Ballina cop admits 'wrong' evidence

A POLICE officer who allegedly beat and falsely accused an Aboriginal man has admitted he twice gave wrong evidence about the incident.

Constable Luke Mewing is the first of six officers to give evidence to the Police Integrity Commission (PIC) in Sydney about the arrest and prosecution of 24-year-old Corey Barker.

The PIC heard on Thursday that Const Mewing made a written statement about the arrest of Mr Barker, who had attempted to intervene during a violent street confrontation between police and two of his friends at Ballina, on the NSW north coast, in January 2011.

During Mr Barker's prosecution, Cnst Mewing gave evidence that Mr Barker yelled obscenities, threatened violence and refused to comply with directions from officers while in custody in Ballina police station.

Const Mewing said he, Sen Const David Hill and three other officers approached a perspex holding cage and told Mr Barker to turn around and put his hands behind his head so he could be handcuffed and walked to a cell at the rear of the station.

He was subsequently shown CCTV evidence of the incident at the PIC last year which showed Mr Barker did turn around twice in the cage.

On Thursday, Cnst Mewing admitted his evidence on both previous occasions was incorrect.

"What you told the magistrate was wrong," counsel assisting the PIC Stephen Rushton, SC, asked.

"It's possible," Cnst Mewing replied.  "It's not possible, it's a fact," Mr Rushton said.  "It appears that way," Cnst Mewing said.

The PIC has heard that the CCTV inside the station was originally thought to be damaged but was later repaired.

As the officers walked Mr Barker to the cells he was thrown against the wall and wrestled to the ground before he was kicked in the head and kneed in the side.

A total of six officers said Mr Barker had triggered the fracas by punching Snr Cnst Hill.

Mr Barker was charged with various offences from attempting to intervening at the street incident and assaulting police.

All the charges against Mr Barker were eventually dropped and magistrate David Heilpern said the officers' evidence had conflicted with the CCTV footage.

He also described Snr Const Hill as a liar.

The hearing continues.


http://www.couriermail.com.au/news/breaking-news/ballina-cop-admits-wrong-evidence/story-e6freono-1226582707025

Video footage shows NSW police accused of attacking youth

ON THE same night that an Aboriginal youth was allegedly bashed and then falsely accused of assault by a group of police in northern NSW, his female friend was allegedly slammed into a gutter during a violent arrest, the Police Integrity Commission has heard.

The commission is investigating allegations that Corey Barker, 24, was assaulted at Ballina police station on January 14, 2011, after an altercation with police, and that officers then falsely accused the young man of assaulting them, giving sworn testimony to this effect in court.

The incident was caught on the police station's CCTV cameras.

On Monday, the commission heard that Mr Barker had initially confronted police after seeing them arresting two of his friends in an allegedly violent manner.

One of Mr Barker's friends, Emma Crook, told the commission that she had been "thrown around" by police and a series of pictures were tendered showing multiple cuts and grazes to her arms, legs, back and ear.

"They tackled me onto the ground and sprayed me in the eyes [with capsicum spray]. I had a lot of scratches and grazes - I couldn't see," Ms Crook said.

But four other witnesses, including at least one who was sober at the time, said they saw her picked up and slammed into the gutter. "They had her restrained on the ground then I saw her lifted up to about chest height and then just dropped her on the ground - a straight dead-drop," Byron Nolan said. "I heard her head slap into the concrete."

After seeing this allegedly violent treatment of their friend, Mr Nolan and Mr Barker ran over and tried to intervene.

"Next thing we were on the ground and they were restraining us … one of them had his foot on the back of my head and was kind of rolling it - it was really uncomfortable," Mr Nolan said.

"I heard one of them shouting, 'let the black guy go, let the black guy go'. I guess [They were talking about me], I'm a bit darker than Corey is."

The commission heard that, rather than being let go, Mr Barker was taken back to Ballina police station with Ms Crook and her boyfriend, Jay Healey.

