
Senior police now say the email's directions were "outside of SAPOL's guidelines and policies" and it had been rescinded.
The five-week targets required each officer to:
MAKE five arrests and reports.
ARREST or report two drink-drivers.
MAKE nine traffic contacts, including on-the-spot fines, using mobile breath tests.
ISSUE one drug-related fine or diversion (for minor illegal drug possession).
The email also said "a minority" of officers at the station had failed to reach the targets during the previous 12 months because they had "coasted" in executing their duty. "It is clear some of you are really great workers and there are some (the minority) that have coasted," the email said. "Those who cannot or choose not to reach these benchmarks will need to provide an explanation to their sergeant and me.
"As stated, though, this is not hard and easily able to be reached and maintained - 99 per cent of you will have no difficulty reaching the standard and blitzing it."
The email was rescinded on August 2 when local police management were advised. Police initially told The Advertiser it was rescinded within 24 hours of being sent.
Opposition police spokesman David Ridgway said the email showed contradictions in the messages coming from SA Police.
"It flies in the face of what we've been told - that there aren't quotas for a whole range of activities. If police are putting these things in emails, then clearly there is a view within SA Police at certain levels that they do have quotas and that's why this person has published that," he said. "It's certainly mixed messages coming out of SA Police."
Mr Ridgway said setting benchmarks or quotas could compromise police duties. "I would've thought it would distract them from making sure they are providing a whole community policing approach when they are having to focus on particular benchmarks," he said.
"If they need a drug bust and they haven't had one, do they forget about every other offence and just go and look for a drug issue? "We have record numbers of police - they should just be out in the community doing the work and there shouldn't be any expectation on the number of pinches they do."
Holden Hill local service area officer-in-charge Superintendent James Blandford said the email was a mistake. "It is important to note the email was sent to operational staff within the Holden Hill LSA only," he said. "The original email was sent by an officer who was relieving in a higher position. The directions given were outside of SAPOL's guidelines and policies.
"As soon as local management became aware of the email, it was rescinded." He said SA Police made no secret of the fact benchmarks were set for traffic contacts but this was in no way linked to revenue. He said almost 30 per cent of traffic contacts ended in a caution. Police would not elaborate on exactly what other areas had set quotas.
"Benchmarks exist across SAPOL for a number policing duties, including responses to emergency calls and requests for police assistance," Supt Blandford said.
Police Association of South Australia president Mark Carroll said any confusion on quotas had to be addressed immediately. "SAPOL management has expressed publicly that it does not have, nor does government expect, booking quotas," he said.
SOURCE
Appalling. The abuses this could lead to are obvious
POLICE were ordered to meet quotas for the number of arrests, drink driving reports, traffic and drug offences in a five-week period, an internal police email shows.
The Advertiser has obtained the email, from Holden Hill Senior Sergeant Andrew McCracken to patrol officers on July 28, which listed five benchmark categories including the number of fines, reports and arrests each officer must obtain over five weeks.
Officers who did not meet the benchmarks would be required to provide "an explanation" to Sen-Sgt McCracken and their immediate supervisor.
Senior police now say the email's directions were "outside of SAPOL's guidelines and policies" and it had been rescinded.
The five-week targets required each officer to:
MAKE five arrests and reports.
ARREST or report two drink-drivers.
MAKE nine traffic contacts, including on-the-spot fines, using mobile breath tests.
ISSUE one drug-related fine or diversion (for minor illegal drug possession).
The email also said "a minority" of officers at the station had failed to reach the targets during the previous 12 months because they had "coasted" in executing their duty. "It is clear some of you are really great workers and there are some (the minority) that have coasted," the email said. "Those who cannot or choose not to reach these benchmarks will need to provide an explanation to their sergeant and me.
"As stated, though, this is not hard and easily able to be reached and maintained - 99 per cent of you will have no difficulty reaching the standard and blitzing it."
The email was rescinded on August 2 when local police management were advised. Police initially told The Advertiser it was rescinded within 24 hours of being sent.
Opposition police spokesman David Ridgway said the email showed contradictions in the messages coming from SA Police.
"It flies in the face of what we've been told - that there aren't quotas for a whole range of activities. If police are putting these things in emails, then clearly there is a view within SA Police at certain levels that they do have quotas and that's why this person has published that," he said. "It's certainly mixed messages coming out of SA Police."
Mr Ridgway said setting benchmarks or quotas could compromise police duties. "I would've thought it would distract them from making sure they are providing a whole community policing approach when they are having to focus on particular benchmarks," he said.
