Innocent cop fired by politically correct NT police

He had to be fired to please Aborigines

Zachary Rolfe has been dismissed by the Northern Territory Police Force despite being acquitted of murder over the shooting death of an Aboriginal teenager.

Mr Rolfe shot Warlpiri-Luritja man Kumanjayi Walker dead during a botched arrest in November 2019 at the remote community of Yuendumu, 300 kilometres north-west of Alice Springs.

A statement issued by NT Police on April 4 confirmed Mr Rolfe was sacked 'due to serious breaches of discipline'.

'A 31-year-old male police officer has been dismissed from the Northern Territory Police Force effective 4th April 2023,' the statement read.

'The officer was dismissed under section 78 of the Police Administration Act 1978 due to serious breaches of discipline during their policing career.'

Mr Rolfe, a former constable, was charged with Mr Walker's murder three days after his death on November 9, 2019, but was acquitted in March 2022.

Four NT police officers arrived at Yuendumu to arrest Mr Walker but the 19-year-old resisted, stabbing Mr Rolfe in the shoulder with a pair of surgical scissors. 

In response Mr Rolfe's partner Adam Eberl punched Mr Walker in the head, then Mr Rolfe struck the boy in the face, before firing his Glock pistol into Mr Walker's back.

Mr Rolfe shot Mr Walker two more times in the torso. A post-mortem examination would later determine either the second or third shot killed him.

The jury that acquitted Mr Rolfe heard that he acted in good faith, in the reasonable performance of his duties and in the defence of himself and his policing partner in firing his gun after being stabbed.

The ABC reported that Mr Rolfe's dismissal may be linked to his 2,500-word open letter, which was published online in February.

In it Mr Rolfe claimed he would have 'got a medal' for his actions if the incident had occurred in another state. 

The letter was critical of police leadership and the continuing coronial inquest into Mr Walker's death. 

Meanwhile, Mr Rolfe's father, Robert Rolfe, called out Police Commissioner Jamie Chalker, saying the territory's top cop 'must go'.

Mr Rolfe claimed a 'petty vendetta' led to his son's dismissal.  'We can’t allow Chalker to keep on getting rid of good police officers,' Mr Rolfe told Sky News Australia.

Mr Rolfe sr also claimed 'the government have now lost confidence in Chalker'.

https://www.dailymail.co.uk/news/article-11936685/Zachary-Rolfe-shot-Aboriginal-teenager-Kumanjayi-Walker-dead-2019-sacked-NT-Police.html

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I’d have got a medal’: Zachary Rolfe has last word as he flies out

He was a victim of political correctness.  Blacks are sacrosanct.  If the thug he shot had been white, nothing would have been said

Northern Territory police officer Zachary Rolfe – who fatally shot Indigenous teenager Kumanjayi Walker at Yuendumu – has left the country after claiming that in any other jurisdiction he would have “got a medal” for protecting his partner’s life instead of being painted as a “violent thug”.

Constable Rolfe flew out of Canberra on Thursday after sharing a 2500-word open letter accusing the NT police, coroner and her counsel assisting of trying to publicly vilify him during the “biased” coronial inquest into Walker’s death, which is due to resume next week.

The 31-year-old also accused Police Commissioner Jamie Chalker of refusing to meet with him and called for his resignation.

In the letter, obtained by The Australian, Constable Rolfe says Walker was a violent abuser who tried to kill him and his police partner, Adam Eberl, when their specialist unit was deployed to Yuendumu to arrest him for attacking their colleagues with an axe.

“Walker was a young man with a violent past who abused many in his community, including young girls and boys,” he said. “When he tried to kill my partner and I … I did not think about his race, upbringing or his past trauma, I thought about defending my partner’s life, and that’s what I did.

“In a different state, I would have got a medal for it, and none of you would ever have known my name.”

Constable Rolfe apologised for sending offensive text messages that have been ventilated at the inquest but claims the communications were cherrypicked from thousands extracted from his phone and honed in on at the inquest in a deliberate attempt to paint him as “a racist, violent cop”.

“They had access to every single one of my messages and knew that I did not treat a single race differently from others. In private, I talked shit about nearly every group at times,” he said.

“Yet they released just a tiny snippet to make me out to be a racist. The parties knew that the messages had nothing to do with the death of Kumanjayi Walker.

“They knew the damage they would do once in public – they would hurt the community, the police force and the relationship between them – but they didn’t care. If the coronial’s goal was to ‘heal’, it has failed.”

Constable Rolfe, who grew up in Canberra, said the investi­gations into his actions at Yuendumu on November 9, 2019 had been “blatantly biased”.

“If all you know of me is through the media then you see me as a violent thug, an ex-soldier with a past,” he said.

The former infantry soldier – who deployed to Afghanistan – defended his policing record, ­saying he spent three years ­“protecting people” in Alice Springs before being charged with Walker’s murder. “I was a good cop; I loved the job,” he said. “I did it because I wanted to help people who needed help, to protect those who needed protection; I was good at it.”

He said his three years policing in Alice Springs were spent helping hungry children he found wandering the streets at 3am, stopping teens from committing suicide and protecting the community from violent offenders.

“You don’t see all the countless people I’ve done my best to help,” he said. “I was in the job to protect people, but if you were a violent offender, causing others harm, or you tried to prevent me doing my job to protect and defend, I make no apologies for doing my job.”

Constable Rolfe said police investigating his murder charge ignored advice from the DPP regarding their use of expert witnesses. The Australian has seen a police coronial report, the subject of a coronial non-­publication order, that substantiates this claim.