Ms Crook gave evidence about a number of apparent breaches of police protocol while she was detained, including that a number of documents falsely stated that she had refused to answer questions about her health, possessions and next of kin. Ms Crook said that while detained she had seen Mr Barker being assaulted.

"I heard a big bang and opened the door and Corey was on the ground. Four officers were holding him down and blood was coming from his head. I shut the door quickly … I was scared. I wasn't sure what was going to happen."

The inquiry continues, with Mr Barker and the police involved to give evidence.



 http://www.smh.com.au/nsw/candid-camera-video-footage-shows-police-accused-of-attacking-youth-20130218-2enj7.html

Don't rely on the police for anything

Even a real bad egg is of no interest to them

Police handling of a violent criminal who repeatedly breached parole was grossly negligent, a coroner said.

The man went on a destructive rampage in July 2009, which ended when he shot himself during a siege.

Shane Andrew Robinson, 32, stabbed a police officer on the Barrier Highway in South Australia and stole the officer's car.

He had been pulled over for questioning about suspected criminal activity.

Robinson ran over a pedestrian with the police car, then went to a homestead near Yunta and held a 75-year-old woman hostage.

She was bound and assaulted during the siege, before Robinson shot himself.

Coroner Mark Johns said Robinson's violent actions could have been prevented had police done their job properly and pursued him when he started behaving erratically weeks earlier.

Parole Board executive officer Kevin Hill told the inquest the Correctional Services Department failed to immediately tell the board about a serious breach a month earlier, when Robinson tried to strangle his girlfriend and failed to report to his Corrections officer.

The inquest heard police were alerted, but follow-up of the domestic violence report was inadequate and no attempt was made to identify the parolee involved.

The coroner was told Robinson was not adequately monitored because a Corrections staffer was on leave.

"This is an unsatisfactory situation and has resulted in significant changes within Community Corrections since and because of Mr Robinson's death," Mr Johns said in his findings.

Robinson's mother Jacqui attended the inquest and publicly apologised for her son's horrific crimes.

She said she felt the system let her son down.

"I would like to apologise to the victims of this terrible crime, leading to my son's death. I feel that the system has let my son down, let my family down and let the victims and the police and the community down," she said.

The inquest heard Robinson failed to complete anger management, alcohol abuse and domestic violence courses recommended by his parole officer.

He failed to make appointments with a psychologist, despite counselling being a release condition.

In 2002, Robinson took hostage a teenage boy at a house at suburban Netley, threatened him with an axe and held a knife to the boy's throat.

Robinson was shot in the neck by a STAR Force officer during that siege.

He spent time in hospital, then was sentenced to six years in jail with a non-parole period of four years.

The offender was released on parole in December 2007.

The Coroner concluded there was gross negligence by authorities involved in Robinson's management, particularly SA Police.

"There were opportunities to intervene in the management of Mr Robinson in a way that might have prevented the events culminating in his death, thus saving not only his life but the serious sexual assault of an elderly lady and the serious stabbing wounding of a member of the police force," Mr Johns said.

He said Robinson should never have been allowed to live with his partner and her teenage daughters, given his convictions for serious child sex offences.

Mr Johns also was highly critical of the SA Police call centre's handling of the report Robinson had attacked his partner.

"In my opinion call centre operators and their supervisors must be provided with domestic violence training, which instructs them on how and when to deal with allegations of domestic violence and emphasises that, where it is not known that the victim is actually safe and that cannot be ascertained adequately on the telephone, a police patrol should attend," he said.

"The failure by anyone at the SAPOL call centre to bother to inquire as the identity of the perpetrator of the domestic violence allegation is profoundly disturbing.

"It shows a lack of interest and commitment to the job of policing and keeping South Australians safe. It shows a narrow focus on the immediate task and a desire merely to get rid of a problem with a minimum of effort."

SOURCE

Federal police officer faces court on child indecency charge

A sworn Australian Federal Police officer has been charged with committing an act of indecency against a 12-year-old boy.