"If they need a drug bust and they haven't had one, do they forget about every other offence and just go and look for a drug issue? "We have record numbers of police - they should just be out in the community doing the work and there shouldn't be any expectation on the number of pinches they do."
Holden Hill local service area officer-in-charge Superintendent James Blandford said the email was a mistake. "It is important to note the email was sent to operational staff within the Holden Hill LSA only," he said. "The original email was sent by an officer who was relieving in a higher position. The directions given were outside of SAPOL's guidelines and policies.
"As soon as local management became aware of the email, it was rescinded." He said SA Police made no secret of the fact benchmarks were set for traffic contacts but this was in no way linked to revenue. He said almost 30 per cent of traffic contacts ended in a caution. Police would not elaborate on exactly what other areas had set quotas.
"Benchmarks exist across SAPOL for a number policing duties, including responses to emergency calls and requests for police assistance," Supt Blandford said.
Police Association of South Australia president Mark Carroll said any confusion on quotas had to be addressed immediately. "SAPOL management has expressed publicly that it does not have, nor does government expect, booking quotas," he said.
SOURCE
Wednesday, November 16, 2011
Stupid Qld. cops think pointing an empty gun at someone is attemped murder
A DISABILITY pensioner who was charged with attempted murder after he pointed an empty gun at a former friend and pulled the trigger, pleaded guilty to the far lesser crime of common assault, today.
Robert John Anforth , 62, spent six months in custody on remand and was to face a trial today of attempting to murder Paul Asher last year.
However, prosecutor Jacob Robson told the Supreme Court in Brisbane, the Crown would no longer proceed with the attempted murder but would present another indictment charging Anforth with common assault.
Attempted murder carries a maximum sentence of life in jail while common assault has a maximum penalty of three years jail.
Mr Robson said after careful anaylsis of the evidence it was apparent the Crown would have difficulty proving Anforth had an intent to kill and it accepted Anforth was trying to scare his victim.
He said the attitude of the victim had also changed and Mr Asher had not wanted the attempted murder trial to go ahead.
After hearing submissions, Justice George Fryberg agreed it was unlikely on the evidence he had seen a reasonable jury would have convicted Anforth of attempted murder.
However, Justice Fryberg said the matter went from police charging Anforth, to magistrates court hearing where Anforth was committed to stand trial on attempted murder, to various reviews where even 10 days ago an attempted murder trial was to go ahead.
Justice Fryberg said it wasn't until Mr Robson was given the brief 10 days ago someone had looked at it and realised the problems with an attempted murder charge.
Anforth pleaded guilty to the common assault on Asher, on July 30 last year.
The court heard Asher had been staying at Anforth's rural property at Minden, west of Ipswich, for about three months but things were strained and Asher was planning to move out.
Asher was loading wood onto a ute at the property when he saw Anforth who pulled a handgun out of his short pointed it at Asher and pulled the trigger. The gun was unloaded at that time.
The court heard Asher took cover and then heard a shot. He started running and heard another shot before fleeing to a nearby shop where he called police.
Mr Robson said the common assault had been the pointing of the unloaded gun at Mr Asher and it was compunded by the actual shots which were not directed at Mr Asher.
Barrister Sea Seaholme, for Anforth, said the Crown always faced problems with proving his client intended to injure Mr Asher and the two later shots had been fired in the air.
Justice Fryberg said it was a serious example of common assault as Anforth had terrorised his victim. But he said after taking into account the time already spent in custody and the guilty plea he would sentence Anforth to a wholly suspended 27 months jail.
SOURCE
A DISABILITY pensioner who was charged with attempted murder after he pointed an empty gun at a former friend and pulled the trigger, pleaded guilty to the far lesser crime of common assault, today.
Robert John Anforth , 62, spent six months in custody on remand and was to face a trial today of attempting to murder Paul Asher last year.
However, prosecutor Jacob Robson told the Supreme Court in Brisbane, the Crown would no longer proceed with the attempted murder but would present another indictment charging Anforth with common assault.
Attempted murder carries a maximum sentence of life in jail while common assault has a maximum penalty of three years jail.
Mr Robson said after careful anaylsis of the evidence it was apparent the Crown would have difficulty proving Anforth had an intent to kill and it accepted Anforth was trying to scare his victim.
He said the attitude of the victim had also changed and Mr Asher had not wanted the attempted murder trial to go ahead.
After hearing submissions, Justice George Fryberg agreed it was unlikely on the evidence he had seen a reasonable jury would have convicted Anforth of attempted murder.