“After arresting me for murder and attempting to put me behind bars for 25 years, the NT police finalised their investigation into the shooting and decided that the only outcome is remedial advice, which I have received via email,” he said.

“Millions of dollars, thousands of wasted hours, exacerbated trauma for families and community, only for the result to be an email to me providing me with remedial advice – which doesn’t even count as a formal disciplinary breach.

“Despite this, the coronial focus is still on me rather than on areas that could improve the circumstances of the NT.”

Constable Rolfe said two weeks ago the executive tried to “medically retire” him on mental health grounds – despite a police psychologist recently clearing him to return to work – and have since served him with a new disciplinary notice for speaking to Channel 7’s Spotlight program in March last year after he was acquitted of all charges related to Walker’s death.

“As for me, I will continue to help people who need help and protect those who need to be protected; if it’s not in the police, it’ll be somewhere else,” he said. “I’ll live my life knowing I have the loyalty of those I worked with and those who know me … I was a good cop, my integrity is intact, and I am proud of that.”

Coroner Elisabeth Armitage this month extended the inquest to include two more sitting weeks from July 31 and August 21 in an attempt to get Constable Rolfe on the stand should he lose his appeal, being heard on April 11, against a decision compelling him to answer certain categories of questions.

On Thursday night, Richard Rolfe told The Australian he knew where his son was but not when or if he was coming home. “He’s gone overseas to try to deal with the trauma he’s suffered and the continuing attacks by the coroner and commissioner,” he said.

https://www.theaustralian.com.au/nation/politics/im-no-violent-thug-runaway-rolfe-skips-coronial-inquest/news-story/12272cff2fe03d1a7f6d8aeedb6ef00b

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Washing machine repairman wrongly targeted as a suspect in the William Tyrrell investigation is awarded almost $1.5MILLION in damages

Crooked cops again

A washing machine repairman who was wrongly named as a high-profile suspect in the investigation into William Tyrrell's disappearance will receive almost $1.5million in compensation.

Bill Spedding sued the NSW Police alleging detectives maliciously pursued him while investigating the disappearance of the three-year-old from his foster grandmother's home in Kendall, on the NSW north coast, on September 12, 2014.

His case before the NSW Supreme Court sought compensation for reputational harm and psychological treatment. Mr Spedding also sought exemplary damages to punish police for purportedly using the courts for an improper purpose.

The tradesman was an early high-profile suspect in the disappearance, with police searching Mr Spedding's Bonny Hills home and draining his septic tank in January 2015. But they found no evidence linking him to William. 

Bill Spedding was awarded almost $1.5 million in damages after suing the NSW Police Force for malicious prosecution. Above, outside court on Thursday with his wife Margaret

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Bill Spedding was awarded almost $1.5 million in damages after suing the NSW Police Force for malicious prosecution. Above, outside court on Thursday with his wife Margaret

A coronial inquest later found Mr Spedding had an alibi on the day of William's disappearance. He was attending a school assembly for a child in his care that day, and had a receipt from a nearby coffee shop. 

During the police investigation into Mr Spedding, the tradesman was charged in April 2015 over the historical child abuse claims, spending 56 days in custody and then being released on strict bail conditions.

The charges were later dropped by prosecutors. 

Mr Spedding alleged that the charges were levelled against him in a bid to intimidate and place pressure on him. 

Mr Spedding's lawyers claimed a police investigation prior to those charges being laid was 'done in extreme haste' in three or four weeks. 

'The investigation was not in any way professional, careful or proper,' said Mr Spedding's lawyer Adrian Canceri during closing submissions in August.

Mr Spedding has claimed the anxiety and depression he suffers were caused by the prosecution and the public attention it brought.

Clear evidence emerged that the complainants had been coached by another person to make allegations and another person's evidence undermined the case, Justice Harrison heard.

Barrister Adrian Williams, for the State of NSW, had argued that misunderstandings occurred but it didn't follow that police were acting maliciously.

William Tyrrell has never been found

https://www.dailymail.co.uk/news/article-11488251/William-Bill-Spedding-awarded-1-5million-damages-malicious-prosecution.html

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Police officer who shot and killed Gabriel Messo may have committed homicide, coroner says

Stupid armchair criticism of a split-second decision

A junior police officer who gunned down a man as he savagely stabbed his own mother in broad daylight may have committed homicide, according to Victoria's coroner, who has referred the case to state prosecutors.

Gabriel Messo died after being shot three times by a Victoria Police officer who confronted him as he brutally attacked his mother in a public park in Melbourne's north-west about two years ago.

The assault was so ferocious that his mother, Lilla Messo, lost an eye and developed an acquired brain injury. She ultimately survived the attack.

Mr Messo's death was being investigated by the Victorian State Coroner John Cain, who today found that the first two shots fired by Constable Emmanuel Andrew was an acceptable use of force.

"The level of force used was not disproportionate to Constable Andrew's objective to prevent the assault from continuing and to protect Lilla from really serious injury," Judge Cain said.

But Judge Cain said he was "gravely concerned" about the third shot which was fired just five seconds after Gabriel Messo, who was by that point unarmed, had stopped attacking his mother and was moving away from police as he clutched his torso.

"I have formed a belief to the requisite standard that an indictable offence may have been committed by Constable Andrew in connection with Gabriel's death," Judge Cain said.

"The indictable offences I have formed a belief to the requisite standard include but are not limited to … of homicide, causing serious injury intentionally, conduct endangering life or assault."

