Another thug W.A. cop?
They've got a video of the incident so that's what has forced a trial. She would have been ignored otherwise
Note that they have followed the usual police coverup strategy -- charging the victim of assaultiung THEM
A YOUNG woman has told a Perth court that a police officer grabbed her by the throat and slammed to the ground as he made an arrest at a music festival three years ago.
Senior Constable Mark Johnson has pleaded not guilty to several charges of assault after the arrest of Penelope Challice at the Spring in the Valley music festival on October 11, 2009.
Nine News reports that Ms Challice today testified that she had had a couple of wines but wasn't drunk when she was evicted from the festival.
Ms Chalice alleged that she was charged at by two officers before Sen Const Johnson grabbed her by the throat and wrists, and slammed her to the ground.
Defence lawyer Jock McKenna argued that Ms Challice was verbally abusive and deliberately headbutted the officer, which she denies.
Sen Const Johnson was charged after an internal investigation into a brawl, when Ms Challice was arrested and charged with assault.
Last year, Ms Challice was acquitted of assaulting the officer after a trial in the Midland Magistrate's Court.
Sen Const Johnson is expected to give evidence when the trial continues tomorrow.
SOURCE
Friday, July 27, 2012
Big-spending top cop in W.A.
PREMIER Colin Barnett says he is concerned at details of a Corruption and Crime Commission report about the WA Police Commissioner's corporate credit card expenditure, amid an ongoing investigation.
Today, Mr Barnett confirmed he had received a copy of the CCC report on Sunday and requested Public Sector Commissioner Mal Wauchope review the document - just three weeks before Karl O'Callaghan's contract as police commissioner is due to expire.
"There are some matters in (the report) that do concern me," Mr Barnett said. "I have sent it to the Public Sector Commissioner for him to give me independent advice on it - though I note, and most importantly, that the CCC has found no recommendation or decision of misconduct."
Asked if there was anything that could prevent Mr O'Callaghan's contract from being renewed, Mr Barnett said: "I don't believe there is". "I've asked the Public Sector Commissioner...to give me his advice on that and I expect to see that shortly."
Mr Barnett said he intended to release the report but would give Mr O'Callaghan an opportunity to respond before making it public.
In June, the CCC cleared Mr O'Callaghan over allegations he was not truthful in evidence and media statements about the Perth Hills fires last year. The CCC found no misconduct into his corporate credit card use, but did not make the report public at the time.
It is understood some of the credit card issues involved a trip Mr O'Callaghan made to Broome last year.
Today, Mr O'Callaghan said the Premier had not conveyed any concerns to him. "I think there may be some issues following out of that report in so far as other people are concerned but not me perhaps," he said.
Mr O'Callaghan said he was not frustrated by his looming contract expiry, saying any renewal was a decision for the Premier. "I think we have got the Corruption and Crime Commission to blame for this, not the Premier. They've taken a long time to deliver it after all."
Mr O'Callaghan's current contract as police commissioner concludes on August 15.
He said he had not given any consideration to what he might do should his contract not be renewed.
SOURCE
PREMIER Colin Barnett says he is concerned at details of a Corruption and Crime Commission report about the WA Police Commissioner's corporate credit card expenditure, amid an ongoing investigation.
Today, Mr Barnett confirmed he had received a copy of the CCC report on Sunday and requested Public Sector Commissioner Mal Wauchope review the document - just three weeks before Karl O'Callaghan's contract as police commissioner is due to expire.
"There are some matters in (the report) that do concern me," Mr Barnett said. "I have sent it to the Public Sector Commissioner for him to give me independent advice on it - though I note, and most importantly, that the CCC has found no recommendation or decision of misconduct."
Asked if there was anything that could prevent Mr O'Callaghan's contract from being renewed, Mr Barnett said: "I don't believe there is". "I've asked the Public Sector Commissioner...to give me his advice on that and I expect to see that shortly."
Mr Barnett said he intended to release the report but would give Mr O'Callaghan an opportunity to respond before making it public.