However, Justice Fryberg said the matter went from police charging Anforth, to magistrates court hearing where Anforth was committed to stand trial on attempted murder, to various reviews where even 10 days ago an attempted murder trial was to go ahead.
Justice Fryberg said it wasn't until Mr Robson was given the brief 10 days ago someone had looked at it and realised the problems with an attempted murder charge.
Anforth pleaded guilty to the common assault on Asher, on July 30 last year.
The court heard Asher had been staying at Anforth's rural property at Minden, west of Ipswich, for about three months but things were strained and Asher was planning to move out.
Asher was loading wood onto a ute at the property when he saw Anforth who pulled a handgun out of his short pointed it at Asher and pulled the trigger. The gun was unloaded at that time.
The court heard Asher took cover and then heard a shot. He started running and heard another shot before fleeing to a nearby shop where he called police.
Mr Robson said the common assault had been the pointing of the unloaded gun at Mr Asher and it was compunded by the actual shots which were not directed at Mr Asher.
Barrister Sea Seaholme, for Anforth, said the Crown always faced problems with proving his client intended to injure Mr Asher and the two later shots had been fired in the air.
Justice Fryberg said it was a serious example of common assault as Anforth had terrorised his victim. But he said after taking into account the time already spent in custody and the guilty plea he would sentence Anforth to a wholly suspended 27 months jail.
SOURCE
Trigger-happy W.A. cop is REAL scum
And the police union is supporting him!
THE policeman under investigation for firing a warning shot at a car in Nollamara yesterday has been convicted of bashing his wife and is already facing another Internal Affairs Unit probe.
PerthNow can reveal that Niko Westergerling, 39, is under investigation by internal affairs officers amid claims he unlawfully accessed the WA Police database.
The revelation comes just months after the senior constable was convicted and fined $2000 for a brutal attack on his wife during a heated argument at their Innaloo home in February.
Subsequent claims then arose that he had misused the secure police database to access information unrelated to his police work.
Despite the conviction, Sen-Constable Westergerling was allowed to remain in the job.
Sen-Constable Westergerling has been stood aside from duty while internal affairs officers investigate the circumstances surrounding the Nollamara shooting.
It is understood both inquiries - yesterday's shooting and allegations of misusing the police database - will now be conducted simultaneously.
In March, Sen-Constable Westergerling narrowly avoided jail and was fined $2000 after admitting to repeatedly punching and kicking his wife during a heated argument on February 14 while he was off duty.
Defence lawyer Gabrielle Clarke said her client accepted full responsibility for his behaviour, which he had described as "unacceptable and disgusting".
Senior WA police say the officer did not appear to have any valid reason for firing two shots at a black station wagon in Nollamara in the city's northeast early yesterday afternoon.
The car sped off and police have today said there were no reports of injury to any of the five occupants, believed to be three adults, one 17-year-old and a three-year-old. The car was found by police at about 10am today and investigators from the IAU are interviewing two occupants of the vehicle.
Detective Superintendent Tony Flack told reporters the policeman was with two female officers carrying out a routine traffic stop of a driver who was not wearing a seatbelt. He said the driver gave a false name and when the officer asked her to accompany him to a police station, she wound up her window and sped off.
It was then that the officer drew his weapon and fired at the vehicle.
"The Internal Affairs Unit can't find at this time any valid reason for the discharge of this firearm," Det Supt Flack said. "WA Police do not condone the use of firearms to stop motor vehicles." "There are other methods of stopping and detaining motor vehicles and it would not be appropriate and the WA Police do not condone the use of firearms to stop motor vehicles."
Det Supt Flack said criminal charges against the officer were "more than a possibility".
Police are still searching for a second woman who was in the car, but police today revealed there were up to five people in the vehicle at the time of the shooting.
Supt Flack today told reporters the car was stopped because at least one of the passengers was not wearing a seatbelt. The driver then gave police a false name and attempted to flee at high speed.
"The officers had cause to stop a black Holden Zaphina station wagon. We now believe there were up to five persons in that motor vehicle and they pulled this vehicle over for a routine traffic stop. We believe this was for a simple seatbelt offence committed by the driver. "One of the officers who subsequently has been found to have discharged the firearm approached the vehicle, asked the driver for her details. It is believed the driver gave a false name.
"The male officer then did a check on the inboard police computer. It was subsequently found that the name was false and the officer requested the driver accompany him back to Mirrabooka to establish her identity. "The driver has refused this request, wound up the window and driven away. To this point our inquiries establish that the officer has drawn a firearm and discharged the firearm on two occasions.
"It's unknown if the two rounds struck the vehicle or whether they caused any injury to the occupants.