He has referred the case to Victoria's director of public prosecutions, who will ultimately decide whether to criminally charge Constable Andrew.

Victoria Police Chief Commissioner Shane Patton said he was confident prosecutors would assess whether to lay charges as quickly as possible.

"We will await the findings in due course," the chief commissioner said.

"I know this will be an incredibly difficult time for the member involved and Victoria Police will continue to support him during this process."

Police union backs officers involved in Messo shooting

Police Association of Victoria secretary Wayne Gatt strongly condemned the coroner's findings and said the two police officers attending the Gladstone Park assault had made the right decision.

"We've got a decision to make as a community in Victoria. I can tell you now, police forces around the world are being roundly criticised for attending scenes and doing nothing," Mr Gatt said.

"These officers did something. They went and saved the life of a Victorian, a vulnerable Victorian who had been assaulted there for 17 minutes."

Mr Gatt said the situation needed to be quickly resolved by prosecutors for the benefit of police officers who had been "tormented" by the years-long wait.

He said that he had spoken to both officers and they were shocked by the coroner's findings.

"Does that make us angry? Yes it does," he said.

"Because police officers are asked to do this each and every day, and they shouldn't have to do it under the shadow of this sort of persecution."

Mr Gatt warned the findings could have lasting implications for policing in the state.

"Most people in the community would understand the terrible message this sends to police officers across Victoria," Mr Gatt said.

"Police officers who will get out of their cars and question 'should I rush in and do something or should I sit back, save I be criticised in the cool light of day, years and years later?'"

https://www.abc.net.au/news/2022-12-01/gabriel-messo-coronial-inquest-victoria-police-homicide-finding/101720720

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Police officer who shot and killed Gabriel Messo may have committed homicide, coroner says

Stupid armchair criticism of a split-second decision

A junior police officer who gunned down a man as he savagely stabbed his own mother in broad daylight may have committed homicide, according to Victoria's coroner, who has referred the case to state prosecutors.

Gabriel Messo died after being shot three times by a Victoria Police officer who confronted him as he brutally attacked his mother in a public park in Melbourne's north-west about two years ago.

The assault was so ferocious that his mother, Lilla Messo, lost an eye and developed an acquired brain injury. She ultimately survived the attack.

Mr Messo's death was being investigated by the Victorian State Coroner John Cain, who today found that the first two shots fired by Constable Emmanuel Andrew was an acceptable use of force.

"The level of force used was not disproportionate to Constable Andrew's objective to prevent the assault from continuing and to protect Lilla from really serious injury," Judge Cain said.

But Judge Cain said he was "gravely concerned" about the third shot which was fired just five seconds after Gabriel Messo, who was by that point unarmed, had stopped attacking his mother and was moving away from police as he clutched his torso.

"I have formed a belief to the requisite standard that an indictable offence may have been committed by Constable Andrew in connection with Gabriel's death," Judge Cain said.

"The indictable offences I have formed a belief to the requisite standard include but are not limited to … of homicide, causing serious injury intentionally, conduct endangering life or assault."

He has referred the case to Victoria's director of public prosecutions, who will ultimately decide whether to criminally charge Constable Andrew.

Victoria Police Chief Commissioner Shane Patton said he was confident prosecutors would assess whether to lay charges as quickly as possible.

"We will await the findings in due course," the chief commissioner said.

"I know this will be an incredibly difficult time for the member involved and Victoria Police will continue to support him during this process."

Police union backs officers involved in Messo shooting

Police Association of Victoria secretary Wayne Gatt strongly condemned the coroner's findings and said the two police officers attending the Gladstone Park assault had made the right decision.

"We've got a decision to make as a community in Victoria. I can tell you now, police forces around the world are being roundly criticised for attending scenes and doing nothing," Mr Gatt said.

"These officers did something. They went and saved the life of a Victorian, a vulnerable Victorian who had been assaulted there for 17 minutes."

Mr Gatt said the situation needed to be quickly resolved by prosecutors for the benefit of police officers who had been "tormented" by the years-long wait.

He said that he had spoken to both officers and they were shocked by the coroner's findings.

"Does that make us angry? Yes it does," he said.

"Because police officers are asked to do this each and every day, and they shouldn't have to do it under the shadow of this sort of persecution."

Mr Gatt warned the findings could have lasting implications for policing in the state.

"Most people in the community would understand the terrible message this sends to police officers across Victoria," Mr Gatt said.

"Police officers who will get out of their cars and question 'should I rush in and do something or should I sit back, save I be criticised in the cool light of day, years and years later?'"

https://www.abc.net.au/news/2022-12-01/gabriel-messo-coronial-inquest-victoria-police-homicide-finding/101720720

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Washing machine repairman wrongly targeted as a suspect in the William Tyrrell investigation is awarded almost $1.5MILLION in damages

Crooked cops again

A washing machine repairman who was wrongly named as a high-profile suspect in the investigation into William Tyrrell's disappearance will receive almost $1.5million in compensation.

Bill Spedding sued the NSW Police alleging detectives maliciously pursued him while investigating the disappearance of the three-year-old from his foster grandmother's home in Kendall, on the NSW north coast, on September 12, 2014.

His case before the NSW Supreme Court sought compensation for reputational harm and psychological treatment. Mr Spedding also sought exemplary damages to punish police for purportedly using the courts for an improper purpose.

The tradesman was an early high-profile suspect in the disappearance, with police searching Mr Spedding's Bonny Hills home and draining his septic tank in January 2015. But they found no evidence linking him to William. 