In June, the CCC cleared Mr O'Callaghan over allegations he was not truthful in evidence and media statements about the Perth Hills fires last year. The CCC found no misconduct into his corporate credit card use, but did not make the report public at the time.
It is understood some of the credit card issues involved a trip Mr O'Callaghan made to Broome last year.
Today, Mr O'Callaghan said the Premier had not conveyed any concerns to him. "I think there may be some issues following out of that report in so far as other people are concerned but not me perhaps," he said.
Mr O'Callaghan said he was not frustrated by his looming contract expiry, saying any renewal was a decision for the Premier. "I think we have got the Corruption and Crime Commission to blame for this, not the Premier. They've taken a long time to deliver it after all."
Mr O'Callaghan's current contract as police commissioner concludes on August 15.
He said he had not given any consideration to what he might do should his contract not be renewed.
SOURCE
Thursday, July 26, 2012
Two West Australian cops admit to falsifying records but "No case to answer"!
Go figure! No wonder relations between cops and community are so bad in W.A.
TWO police officers who admitted to falsifying records to avoid a speeding fine have walked free after charges of attempting to pervert the course of justice were thrown out of court today.
Constable Mark Philip Raine and Senior Constable Martine Francina Gesina Baas had been fighting the allegations after they tried to evade a $75 speeding fine, incurred while on duty on August 13, 2010.
The pair, who have since left the force, were captured by a speed camera travelling 7km/h over the 60km/h limit in a marked police car on Stirling Hwy, Cottesloe.
Constable Raine, who was driving, made a false entry in his notebook about conducting a vehicle stop, while his off-sider Sen-Constable Baas made a similar claim on the police radio and computer system.
But last year, police said a review of several seconds of video footage taken by the camera after the alleged offence revealed there were no other cars in sight.
Today, District Court Judge John Staude said the officers, who had each been charged with one count of attempting to pervert the course of justice, had no case to answer.
Outside court, WA Police Union president George Tilbury said the officers should never have been charged and Sen-Constable Baas would fight for her job back.
"There was never enough evidence to support the charge which is why the judge threw the matter out of court,'' Mr Tilbury said.
"The union made a submission to the agency and DPP that there was no case to answer but they still chose to continue with the prosecution.
"These former officers have been treated appallingly and serious questions need to be asked about the decision-making process. "An immediate review is required as this is a clear abuse of process.''
Mr Tilbury said Sen-Constable Baas "desperately'' wanted her job back and called on Police Commissioner Karl O'Callaghan to immediately reinstate her.
But Mr O'Callagahan said the officer would not be re-employed with WA Police. "The officer resigned and police will not re-employ her,'' Mr O'Callaghan said.
"Her conduct that gave rise to the criminal charge was the same conduct that caused police to pursue the Loss of Confidence process against this officer. "The officer admitted falsifying police records and the WA Police cannot allow such conduct.''
Under the Road Traffic Code, police and emergency services personnel are exempt from speeding tickets if the offence occurs during "official duties'' and the driver is taking reasonable care with blue or red flashing lights or a siren.
The investigation into Constable Raine and Sen-Constable Baas sparked an internal affairs review of other suspect cases, where it was believed police had incorrectly "written-off'' speeding fines.
In December, another officer, Kim Vary Rainier, pleaded guilty to attempting to pervert the course of justice after she falsified paperwork to suggest she had been catching up to a vehicle that was being driven erratically when she drove at 72km/h in a 60km/h zone in South Perth in September 2010.
At the time, Judge Staude issued Rainier a spent conviction and fined her $300 [Another tap on the wrist for a crook]
SOURCE
Go figure! No wonder relations between cops and community are so bad in W.A.
TWO police officers who admitted to falsifying records to avoid a speeding fine have walked free after charges of attempting to pervert the course of justice were thrown out of court today.
Constable Mark Philip Raine and Senior Constable Martine Francina Gesina Baas had been fighting the allegations after they tried to evade a $75 speeding fine, incurred while on duty on August 13, 2010.
The pair, who have since left the force, were captured by a speed camera travelling 7km/h over the 60km/h limit in a marked police car on Stirling Hwy, Cottesloe.