Supt Flack said the senor constable would be confined to administrative duties and stripped of his firearm pending the outcome of the internal investigation. “He will be office-bound and without access to firearms,” Supt Flack said.
He also revealed the officer had recently been disciplined over another case of "poor judgment" but refused to reveal details.
It is believed the latest incident could result in the Police Commissioner having to make a decision on the officer's suitability to remain in the job.
Supt Flack added: "He has a history that is not relevant to this particular incident, but he does have a history that we will assess in its totality, and then we will make a recommendation to the Commissioner of Police about things like judgment, practical intelligence, tolerance to stress."
He also said there was concern about the time it took the officer to notify the Police Operations Centre about the incident. "Our inquiries reveal that they were not immediately notified and this notification's occurred sometime after the event," he said.
"One would expect that there would have been a notification by the officers to POC and one of the things we'll be looking at is why the officers chose to notify their office, rather than getting on the radio. It's a concern to us, they manage operations on the road and we would have expected a radio call to POC."
Initial interviews with the officers indicated the occupants of the vehicle were not hit, however Superintendent Flack said "the potential for serious injury is high" if the two rounds struck the wagon. "That discharge was made in a suburban area, occupied by a number of houses and the potentiality and the danger will be assessed as part of the investigation," he said.
WA Police Union president Russell Armstrong said the union would continue to provide support to Sen-Constable Westergerling. "We will look after the officer and we will continue to support him into the future," he said. Mr Armstrong backed the senior constable saying he was was an experienced officer and he must have had good reason to draw and fire his weapon.
He said it was too early to draw conclusions and he was surprised Supt Flack had indicated so early in the investigation that the discharge of the firearm appeared to be unjustified.
SOURCE
And the police union is supporting him!
THE policeman under investigation for firing a warning shot at a car in Nollamara yesterday has been convicted of bashing his wife and is already facing another Internal Affairs Unit probe.
PerthNow can reveal that Niko Westergerling, 39, is under investigation by internal affairs officers amid claims he unlawfully accessed the WA Police database.
The revelation comes just months after the senior constable was convicted and fined $2000 for a brutal attack on his wife during a heated argument at their Innaloo home in February.
Subsequent claims then arose that he had misused the secure police database to access information unrelated to his police work.
Despite the conviction, Sen-Constable Westergerling was allowed to remain in the job.
Sen-Constable Westergerling has been stood aside from duty while internal affairs officers investigate the circumstances surrounding the Nollamara shooting.
It is understood both inquiries - yesterday's shooting and allegations of misusing the police database - will now be conducted simultaneously.
In March, Sen-Constable Westergerling narrowly avoided jail and was fined $2000 after admitting to repeatedly punching and kicking his wife during a heated argument on February 14 while he was off duty.
Defence lawyer Gabrielle Clarke said her client accepted full responsibility for his behaviour, which he had described as "unacceptable and disgusting".
Senior WA police say the officer did not appear to have any valid reason for firing two shots at a black station wagon in Nollamara in the city's northeast early yesterday afternoon.
The car sped off and police have today said there were no reports of injury to any of the five occupants, believed to be three adults, one 17-year-old and a three-year-old. The car was found by police at about 10am today and investigators from the IAU are interviewing two occupants of the vehicle.
Detective Superintendent Tony Flack told reporters the policeman was with two female officers carrying out a routine traffic stop of a driver who was not wearing a seatbelt. He said the driver gave a false name and when the officer asked her to accompany him to a police station, she wound up her window and sped off.
It was then that the officer drew his weapon and fired at the vehicle.
"The Internal Affairs Unit can't find at this time any valid reason for the discharge of this firearm," Det Supt Flack said. "WA Police do not condone the use of firearms to stop motor vehicles." "There are other methods of stopping and detaining motor vehicles and it would not be appropriate and the WA Police do not condone the use of firearms to stop motor vehicles."
Det Supt Flack said criminal charges against the officer were "more than a possibility".
Police are still searching for a second woman who was in the car, but police today revealed there were up to five people in the vehicle at the time of the shooting.
Supt Flack today told reporters the car was stopped because at least one of the passengers was not wearing a seatbelt. The driver then gave police a false name and attempted to flee at high speed.
"The officers had cause to stop a black Holden Zaphina station wagon. We now believe there were up to five persons in that motor vehicle and they pulled this vehicle over for a routine traffic stop. We believe this was for a simple seatbelt offence committed by the driver. "One of the officers who subsequently has been found to have discharged the firearm approached the vehicle, asked the driver for her details. It is believed the driver gave a false name.