A coronial inquest later found Mr Spedding had an alibi on the day of William's disappearance. He was attending a school assembly for a child in his care that day, and had a receipt from a nearby coffee shop. 

During the police investigation into Mr Spedding, the tradesman was charged in April 2015 over the historical child abuse claims, spending 56 days in custody and then being released on strict bail conditions.

The charges were later dropped by prosecutors. 

Mr Spedding alleged that the charges were levelled against him in a bid to intimidate and place pressure on him. 

Mr Spedding's lawyers claimed a police investigation prior to those charges being laid was 'done in extreme haste' in three or four weeks. 

'The investigation was not in any way professional, careful or proper,' said Mr Spedding's lawyer Adrian Canceri during closing submissions in August.

Mr Spedding has claimed the anxiety and depression he suffers were caused by the prosecution and the public attention it brought.

Clear evidence emerged that the complainants had been coached by another person to make allegations and another person's evidence undermined the case, Justice Harrison heard.

Barrister Adrian Williams, for the State of NSW, had argued that misunderstandings occurred but it didn't follow that police were acting maliciously.

William Tyrrell has never been found

https://www.dailymail.co.uk/news/article-11488251/William-Bill-Spedding-awarded-1-5million-damages-malicious-prosecution.html

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Insane video from the height of the Covid pandemic reveals the absurdity of Australia's overzealous lockdown laws - as a man is thrown to the ground by cops for sitting on a park bench without a mask

In an authoritarian State even sitting on a park bench can be a crime.  More Pol Pot than Soviet, sadly

A newly released video of police body camera footage has exposed the extremes Australia's lockdown laws during the Covid pandemic.  

Two police officers on July 24, last year, approached Edwin Paz, 31, and another unnamed man sitting on a bench in Victoria Park, Camperdown, in Sydney's inner-west.

There had been a Rally 4 Freedom protest in Sydney earlier that day when the virus was spreading rapidly and the Harbour City was under strict stay-at-home orders and mask mandates.

What started out as a general enquiry ended with Paz on the ground shouting out 'I can't breathe', while surrounded by police officers. 

On Tuesday at the Sydney's Downing Centre Local Court, Paz was sentenced to an 18-month community corrections order (CCO) for assaulting an officer and a 12-month CCO for resisting an officer.

He was also fined $2,000 for not wearing a face mask and not complying with a Covid direction.

The footage played in court begins with one of the officers telling Paz their conversation was being 'audio and video recorded' and that he was allowed to do so in a public place. 

Paz refused to cooperate with the police, telling them 'I can't hear ya'.

The officer informs Paz to 'get up and leave or I'm going to place you under arrest.' 

'Are you trying to intimidate me?' Paz asks. 'I do not consent to talk with you, I haven't entered into a contract with ya, so stop speaking with me.' 

Paz then asked the officer what crime had been committed.

The officer replied that 'If you're not within your local LGA (local government area) or you're not exercising, you are not in a public place with a reasonable excuse.'

It later turned out that Paz, who is from Smithfield in Sydney's west, was out of his LGA.

The officer told him he was placing him under arrest and that Paz was also committing an offence by not wearing a face mask. 

Paz said that he didn't have to wear a mask, but would not produce an exemption, which was another reason for getting arrested. 

He then said 'I'm free to do whatever I want, I'm a free man.'

The other officer then spoke and told Paz to stand up so he could be handcuffed, while the first office said they did not want to use force. But they did use force as Paz continued to refuse to cooperate. 

As the police picked him up he can be heard saying 'Don't you dare f****** touch me' and threw a punch at one of the officers.

The scuffle continued for another two minutes as more police officers arrived to help their colleagues. 

After handcuffs were finally put on him, one of the officers said 'We've got control here,' while Paz can be heard saying 'I can't breathe.'

He was then told that he was also under arrest for assaulting police. 

Paz is heard calling the officers 'f****** criminal c***s' after he was handcuffed.

https://www.dailymail.co.uk/news/article-11456817/Police-video-Man-arrested-Sydney-Covid-pandemic-sitting-park-bench-without-mask.html

How former NSW Police Officer Ben Smith was betrayed by the force he once trusted

All due to police fear of feminists

It began with a troubled, young girl infatuated with a slightly older, rising teenage football star, who was popular, good looking and not short of female attention.

The sports star, Benjamin (Ben) Gregory Smith, viewed the girl as a sort of little sister figure. Nothing more.

He had no idea of her secret obsession with him until nearly 20 years later, when it manifested in claims he had sexually assaulted her.

Smith, now 43, had been a NSW police officer for almost 10 years and had joined the Australian Crime and Intelligence Commission (ACIC) as a covert intelligence officer when the by then, grown woman, walked into his former workplace, and made her claims.

The fallout blew apart his life and career as a law enforcement officer and up until then, his steadfast belief in the justice system.

“I no longer trust the police, even though I was one of them,” said Smith.

“The complaint made was complete and utter rubbish. I thought naturally they (the police) would put the jigsaw puzzle together and I honestly believed that the matter would be withdrawn,” Smith said.

But it wasn’t. From that awful moment it took more than three years and two trials, which cost the better part of his family home to finance, for Smith to finally be acquitted of all 14 charges.

The first trial in ended with a hung jury. The second in came in with a unanimous jury verdict of not guilty. While being found innocent brought Smith great relief, the father of three says it did not bring him closure.

That, he says, would only come if action were taken against the detectives involved in the failed prosecution.

“Until people like this are held accountable and made an example of, things like my case will continue to poison and clog our justice system,” he said.