Constable Raine, who was driving, made a false entry in his notebook about conducting a vehicle stop, while his off-sider Sen-Constable Baas made a similar claim on the police radio and computer system.
But last year, police said a review of several seconds of video footage taken by the camera after the alleged offence revealed there were no other cars in sight.
Today, District Court Judge John Staude said the officers, who had each been charged with one count of attempting to pervert the course of justice, had no case to answer.
Outside court, WA Police Union president George Tilbury said the officers should never have been charged and Sen-Constable Baas would fight for her job back.
"There was never enough evidence to support the charge which is why the judge threw the matter out of court,'' Mr Tilbury said.
"The union made a submission to the agency and DPP that there was no case to answer but they still chose to continue with the prosecution.
"These former officers have been treated appallingly and serious questions need to be asked about the decision-making process. "An immediate review is required as this is a clear abuse of process.''
Mr Tilbury said Sen-Constable Baas "desperately'' wanted her job back and called on Police Commissioner Karl O'Callaghan to immediately reinstate her.
But Mr O'Callagahan said the officer would not be re-employed with WA Police. "The officer resigned and police will not re-employ her,'' Mr O'Callaghan said.
"Her conduct that gave rise to the criminal charge was the same conduct that caused police to pursue the Loss of Confidence process against this officer. "The officer admitted falsifying police records and the WA Police cannot allow such conduct.''
Under the Road Traffic Code, police and emergency services personnel are exempt from speeding tickets if the offence occurs during "official duties'' and the driver is taking reasonable care with blue or red flashing lights or a siren.
The investigation into Constable Raine and Sen-Constable Baas sparked an internal affairs review of other suspect cases, where it was believed police had incorrectly "written-off'' speeding fines.
In December, another officer, Kim Vary Rainier, pleaded guilty to attempting to pervert the course of justice after she falsified paperwork to suggest she had been catching up to a vehicle that was being driven erratically when she drove at 72km/h in a 60km/h zone in South Perth in September 2010.
At the time, Judge Staude issued Rainier a spent conviction and fined her $300 [Another tap on the wrist for a crook]
SOURCE
Monday, July 9, 2012
Claims of police violence and corruption on the rise in Victoria
ROGUE police have been caught committing almost 300 crimes in three years, and the number of assaults by officers has tripled.
Other dirty deeds by officers who have crossed the line include rapes, sex attacks, manufacturing child pornography, firearms offences, thefts, deceptions, perjury, stalking, drug offences, attempting to pervert the course of justice and having criminal associations.
More than 9500 allegations of criminal acts, bad behaviour and duty failures were made in 2009-11, with one in five allegations levelled at bad apple cops by other police.
Proven assault cases saw police manhandle, choke, kick, head butt, knee, punch and strike their victims with batons, documents released to the Herald Sun under Freedom of Information laws reveal.
The 21 serious and 40 minor assault allegations uphels from 1653 allegations in more than 1100 separate complaints in 2009-11 was almost triple the annual rate of police assaults proven in the previous eight years, when just 25 serious and 56 minor assault allegations were substantiated.
Police command said the total number of complaints was low as a percentage of the more than 750,000 interactions the force's 12,000 operational members have with the public each year, but it took all allegations seriously.
"While we do not believe there is a culture of excessive violence or intimidation within Victoria Police, any substantiated complaint is a cause for concern and will be dealt with appropriately," a spokeswoman said.
"Victoria Police will continue to maintain an uncompromising stance against officers who break the law.
"Any officer found guilty of a criminal offence is subject not only to the punishment of the courts, but is also subject to a thorough internal investigation by the Ethical Standards Department, where depending on the seriousness of the crime they may be dismissed or receive another disciplinary sanctions such as being stripped of rank, pay or promotions."
Lawyers representing victims of police brutality said many bad police escape justice.
"Criminal charges being laid against police for assaults and the like are a rarity," said prominent QC Dyson Hore-Lacy. "Even where close circuit footage is available on occasions, which show blatant assaults, charges have not been substantiated."