"The male officer then did a check on the inboard police computer. It was subsequently found that the name was false and the officer requested the driver accompany him back to Mirrabooka to establish her identity. "The driver has refused this request, wound up the window and driven away. To this point our inquiries establish that the officer has drawn a firearm and discharged the firearm on two occasions.
"It's unknown if the two rounds struck the vehicle or whether they caused any injury to the occupants.
Supt Flack said the senor constable would be confined to administrative duties and stripped of his firearm pending the outcome of the internal investigation. “He will be office-bound and without access to firearms,” Supt Flack said.
He also revealed the officer had recently been disciplined over another case of "poor judgment" but refused to reveal details.
It is believed the latest incident could result in the Police Commissioner having to make a decision on the officer's suitability to remain in the job.
Supt Flack added: "He has a history that is not relevant to this particular incident, but he does have a history that we will assess in its totality, and then we will make a recommendation to the Commissioner of Police about things like judgment, practical intelligence, tolerance to stress."
He also said there was concern about the time it took the officer to notify the Police Operations Centre about the incident. "Our inquiries reveal that they were not immediately notified and this notification's occurred sometime after the event," he said.
"One would expect that there would have been a notification by the officers to POC and one of the things we'll be looking at is why the officers chose to notify their office, rather than getting on the radio. It's a concern to us, they manage operations on the road and we would have expected a radio call to POC."
Initial interviews with the officers indicated the occupants of the vehicle were not hit, however Superintendent Flack said "the potential for serious injury is high" if the two rounds struck the wagon. "That discharge was made in a suburban area, occupied by a number of houses and the potentiality and the danger will be assessed as part of the investigation," he said.
WA Police Union president Russell Armstrong said the union would continue to provide support to Sen-Constable Westergerling. "We will look after the officer and we will continue to support him into the future," he said. Mr Armstrong backed the senior constable saying he was was an experienced officer and he must have had good reason to draw and fire his weapon.
He said it was too early to draw conclusions and he was surprised Supt Flack had indicated so early in the investigation that the discharge of the firearm appeared to be unjustified.
SOURCE
Tuesday, November 15, 2011
No reason for cop to shoot
The W.A. cops are notorious goons
SENIOR WA police say there was no obvious reason for a male officer to fire a gun at two women during a traffic stop in Nollamara yesterday. Police said preliminary inquiries have failed to find a justifiable reason for the officer to have fired a weapon during the traffic stop.
Meanwhile the hunt continues for the women at the centre of the police shooting on Flinders Street, Nollamara yesterday afternoon. Aboriginal Legal Service chief Dennis Eggington has urged the two women to come forward to the ALS and tell their side of the story.
WA Police have launched an internal investigation into the actions of the male officer who reportedly opened fire on the two women in a vehicle in Flinders Street. The officer, who was believed to be travelling with two female officers, fired shots at the car at about 1.30pm. It is not yet known if the occupants were injured as they sped away from the scene.
Flinders Street was closed shortly after the shooting and a crime scene has been established at the corner of Quadea Road and Flinders Street. A search is now underway to find the driver and passenger of the vehicle.
Inspector Bill Munnee said he did not know why the officer fired his gun. "I will tell you a full and thorough investigation will be conducted by the Internal Affairs Unit to determine whether the discharge of the firearm was lawful," Insp Munnee said.
The three officers involved in the incident have had their guns seized and are being questioned seperately by internal affairs.
Police believe they know who the two women are but have not been able to locate them. They have spent the afternoon searching addresses linked to the car registration and checking nearby hospitals. The car the women were travelling in has been described as a dark-coloured Holden sedan.
SOURCE
The W.A. cops are notorious goons
SENIOR WA police say there was no obvious reason for a male officer to fire a gun at two women during a traffic stop in Nollamara yesterday. Police said preliminary inquiries have failed to find a justifiable reason for the officer to have fired a weapon during the traffic stop.
Meanwhile the hunt continues for the women at the centre of the police shooting on Flinders Street, Nollamara yesterday afternoon. Aboriginal Legal Service chief Dennis Eggington has urged the two women to come forward to the ALS and tell their side of the story.
WA Police have launched an internal investigation into the actions of the male officer who reportedly opened fire on the two women in a vehicle in Flinders Street. The officer, who was believed to be travelling with two female officers, fired shots at the car at about 1.30pm. It is not yet known if the occupants were injured as they sped away from the scene.
Flinders Street was closed shortly after the shooting and a crime scene has been established at the corner of Quadea Road and Flinders Street. A search is now underway to find the driver and passenger of the vehicle.