The torturous road to being found innocent laid bare what Smith and his criminal lawyer Danny Eid argue were conflicts of interest and misleading evidence.

The two trials revealed, Smith and Eid argue, the investigating detectives had not disclosed exculpatory evidence that negated the woman’s allegations, had not undertaken a proper investigation and had lied about evidence from material witnesses.

“I still to this day believe that they jumped the gun way too early and or were forced to lock me up by a senior police officer,” Smith said.

Mr Eid is adamant if police had done their job properly in the first place, Smith would never have been charged.

But Smith’s ordeal is not over. His attempts to raise complaints with the police watchdog, the Law Enforcement Conduct Commission (LECC), about the conduct of the detectives have become nothing more than a Catch 22 situation.

His complaint in March 2021 was referred back to the same police command he was complaining about - to investigate themselves. The police declined to investigate a number of complaints and found the others were not substantiated.

The failure of police complaint processes has been the subject of widespread criticism recently.

Samantha Lee, the head of Redfern Legal Centre’s police accountability practice has said the complaints system is failing to provide just outcomes and is perpetuating “an insidious culture of impunity among police.”

Gregor Husper, the principal lawyer for the Inner Melbourne Community Legal Police Accountability Project said the lessons for police investigating colleagues are universal.

“The Police Accountability Project has long advocated about the failings of police investigating themselves, and the resultant lack of accountability and risks of police impunity,” said Mr Husper.

“Misconduct needs to be independently investigated by a body like a Police Ombudsman, otherwise rogue behaviour by police will never be addressed.”

THE COMPLAINT

It is hard to imagine that police could get it so wrong, but right from the get go there were glaring problems with the allegations of sexual assault against Smith.

Senior law enforcement officials openly comment there is a current culture of prosecuting all sex assault allegations and letting the accused beat it - for fear of being criticised publicly for not doing enough.

Barrister Greg Barns SC, the National Justice Spokesman for the Australian Lawyers Alliance, agrees and said the case is an illustration of a trend which has gone from one extreme to the other.

“The police have gone from too readily disbelieving female complainants, to the other extreme where cases are often put up with inadequate forensic investigation, and that is not helpful to anyone, said Mr Barnes.

It is a culture and attitude that might explain what happened to Smith. But in his case NSW police took this to a new level.

The detectives charged Smith in December 2016 without conducting prudent cursory investigative background checks of the woan’s allegations, according to Mr Eid.

The detectives did not interview Smith before he was charged. They also failed to take a statement from the only “eye witness” nominated by the complainant before charging Smith.

If they had, the police would have discovered the eyewitness instead of corroborating her allegations - actually negated the woman’s claims, Mr Eid believes.

The detective on the case also failed to interview a second witness who could have given important information about the woman at the time she alleged she was sexually assaulted.

If the police had bothered to check the dates the woman said he assaulted her, they would have found Smith was not even the same postcode at the time.

At least seven of the 14 offences she accused him of were at a time he was suffering from a broken leg and Medicare records proved he was hundreds of miles away.

At this point, Smith said they should have been critically assessing the complaint.

“Our job as police is not to run cases with no evidence, Smith said.

“It was sickening to think that the police and the local area command that I worked at could attempt to create a narrative, rather than a search for the truth and the facts, to try and have me convicted of something I did not do.”

https://www.couriermail.com.au/truecrimeaustralia/behindthescenes/how-former-nsw-police-officer-ben-smith-was-betrayed-by-the-force-he-once-trusted/news-story/9951436fb94e0c6ec0ce01f5b30e4c92

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Dwayne Johnstone murder trial jury told officer acted lawfully when he shot shackled Indigenous man

A jury has been told a NSW Corrections officer was acting lawfully when he shot and killed a shackled Indigenous man outside the Lismore Base Hospital. 

The accused man, who is referred to as Officer A for legal reasons, is standing trial for the murder of 43-year-old Dwayne Johnstone on the evening of March 15, 2019.

He has pleaded not guilty to the charge.

The court has heard Mr Johnstone was handcuffed and had restraints on his ankles at the time. 

The jury heard the officer fired three shots as Mr Johnstone tried to flee, and twice shouted out "stop or I'll shoot". 

The third shot hit Mr Johnstone in the back and he died in hospital a short time later.

Defence barrister Philip Strickland SC told the court on Monday the regulations surrounding when a Corrections officer could discharge a firearm were clear.

"A correctional officer may discharge a firearm if the officer believes on reasonable grounds that it is necessary to do so in order to prevent the escape of an inmate," he said.

"You may agree with this law or you may disagree with it, you may think it gives officers too much power, but I urge you if you do think that then disregard it. "It doesn't matter if you like the law or you don't like the law."

The defence barrister told the court the drama played out over the course of 11 or 12 seconds. ''He had to make, in a few seconds, a decision of momentous consequence," Mr Strickland said.

The court was told Mr Johnstone was "desperate to escape" and a nurse at the Lismore Base Hospital thought he was overheard offering someone "10 grand if you help me get away".

The court was told the nurse did not alert authorities because they were unsure if they had heard correctly.

Crown prosecutor Ken McKay has argued Mr Johnstone posed no risk to any person and Officer A had no lawful excuse to shoot him. "What you have here is an unarmed offender, in restraints, not posing an immediate threat to anyone," he said.

Mr McKay told the jury corrections officers were trained to make split-second decisions, to always seek a peaceful outcome and to use a firearm as a last resort. "A firearm is the most lethal weapon in the Corrective Services armoury because it has the potential to kill," Mr McKay said.