THREE CASE STUDIES
GONG LING TANG
NO police have been charged over an appalling incident involving Chinese national Gong Ling Tang, 53, who died on May 13, 2010.
Mr Tang crawled "like a dog" from his cell before he was dumped in a puddle outside Dandenong station on a wet and cold night and an ambulance was called.
CCTV, which has not been released, shows officers standing over him and laughing.
Policewomen can also be seen holding their noses after the man soiled himself while in custody and an officer is believed to have sat in a heated police van to watch the man before an ambulance arrived.
MONICA HENNIG
THE Ethical Standards Department is investigating after CCTV footage from a Dandenong police station cellsshowed Monica Hennig being doused with capsicum spray and man-handled.
Ms Hennig, 47, is suing the force, claiming a sergeant "wrongfully abused his official power and that her rights, physical integrity and person safety were disregarded" during the incident in May, 2009.
Senior police say the officer feared he was about to be assaulted. No charges have been laid to date.
TIM VIVODA
BONSAI gardener Tim Vivoda was allegedly punched in the face at Ringwood police station by a leading senior constable as he was being processed to into the cells in 2008.
He has filed a statement of claim alleging the constable abused his power and attempted to pervert the course of justice.
CCTV footage shows an officer step back and punch Mr Vivoda in the face after he attempts to push past him to the exit.
Mr Vivoda, 41, was locked up and charged with assaulting police - a charge of which he was cleared.
More than 100 assault allegations against police were unable to be determined in 2009-11, with 334 others withdrawn or not proceeded with. Officers were exonerated of 33 allegations, with 1114 others determined to be "not substantiated", "unfounded" or having "no complaint" to answer.
Proven cases of cops behaving badly - making threats, indecent behaviour, abuse, being aggressive, insulting, intimidating, harassing and behaving improperly - have also risen, with almost five cases a fortnight upheld in 2009-11. And two officers a week on average are caught failing to do their duty, also up from the previous eight years.
The only significant decline were sex assault allegations, with six offences substantiated from 58 complaints in the past three years, and 35 proven cases the previous eight years.
Police Association secretary Greg Davies said the figures showed complaints were "registered, investigated and taken seriously.
"In the same period we have had in excess of 8000 assaults on police."
"These people are entitled to make complaints. Some of them are legitimate, some are spurious.
But he did not agree a new independent investigating body was needed.
"At least with the data being gathered people can rest assured their complaints are registered, investigated and taken seriously.’’
The 9547 specific allegations probed by the force's ethical standards department were made in 5170 separate complaints - an average of more than 33 every week.
The public made 7113 allegations, other police 1897 and 536 were forwarded from other bodies including the Ombudsman and Office of Police Integrity.
Complaints were made - and upheld - against all police ranks, from senior command to recruits, reservists and public servants.
Two in five public complaints were upheld in some fashion, compared to three in five internal allegations; and public complaints were twice as likely (two in five) to be dismissed.
In all, 907 allegations against police were substantiated - six a week. In 37 other cases lesser charges were upheld, 37 cases were conciliated and 2856 were resolved to the satisfaction of complainants.
Another 872 were determined to be unfounded, 1714 could not be substantiated, 14 were false reports and 126 officers were exonerated.
The remaining allegations were not resolved (763); could not be determined (445); involved members who could not be identified (444); were withdrawn (280); were not proceeded with (203); or were not finalised (nine).
SOURCE
ROGUE police have been caught committing almost 300 crimes in three years, and the number of assaults by officers has tripled.
Other dirty deeds by officers who have crossed the line include rapes, sex attacks, manufacturing child pornography, firearms offences, thefts, deceptions, perjury, stalking, drug offences, attempting to pervert the course of justice and having criminal associations.
More than 9500 allegations of criminal acts, bad behaviour and duty failures were made in 2009-11, with one in five allegations levelled at bad apple cops by other police.
Proven assault cases saw police manhandle, choke, kick, head butt, knee, punch and strike their victims with batons, documents released to the Herald Sun under Freedom of Information laws reveal.