Inspector Bill Munnee said he did not know why the officer fired his gun. "I will tell you a full and thorough investigation will be conducted by the Internal Affairs Unit to determine whether the discharge of the firearm was lawful," Insp Munnee said.
The three officers involved in the incident have had their guns seized and are being questioned seperately by internal affairs.
Police believe they know who the two women are but have not been able to locate them. They have spent the afternoon searching addresses linked to the car registration and checking nearby hospitals. The car the women were travelling in has been described as a dark-coloured Holden sedan.
SOURCE
Sunday, November 13, 2011
Suing the NSW stormtroopers again, the lawyer of Middle Eastern appearance
ADAM HOUDA says he's had enough. The Sydney lawyer, who specialises in criminal law, has been wrongfully arrested, detained or questioned by NSW police six times in 11 years. Now he is suing the police - for the third time.
In the latest incident, Mr Houda says he was arrested as he walked along a footpath at about 7pm on September 13 in Woods Road, Yagoona. Police deny he was arrested but admit he was spoken to.
Why was he stopped? "Once again they said I was a suspect in a robbery," Mr Houda told The Sun-Herald. And he has no doubt it was because of his Middle Eastern background. Racism, he said, is alive among some police, particularly in the Bankstown area.
A senior lawyer who knows Mr Houda put it bluntly: "The cops don't like the clients he represents or the community he represents."
Mr Houda said he doesn't know whether he is being deliberately targeted. "I don't know what it is - but what are the chances of it happening six times?"
Mostly, he has been arrested in the street wearing casual clothes, sometimes walking with relatives and friends. Other times he has been going to, or returning from, morning or evening prayers. After one arrest he was subjected to a humiliating body search. Several times arresting police have said they thought he was a suspect in a robbery or that he might have been carrying a knife.
He was arrested by the police for the first time in 2000 at Burwood Local Court after an altercation with an officer inside the courthouse. A Supreme Court judge later awarded Mr Houda $145,000 in damages and described the police treatment of him as "shocking".
In an incident on September 16 last year, Mr Houda and two male relatives were walking in Yagoona, near the Sefton Golf Club, just after 8pm. Two plain-clothes constables were patrolling the area in an unmarked car.
As Burwood Local Court later heard, the two officers earlier that evening had been sent an email from a Detective Senior Constable from Bankstown. It stated in part: "Over the last five days there has been an increase in robbery offences in the Chester Hill area and surrounds."
It then detailed four robberies which involved offenders of Middle Eastern appearance between ages 15 and 20. Two of the offences involved knives. The email concluded by saying: "Any groups of young M.E. males numbering from two to five need to have their bona fides checked."
The court heard that the two constables both said simultaneously "that's them" and stopped Mr Houda and his relatives for the purpose of carrying out a knife search. For Mr Houda, this was the fifth time this had happened.
One of the police, Constable Bernard Underwood, told the court Mr Houda had said in an aggressive tone: "Let me guess, we look like the ones who did it." Constable Underwood said he replied: "Well, actually, you do, mate." Mr Houda was charged with two offences - refusing a frisk search and resisting arrest. His two relatives were also charged.
When the matter came before Burwood Local Court recently, Mr Houda was represented by one of Sydney's leading barristers, Phillip Boulten, SC. The court heard that Mr Houda did not look like any of the offenders and, at 35, was clearly not in the right age bracket. It also heard that one of his relatives had grey in his beard.
In a judgment delivered on October 7 and obtained by The Sun-Herald, the magistrate, Michael John Connell, threw out all the charges against the three men and was critical of the actions of the police. "The officers could not have had a reasonable suspicion that the three men were suspects in any of the robberies," he said.
Constable Underwood and a colleague had a "limited knowledge" and a "vague" understanding of the relevant legislation and had exceeded their powers. "When the police act, it is important that they do so in accordance with that legislation," the magistrate said. "Unfortunately, in this case, this did not happen."
Mr Connell said: "At the end of the day, here were three men of Middle Eastern appearance walking along a suburban street, for all the police knew, minding their own business at an unexceptional time of day, in unexceptional clothing, except two of the men had hooded jumpers.
"The place they were in could not have raised a reasonable suspicion they were involved in the robberies, given the distance from them. "There was just as high a probability that the men had done nothing wrong and, more importantly, were not carrying a knife or knives."
That matter, and the latest incident on September 13, form the basis of his coming lawsuit. (The second lawsuit was settled on a confidential basis.)