"You would have no reasonable doubt that the accused intended to inflict really serious bodily harm on the deceased."

The trial continues next week.

https://www.abc.net.au/news/2022-11-04/dwayne-johnstone-murder-trial-jury-police-lawful-shot-man/101618570

Domestic violence inquiry has exposed toxic culture in Queensland police force

 

For all the tea in China, I wouldn’t be a cop. Dealing with the dregs of society, going to work each day with the possibility of being killed, working shifts that affect sleep patterns … the list of drawbacks is endless.

But there’s a darker, more sinister side to being a police officer in Queensland – especially if you’re a woman.

The revelations emerging from a police inquiry into the service’s responses to domestic violence have exposed a deeper malaise.

This is a cohort of people who have lost their way. They’ve lost their identity. They are a police service lacking leadership, where the modern realisations of a safe workplace are colliding with the seedy traditions of yesteryear.

Reading the evidence is like watching an episode of Mad Men, where the misogynistic ways of men in the 1960s are laid bare. Women are merely seen as sex objects.

The Queensland police service is facing a cultural tsunami and the so-called Old Guard are being decapitated, one by one.

The question that the good folk of Queensland need to be asking today is – if certain male police officers treat their female counterparts in this oafish and belligerent way, what hope does the citizen in the street have against such poor behaviour?

If a cop has no regard for his colleagues, how does he handle law-abiding citizens?

When Police Commissioner Katarina Carroll took over the top job three years ago, she knew there would be difficult days.

Yet this inquiry is a long-running horror movie. The Commission of Inquiry has unearthed our worst fears. It has revealed a police service that has not kept pace with the morals and ethics required of a 21st century organisation.

The toxic culture and lack of manners among some of the mostly male officers is embarrassing, and deeply divisive.

It does nothing to instil confidence and it hurts those who treat the job seriously, and who behave responsibly. It seems for every good cop, there’s a bad cop.

Ms Carroll is dealing with a culture among the men towards female officers that has flourished and been entrenched for decades.

The cover-ups and lack of transparency and accountability are a damning indictment on a police service that has lost touch with reality.

https://www.couriermail.com.au/news/opinion/peter-gleeson/peter-gleeson-domestic-violence-inquiry-has-exposed-toxic-culture-in-queensland-police-force/news-story/5d54c548bcab6a1b96176e1190d791cf

Fascist Victoria

Fascism was Leftist from its inception

In late August 2020, pregnant mum, Zoe Buhler, was charged and handcuffed in her own home by Victoria Police, accused of inciting a protest in breach of public health orders.

Her great ‘crime’ was to put a message on Facebook promoting a ‘peaceful protest’ – with social distancing measures and masks – to ‘end lock downs’ and ‘stand for human rights’. 

The Assistant Police Commissioner, Luke Cornelius, alleged Ms Buhler had ‘engaged in serious criminal behaviour’. He referred to those objecting to lockdowns as ‘batshit crazy’.

How serious was this charge, given it has been dropped weeks away from a state election? Surely a serious charge should be pursued fully through the courts?

‘Clearing the political decks’ is how some cynics might view it.

Many Australians, and others across the world, are familiar with the vision of Zoe Buhler being handcuffed by police in her kitchen. It is the unfortunate stuff of Covid legend.

On Tuesday, police withdrew the charge. It took police two years to do the right thing. Many questioned the validity of such so-called crimes that turned ordinary citizens into criminals for things like … walking outside.

During this time, Victorians experienced things they never thought they would in a free country, one in which democracy and respect are fundamental tenets of our peaceful way of life.

Other than Black Lives Matter gatherings, Victorians observed their right to protest being annulled with pepper bullets and tear gas. Citizens were filmed running from police officers who used batons and a bravado in clips that went viral worldwide.

Had these crowds been assembling in the streets to riot, to burn buildings, to loot, to murder, to wreck, or to create mayhem, then Victorians would have understood such aggression by the police. 

But these crowds had gathered for freedom.

They gathered for the right to go to work, the right not to be forced to take vaccines, and the right for their children to go to school or playgrounds.

They rallied for democracy, for the return of the Parliament to make decisions, and against the absolute authority of emergency power contained in the Premier.

It was under Labor’s watch that the police chased protesters, hurried on grandmothers from park benches, handcuffed a pregnant mother, held elderly men on the ground, and kept Melbournians locked down for 23 hours a day unable to travel – or even walk – further than 5 kilometres from their homes.

The Premier offended many Victorians during this time, locking them out of their state. They were stopped from being with their dying parents or attending their funerals. One of his most offensive statements was, ‘We had no choice.’

Let me be very clear: the police had a choice about whether to charge Zoe Buhler. 

It is why Labor must apologise to Ms Buhler for their contempt of individual rights and why their government must explain to the Victorian people why police were instructed to act so aggressively.

An explanation as to why it took two years for the charge to be withdrawn would also be welcome.

The Police Minister should now consider sacking the Police Commissioner and his Assistant, Luke Cornelius, the same officer who sympathised with Black Lives Matter protesters and their right to gather.

It seems apparent that, like much of the Victorian bureaucracy, Victoria Police has been politicised and the law has been used to hush citizens who disagree with the government.

https://spectator.com.au/2022/09/apologies-are-not-enough/

*****************************************************

Police drop anti-lockdown incitement charge against Ballarat woman Zoe Buhler

A Ballarat woman who was charged with inciting others to breach a state lockdown has had her case thrown out of court.

Zoe Buhler was arrested in her Ballarat home in September 2020 while pregnant.

