Sunday, February 12, 2017
An outback Queensland police officer has avoided a conviction for pulling a gun on a speeding motorist while he was suffering from PTSD
Senior Constable Stephen Flanagan was on Friday fined $1500 for assaulting motorist Lee Povey outside Longreach in May 2015.
Flanagan was captured on dash-cam video screaming "f***ing pull over now, c***" and drew his gun on Mr Povey as he threatened to "put a f***ing hole in you".
The 46-year-old officer was in December 2016 found guilty of common assault and deprivation of liberty by Brisbane Magistrate Paul Kluck.
Mr Kluck found Flanagan was motivated by his condition and anger rather than a belief that Mr Povey had a gun or that the car was stolen.
But the court heard on Friday it was not uncommon for people with post-traumatic stress disorder to be unaware they have the condition or the extremity of their reactions.
Prosecutor Jodie Wooldridge said Flanagan's behaviour had a "significant" impact on Mr Povey, who feared his complaint about a gun-wielding police officer would not be taken seriously. "It was an abuse of trust that had been placed in him by the Queensland police service and the community," Ms Wooldridge said.
Barrister Stephen Zillman said Flanagan, who has been a police officer since he was 19, would find himself on the "employment scrapheap" if he lost his job over the incident. "That's been his life," Mr Zillman said.
Mr Kluck said he would not record a conviction but it was up to the police disciplinary board if Flanagan kept his job.
Flanagan is appealing the guilty finding.
<a href="http://www.news.com.au/national/breaking-news/guntoting-outback-cop-fined-for-assault/news-story/e1750269eaa3a51a97e8e92990e31a76">SOURCE</a>
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