Mr Houda said on Friday he wanted to put a spotlight on what was happening to him and other members of the Middle Eastern community to try to stop it from taking place.
SOURCE
ADAM HOUDA says he's had enough. The Sydney lawyer, who specialises in criminal law, has been wrongfully arrested, detained or questioned by NSW police six times in 11 years. Now he is suing the police - for the third time.
In the latest incident, Mr Houda says he was arrested as he walked along a footpath at about 7pm on September 13 in Woods Road, Yagoona. Police deny he was arrested but admit he was spoken to.
Why was he stopped? "Once again they said I was a suspect in a robbery," Mr Houda told The Sun-Herald. And he has no doubt it was because of his Middle Eastern background. Racism, he said, is alive among some police, particularly in the Bankstown area.
A senior lawyer who knows Mr Houda put it bluntly: "The cops don't like the clients he represents or the community he represents."
Mr Houda said he doesn't know whether he is being deliberately targeted. "I don't know what it is - but what are the chances of it happening six times?"
Mostly, he has been arrested in the street wearing casual clothes, sometimes walking with relatives and friends. Other times he has been going to, or returning from, morning or evening prayers. After one arrest he was subjected to a humiliating body search. Several times arresting police have said they thought he was a suspect in a robbery or that he might have been carrying a knife.
He was arrested by the police for the first time in 2000 at Burwood Local Court after an altercation with an officer inside the courthouse. A Supreme Court judge later awarded Mr Houda $145,000 in damages and described the police treatment of him as "shocking".
In an incident on September 16 last year, Mr Houda and two male relatives were walking in Yagoona, near the Sefton Golf Club, just after 8pm. Two plain-clothes constables were patrolling the area in an unmarked car.
As Burwood Local Court later heard, the two officers earlier that evening had been sent an email from a Detective Senior Constable from Bankstown. It stated in part: "Over the last five days there has been an increase in robbery offences in the Chester Hill area and surrounds."
It then detailed four robberies which involved offenders of Middle Eastern appearance between ages 15 and 20. Two of the offences involved knives. The email concluded by saying: "Any groups of young M.E. males numbering from two to five need to have their bona fides checked."
The court heard that the two constables both said simultaneously "that's them" and stopped Mr Houda and his relatives for the purpose of carrying out a knife search. For Mr Houda, this was the fifth time this had happened.
One of the police, Constable Bernard Underwood, told the court Mr Houda had said in an aggressive tone: "Let me guess, we look like the ones who did it." Constable Underwood said he replied: "Well, actually, you do, mate." Mr Houda was charged with two offences - refusing a frisk search and resisting arrest. His two relatives were also charged.
When the matter came before Burwood Local Court recently, Mr Houda was represented by one of Sydney's leading barristers, Phillip Boulten, SC. The court heard that Mr Houda did not look like any of the offenders and, at 35, was clearly not in the right age bracket. It also heard that one of his relatives had grey in his beard.
In a judgment delivered on October 7 and obtained by The Sun-Herald, the magistrate, Michael John Connell, threw out all the charges against the three men and was critical of the actions of the police. "The officers could not have had a reasonable suspicion that the three men were suspects in any of the robberies," he said.
Constable Underwood and a colleague had a "limited knowledge" and a "vague" understanding of the relevant legislation and had exceeded their powers. "When the police act, it is important that they do so in accordance with that legislation," the magistrate said. "Unfortunately, in this case, this did not happen."
Mr Connell said: "At the end of the day, here were three men of Middle Eastern appearance walking along a suburban street, for all the police knew, minding their own business at an unexceptional time of day, in unexceptional clothing, except two of the men had hooded jumpers.
"The place they were in could not have raised a reasonable suspicion they were involved in the robberies, given the distance from them. "There was just as high a probability that the men had done nothing wrong and, more importantly, were not carrying a knife or knives."
That matter, and the latest incident on September 13, form the basis of his coming lawsuit. (The second lawsuit was settled on a confidential basis.)
Mr Houda said on Friday he wanted to put a spotlight on what was happening to him and other members of the Middle Eastern community to try to stop it from taking place.
SOURCE
Thursday, November 10, 2011
Top NSW cops in drug cloud
A FORMER superintendent and two other high-ranking cops are among a number of serving and retired police officers under investigation for drug use and supply.
A NSW Police Integrity Commission investigation, codenamed Operation Ischia, is now under way following revelations three senior officers were suspended for failing drug tests after an unofficial police function in Paddington in August. They returned positive tests for illicit substances, including cocaine.