The mother-of-three livestreamed her arrest, showing police handcuffing her in a video that later went viral and sparked concerns from the Australian Human Rights Commission.

The arrest came after she created a protest event on social media, citing concerns about the impacts of lockdowns during the pandemic.

In the Ballarat Magistrates Court this morning, police prosecution applied to have the charge struck out, which was approved by Magistrate Mark Stratmann.

In a statement, Victoria Police said they withdrew the single charge following an assessment of the case, determining it was "not in the public interest to continue with the prosecution".

Ms Buhler, now 30 years old, said she was relieved but had "no regrets" outside the court this morning. "I think it's disgusting our rights and freedoms were taken away. I've pretty much felt that way the whole time," Ms Buhler said.

"I'll be considering my options going forward, especially with regards to being handcuffed while pregnant."

Ms Buhler said she believed she had been experiencing Post Traumatic Stress Disorder and the legal costs of contesting the incitement charges had been a burden.

Costs will be agreed upon between the parties at a later date.

"There was money raised to help with the costs of lawyers," she added. "I don't even know how much [it was]. A ridiculous amount."

In March 2020, the Victorian Chief Health Officer and Commonwealth Health Minister were granted special powers to issue lockdowns, if necessary, to minimise the rate of transmission of COVID-19.

They have not enacted a lockdown in Victoria since October 2021.

"In the end justice will be served where it is needed. It's important to stand up for what is right," Ms Buhler said.

"I guess my message for Dan Andrews would be, I hope one day you'll have your day in court."

Since the start of the pandemic, 5,264 people in Victoria have lost their lives due to complications relating to COVID-19.

https://www.abc.net.au/news/2022-08-30/anti-lockdown-protest-charges-thrown-out-ballarat-woman/101385396

Crime coverup on behalf of a well-connected Leftist?

Many moons have passed since Kristina Keneally’s son, an officer with the NSW Police Force, was confirmed to be under investigation for allegedly falsifying evidence against a civilian who wound up being sent to prison.

In a case that could defy the limits of what is definitionally corrupt, Senior Constable Daniel Keneally accused the young man, Luke Moore, of threatening to kill a detective during a telephone conversation held in February last year, a call which Moore fortunately recorded.

His house was raided the next day and he was chaperoned to Nowra Correctional Facility where he spent the next three weeks imprisoned with bail refused until the recording was uncovered and the charges withdrawn.

A letter of apology arrived a few months later on behalf of the state of NSW. It said: “The State accepts that SC Keneally was in error when he said that you wanted another police officer ‘dead’.” Moreover, the State equally regretted that Moore’s declarations of innocence were not examined “more expeditiously”, the letter stated.

Yes, what a great pity. Moore has already rejected several offers of compensation and is continuing to sue the NSWPF for upwards of $800,000.

Meanwhile, the NSW Law Enforcement Conduct Commission confirmed in December that it would investigate Keneally’s conduct but the matter has hitherto disappeared into a bottomless black hole without a syllable of further information.

But Margin Call can reveal that the LECC, which disgracefully refused to touch the matter in the first instance, has dispatched a brief of evidence to prosecutors seeking to know if criminal charges should be laid against Keneally.

The Office of the Director of Public Prosecutions declined to comment, but we’re reliably informed that a leading official has completed an assessment of the LECC’s case, with their report currently undergoing review at the upper managerial levels of the agency.

A final decision is likely to be made by ODPP Director Sally Dowling SC.

The LECC confirmed in response to questions it had “taken a number of steps to progress the investigation with the matter remaining under consideration”, a response nearly as mystifying as what its officials actually do during their working hours.

This is the same agency that formally refused to investigate Moore’s complaint in the months after he was released from jail because, in their own words, “it is not a matter justifying investigation”.

Come again? If allegedly loading up a civilian on a false charge that leads to their imprisonment does not reach the threshold for LECC’s examination then we can only wonder what levels of depravity are required to pique their interest.

Does someone still need to be beaten with a bag of oranges, or a phone book, to get LECC’s attention these days?

As for Keneally, he remains employed by the NSWPF although a spokeswoman declined to formally confirm his status. The DPP has been given six months to provide their response, a time frame due to expire in the coming weeks.

It also appears that its deliberations skirted the mayhem of the federal election, where former senator Keneally stood for the Sydney seat of Fowler.

Then again, who can really say whether this matter would – had it come to light – have damaged her prospects, given they were so bad to begin with.

https://www.theaustralian.com.au/business/margin-call/justice-slow-for-kristina-keneallys-son-anthony-albanese-on-top/news-story/4755ce3f3d5e5d60490324a8492e1477

Innocent NT cop shut out of his job

Killing an Aborigine is unforgiveable, regardless of the circumstances.  Putting him back on normal duty would lead to an uproar from all the usual suspects.  For cowardly PR reasons he had to be hidden away.  How that affects him personally the police leadership does not care about.  Violent Aborigines must be condoned, not their own officers doing their duty

Northern Territory policeman Zachary Rolfe – who has ­ returned to work months after being found not guilty of murdering Kumanjayi Walker – ­remains banned from entering any police premises or performing normal duties.

Despite Constable Rolfe being reinstated as a serving member of the Territory’s police force, its executive has revoked the 30-year-old’s access to any police ­facilities and refused to ­return his police identification to him since his return to work on July 18.

The Weekend Australian understands Constable Rolfe has been relegated to desk duties at a nondescript government ­office building in Darwin as a ­result of formal complaints from other officers involved in his prosecution.