The 21 serious and 40 minor assault allegations uphels from 1653 allegations in more than 1100 separate complaints in 2009-11 was almost triple the annual rate of police assaults proven in the previous eight years, when just 25 serious and 56 minor assault allegations were substantiated.
Police command said the total number of complaints was low as a percentage of the more than 750,000 interactions the force's 12,000 operational members have with the public each year, but it took all allegations seriously.
"While we do not believe there is a culture of excessive violence or intimidation within Victoria Police, any substantiated complaint is a cause for concern and will be dealt with appropriately," a spokeswoman said.
"Victoria Police will continue to maintain an uncompromising stance against officers who break the law.
"Any officer found guilty of a criminal offence is subject not only to the punishment of the courts, but is also subject to a thorough internal investigation by the Ethical Standards Department, where depending on the seriousness of the crime they may be dismissed or receive another disciplinary sanctions such as being stripped of rank, pay or promotions."
Lawyers representing victims of police brutality said many bad police escape justice.
"Criminal charges being laid against police for assaults and the like are a rarity," said prominent QC Dyson Hore-Lacy. "Even where close circuit footage is available on occasions, which show blatant assaults, charges have not been substantiated."
THREE CASE STUDIES
GONG LING TANG
NO police have been charged over an appalling incident involving Chinese national Gong Ling Tang, 53, who died on May 13, 2010.
Mr Tang crawled "like a dog" from his cell before he was dumped in a puddle outside Dandenong station on a wet and cold night and an ambulance was called.
CCTV, which has not been released, shows officers standing over him and laughing.
Policewomen can also be seen holding their noses after the man soiled himself while in custody and an officer is believed to have sat in a heated police van to watch the man before an ambulance arrived.
MONICA HENNIG
THE Ethical Standards Department is investigating after CCTV footage from a Dandenong police station cellsshowed Monica Hennig being doused with capsicum spray and man-handled.
Ms Hennig, 47, is suing the force, claiming a sergeant "wrongfully abused his official power and that her rights, physical integrity and person safety were disregarded" during the incident in May, 2009.
Senior police say the officer feared he was about to be assaulted. No charges have been laid to date.
TIM VIVODA
BONSAI gardener Tim Vivoda was allegedly punched in the face at Ringwood police station by a leading senior constable as he was being processed to into the cells in 2008.
He has filed a statement of claim alleging the constable abused his power and attempted to pervert the course of justice.
CCTV footage shows an officer step back and punch Mr Vivoda in the face after he attempts to push past him to the exit.
Mr Vivoda, 41, was locked up and charged with assaulting police - a charge of which he was cleared.
More than 100 assault allegations against police were unable to be determined in 2009-11, with 334 others withdrawn or not proceeded with. Officers were exonerated of 33 allegations, with 1114 others determined to be "not substantiated", "unfounded" or having "no complaint" to answer.
Proven cases of cops behaving badly - making threats, indecent behaviour, abuse, being aggressive, insulting, intimidating, harassing and behaving improperly - have also risen, with almost five cases a fortnight upheld in 2009-11. And two officers a week on average are caught failing to do their duty, also up from the previous eight years.
The only significant decline were sex assault allegations, with six offences substantiated from 58 complaints in the past three years, and 35 proven cases the previous eight years.
Police Association secretary Greg Davies said the figures showed complaints were "registered, investigated and taken seriously.
"In the same period we have had in excess of 8000 assaults on police."
"These people are entitled to make complaints. Some of them are legitimate, some are spurious.
But he did not agree a new independent investigating body was needed.
"At least with the data being gathered people can rest assured their complaints are registered, investigated and taken seriously.’’
The 9547 specific allegations probed by the force's ethical standards department were made in 5170 separate complaints - an average of more than 33 every week.
The public made 7113 allegations, other police 1897 and 536 were forwarded from other bodies including the Ombudsman and Office of Police Integrity.
Complaints were made - and upheld - against all police ranks, from senior command to recruits, reservists and public servants.
Two in five public complaints were upheld in some fashion, compared to three in five internal allegations; and public complaints were twice as likely (two in five) to be dismissed.