The officers, two holding the rank of inspector, and an Australian Federal Police officer, remain on suspension while investigations continue. A former superintendent of police is also under a cloud of suspicion.
As private hearings began late last month at PIC headquarters in Sydney, the drug inquiry was also widened to include events under- stood to have taken place in Queensland.
In terms of reference spelled out in the commission's annual report, tabled to state parliament late on Tuesday, Operation Ischia is also examining allegations relating to the "release of confidential police information and issues relating to the NSWPF medical discharge system".
Ischia has called on its Queensland counterparts to assist in examining claims illegal activity occurred north of Tweed Heads.
"Forming part of this investigation was a joint agency agreement with the Queensland Crime and Misconduct Commission relating to a number of suspected offences taking place in Queensland," the report states.
A PIC spokeswoman confirmed private hearings were under way but would not say whether they would be followed by public ones.
The NSW Police Force can randomly test officers for drugs but targeted tests are less common and are usually based on intelligence received.
Cases of officers recalled to duty to specifically undergo tests are believed to be rare.
The AFP officer was formerly a NSW police officer, but is now a sky marshal, or air security officer. Such AFP officers are armed and travel incognito on domestic and international flights to deal with violence - including terror attacks.
Earlier this year, Police Commissioner Andrew Scipione condemned drug taking in the police force. "If you take recreational drugs there is no place for you in the NSW Police Force," Mr Scipione said.
SOURCE
A FORMER superintendent and two other high-ranking cops are among a number of serving and retired police officers under investigation for drug use and supply.
A NSW Police Integrity Commission investigation, codenamed Operation Ischia, is now under way following revelations three senior officers were suspended for failing drug tests after an unofficial police function in Paddington in August. They returned positive tests for illicit substances, including cocaine.
The officers, two holding the rank of inspector, and an Australian Federal Police officer, remain on suspension while investigations continue. A former superintendent of police is also under a cloud of suspicion.
As private hearings began late last month at PIC headquarters in Sydney, the drug inquiry was also widened to include events under- stood to have taken place in Queensland.
In terms of reference spelled out in the commission's annual report, tabled to state parliament late on Tuesday, Operation Ischia is also examining allegations relating to the "release of confidential police information and issues relating to the NSWPF medical discharge system".
Ischia has called on its Queensland counterparts to assist in examining claims illegal activity occurred north of Tweed Heads.
"Forming part of this investigation was a joint agency agreement with the Queensland Crime and Misconduct Commission relating to a number of suspected offences taking place in Queensland," the report states.
A PIC spokeswoman confirmed private hearings were under way but would not say whether they would be followed by public ones.
The NSW Police Force can randomly test officers for drugs but targeted tests are less common and are usually based on intelligence received.
Cases of officers recalled to duty to specifically undergo tests are believed to be rare.
The AFP officer was formerly a NSW police officer, but is now a sky marshal, or air security officer. Such AFP officers are armed and travel incognito on domestic and international flights to deal with violence - including terror attacks.
Earlier this year, Police Commissioner Andrew Scipione condemned drug taking in the police force. "If you take recreational drugs there is no place for you in the NSW Police Force," Mr Scipione said.
SOURCE
Wednesday, November 9, 2011
Police inspector stood down over leaving can of dog food on desk
The very idea that revelations of police misbehaviour are wrong is deeply offensive to the community
A CAN of dog food has landed a police inspector in hot water after allegations of inappropriate office behaviour.
The inspector from the Ethical Standards Command allegedly had a disagreement with a co-worker and afterwards left a can of dog food on the person's desk as an insult.
The 44-year-old inspector has been stood down from his position and reassigned to a non-operational area at Police Headquarters until an investigation into his alleged behaviour wraps up.
Queensland Police released a statement saying they expect all officers to perform their duties ethically and professionally.
Calling someone a dog is said to be the worst thing a police officer can call a co-worker because it means they are a snitch or have “dobbed” on them for doing something.
SOURCE
The very idea that revelations of police misbehaviour are wrong is deeply offensive to the community
A CAN of dog food has landed a police inspector in hot water after allegations of inappropriate office behaviour.
The inspector from the Ethical Standards Command allegedly had a disagreement with a co-worker and afterwards left a can of dog food on the person's desk as an insult.
The 44-year-old inspector has been stood down from his position and reassigned to a non-operational area at Police Headquarters until an investigation into his alleged behaviour wraps up.
Queensland Police released a statement saying they expect all officers to perform their duties ethically and professionally.
Calling someone a dog is said to be the worst thing a police officer can call a co-worker because it means they are a snitch or have “dobbed” on them for doing something.
SOURCE
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