It is understood that one of the complaints is from Sergeant Julie Frost, who was the officer in charge at Yuendumu, 300km northwest of Alice Springs, on the night of the shooting and who had, that day, requested an ­Immediate Response Team (IRT) to arrest Walker.

Sergeant Frost has allegedly claimed she would be “triggered” if she saw Constable Rolfe at work.

During the trial, Sergeant Frost gave conflicting evidence to Constable Rolfe’s and that of his IRT colleagues.

The IRT members said their instructions were to arrest Walker as soon as possible upon ­arrival at Yuendumu, while Sergeant Frost testified that she had directed the team to arrest Walker at 5am the next day.

Constable Rolfe’s barrister, David Edwardson QC, also accused Sergeant Frost of concealing a five-page chronology of events she wrote in the days after Walker’s death.

Constable Rolfe refused to comment on Friday, but his ­father, Richard, has accused the NT police brass of trying to force his son to commit suicide by making his return to work difficult and his position within the organisation untenable.

“I believe (police commissioner) Jamie Chalker has done everything possible to push Zach to commit suicide by deliberately isolating him from his peers,” he said.

“He’s been locked away in a government building working without any contact with other frontline officers, while restricted to working on a computer.”

He said his son had gone on stress leave and would not return to work until the coronial inquest into Walker’s death starts on September 5.

Constable Rolfe is on the inquest’s draft witness list but has not yet been subpoenaed to give evidence.

NT police declined to comment other than to say that “the safety and wellbeing of all employees is an ongoing priority”.

“We do not discuss individual cases to maintain their privacy,” a spokesman said.

Northern Territory Police ­Association president Paul McCue also declined an interview. “Matters relating to the internal deployment of Constable Rolfe are confidential and we continue to assist him in his return to work after a long absence,” he said.

Constable Rolfe was immediately suspended from duty in ­November 2019 after he fatally shot Walker during an arrest at Yuendumu.

He had been one of four IRT members deployed from Alice Springs to Yuendumu to execute an arrest warrant for Walker on four charges, including assaulting police with an axe and breaching his suspended sentence.

During the arrest, Constable Rolfe shot Walker three times after the teenager stabbed him with a pair of stainless-steel surgical scissors and attempted to stab his police partner Adam Eberl. Days later, he was charged with the 19-year-old’s murder.

In June last year, alternative charges of manslaughter and ­violent act causing death were added to his indictment.

In March, a jury found Constable Rolfe not guilty on all three charges after a five-week trial in Darwin.

Hours after his acquittal, NT police directed Constable Rolfe to take leave while they dealt with dozens of alleged serious breaches of discipline that ­included excessive-use-of-force ­allegations, speaking to the media and the contents of private text messages found on his phone.

The 55-year-old female officer in charge of Constable Rolfe’s disciplinary matters has since been charged with assault and is due to appear in the Darwin Local Court on September 20. Constable Rolfe was cleared to return to work last month and all dis­ciplinary matters have been ­resolved.

The West Australian also understands that he was forced, last Friday, to participate in a directed interview about the shooting.

A recent NTPA ballot of more than 1000 NT police found that 79.7 per cent of ­respondents did not have confidence in Commissioner Chalker; officers also expressed dissatisfaction with other issues including ­resourcing, staffing and morale.

On Friday night, former policeman and Territory politician Mark Turner called for a royal commission into policing in the Territory. The Labor MP, who trains with Constable Rolfe at a mental health boxing club for emergency first responders, said the survey results painted a “damning picture”.

“We must protect our protectors,” he said. “They’re hurting; we appear to have the highest attrition rate in the nation, a demoralised and deeply hurt police force, and they’ve been let down by those that they trust to protect them. Whilst commentary will swirl on the future of the Police Commissioner; I cannot see how his position is tenable.”

Commissioner Chalker responded to the survey by saying he had been “aware of the confidence sentiment for some time”.

“The job we do is incredibly demanding and the health and wellbeing of our members is our priority,” he said.

https://www.theaustralian.com.au/nation/innocent-nt-kill-cop-zachary-rolfe-shut-out-of-his-job/news-story/7eea18cc8a0ba3e1a0542df4d6afe037

Protester stands his ground against 'corrupt' cops

Nick Patterson has vowed to take his 'fight against police corruption' all the way.

The former gym owner was jailed for 29 days after confronting photo of him appearing to punch a police officer made headlines across the nation.

While the mainstream media aired the perfectly-timed image to portray Patterson in a negative light, police bodycam footage later corroborated Patterson's version of events.

He was released on harsh bail conditions and charged by police. 

Victoria Police later even threatened me with jail if Rebel News didn't remove the bodycam footage from our website.

Now with a 10-day trial set to begin on November 14, Patterson said he is more committed than ever to seeking justice. 

"I've held a very strong position against the government's mandates from the very beginning through the whole Covid scenario and I've been targeted for that reason," he said.

"I really believe that I've been put in this position for a reason because I won't back down and I'll go all the way with this and I want to change the system."

Patterson said that he is confident that, with the public behind him, he has an extremely strong case and wants his case to set a precedent.

"I can prove their systemic failure. I can prove that the police have been writing false statements to put people in jail, they did that to me, I can prove that they've used bail as a way to silence political dissenters," he said.

"I can prove it, there's no way that they can deny this.

"They're still trying to charge me which ... it's ridiculous to pursue those charges because there's no evidence of them."

You can follow Nick's case in detail at FightCorruptPolice.com, a website he's set up to detail and provide updates on his legal fight.

https://www.rebelnews.com/protester_stands_his_ground_against_corrupt_cops