In all, 907 allegations against police were substantiated - six a week. In 37 other cases lesser charges were upheld, 37 cases were conciliated and 2856 were resolved to the satisfaction of complainants.
Another 872 were determined to be unfounded, 1714 could not be substantiated, 14 were false reports and 126 officers were exonerated.
The remaining allegations were not resolved (763); could not be determined (445); involved members who could not be identified (444); were withdrawn (280); were not proceeded with (203); or were not finalised (nine).
SOURCE
Friday, July 6, 2012
CMC recommends police consider disciplinary action against Qld. officer in Queen St Mall arrest
A SECOND police officer faces repercussions for allegedly using excessive force during the arrest of a homeless man in Brisbane's Queen Street Mall six years ago.
The Crime and Misconduct Commission has recommended disciplinary action be considered against the arresting officer, Constable Robert Kemper, as well as Constable Benjamin Arndt who was found guilty in the Brisbane Magistrate's Court last year of assaulting Bruce Rowe, then 65.
The dramatic arrest of Mr Rowe on July 9, 2006, who was kneed repeatedly by Constable Arndt while he was lying on the ground, was captured by CCTV footage and led to a landmark private prosecution of Arndt.
It was Queensland's first successful private prosecution. Arndt was fined $1000 but no conviction was recorded. The Queensland Police Union paid his fine and unsuccessfully appealed the case in the District Court last year.
Mr Rowe, who has turned his life around and is renting a flat in Ascot, said he was disgusted Constable Arndt remained in the police force.
He welcomed the recommendation of disciplinary action against Constable Kemper for allegations of unlawful arrest and excessive force but remains angry at the justice system.
"Arndt's still out there, as a police officer and the police union paid his fine, it's a joke," Mr Rowe said. Other unrelated allegations brought by Mr Rowe of misconduct by police officers were dismissed by the CMC.
Earlier this year, The Courier-Mail published CCTV footage of a 22-year-old chef, Noa Begic, allegedly being assaulted by police in the Surfers Paradise police station after being arrested for public nuisance and obstructing police.
The charges against Mr Begic have since been dropped by the police and two officers seen in the footage are being investigated by the Ethical Standards Command.
The Queensland Police Service said it was assessing the CMC's report. It said there were a range of disciplinary options available but would not list them.
SOURCE
A SECOND police officer faces repercussions for allegedly using excessive force during the arrest of a homeless man in Brisbane's Queen Street Mall six years ago.
The Crime and Misconduct Commission has recommended disciplinary action be considered against the arresting officer, Constable Robert Kemper, as well as Constable Benjamin Arndt who was found guilty in the Brisbane Magistrate's Court last year of assaulting Bruce Rowe, then 65.
The dramatic arrest of Mr Rowe on July 9, 2006, who was kneed repeatedly by Constable Arndt while he was lying on the ground, was captured by CCTV footage and led to a landmark private prosecution of Arndt.
It was Queensland's first successful private prosecution. Arndt was fined $1000 but no conviction was recorded. The Queensland Police Union paid his fine and unsuccessfully appealed the case in the District Court last year.
Mr Rowe, who has turned his life around and is renting a flat in Ascot, said he was disgusted Constable Arndt remained in the police force.
He welcomed the recommendation of disciplinary action against Constable Kemper for allegations of unlawful arrest and excessive force but remains angry at the justice system.
"Arndt's still out there, as a police officer and the police union paid his fine, it's a joke," Mr Rowe said. Other unrelated allegations brought by Mr Rowe of misconduct by police officers were dismissed by the CMC.
Earlier this year, The Courier-Mail published CCTV footage of a 22-year-old chef, Noa Begic, allegedly being assaulted by police in the Surfers Paradise police station after being arrested for public nuisance and obstructing police.
The charges against Mr Begic have since been dropped by the police and two officers seen in the footage are being investigated by the Ethical Standards Command.
The Queensland Police Service said it was assessing the CMC's report. It said there were a range of disciplinary options available but would not list them.
SOURCE
Subscribe to:
Posts (Atom)