The 38-year-old Amaroo man appeared before the ACT Magistrates Court on Saturday morning. He was arrested by members of ACT Policing’s Sexual Assault and Child Abuse Team on Friday night.

Detective senior constable Brad Tulk told the court that the alleged act of indecency occurred between June 1 and December 24, 2012, with a child the accused man supervised as part of a loose ‘‘caring relationship.’’

He said the man also had a seven-year-old foster child. ‘‘If the defendant was given access to that child he may re-offend,’’ Constable Tulk said.

Constable Tulk said his fear of further offences would be allayed if the man stayed away from children under the age of 18.

Magistrate David Mossop granted the accused man bail with strict conditions. He is not to be alone with any child under the age of 18 or contact the alleged victim or his family.

Constable Tulk told the court police were also investigating the man's involvement with three other children.

‘‘Police are yet to identify and locate the other three children,’’ he said.

Constable Tulk told the court the alleged victim's mother made a statement to police that the man ‘‘removed [his] foster son's clothing before sitting on top of him and hitting him on the chest.’’

The court was told the man’s foster child would be removed from his care in light of the allegations.

The man will appear before the ACT Magistrates court on March 4.

SOURCE

Australia: CCC probe of police in Stacey Thorne murder case

WESTERN Australia's corruption watchdog is to investigate allegations of police misconduct during the prosecution of a man for the murder of a pregnant woman.

Stacey Thorne, 35, was 22 weeks pregnant when she was repeatedly stabbed in the chest at her home in Boddington, about 120km southeast of Perth, in late 2007.

She knocked desperately on several neighbours' doors after the attack but died before paramedics arrived.

Scott Douglas Austic, who had been in a secret relationship with Ms Thorne for a year before her death, was convicted of her murder in 2009 and sentenced to a minimum of 25 years in prison.

He has always maintained his innocence, and launched an unsuccessful appeal against the conviction in 2010.

However, today the Corruption and Crime Commission said it was now investigating allegations of misconduct by WA Police relating to the collection and handling of evidence used in the case.

"The commission cannot give an indication at this stage of how long its investigation will take," a statement from the CCC said.

The prosecution in the 2007 trial alleged Austic was having a secret sexual relationship with Ms Thorne, who then became pregnant.

It was alleged Austic attempted to persuade Ms Thorne to have an abortion, sending text messages begging and pleading with her not to have the baby.

On the night of Ms Thorne's death, Austic was said to be so drunk he was refused service at the local Boddington hotel, and after having sex with Ms Thorne, allegedly returned on foot to her home some time later and stabbed her 21 times with a folding knife.

He then allegedly walked home, leaving Ms Thorne to die, before burning his clothes in a wood-fire heater and washing his thongs in an attempt to hide evidence.

In sentencing, Justice Peter Blaxell said the attack was "savage and determined".

"Some of the stab wounds were inflicted after she had fallen on to the floor," Justice Blaxell said.  "You also left Ms Thorne to bleed to death in her bedroom and she did not immediately die.

"In that regard it is dreadful to contemplate the agony she must have suffered during her last 20 to 30 minutes while staggering out her unit and down the street for help."

Despite the failed appeal, allegations that evidence may have been planted, withheld and misrepresented during the trial were raised late last year with WA Attorney-General Michael Mischin, after a review by forensic experts Clint Hampson and Robin Napper.

The petition was based on a review of the evidence, which included a cigarette packet with a stain of Ms Thorne's blood found on a table in Austic's back yard.

It was claimed the packet was not on the table when police photographed it on December 13, but then appeared in a photo taken more than 30 hours later.


http://www.couriermail.com.au/news/national/corruption-probe-of-police-in-murder-case/story-fndo20fy-1226570310501

Members slam union's support of rogue cop

A ROGUE cop's union paid his legal bills on charges of assaulting his wife, escaping custody and trying to pervert the course of justice.

Questions have been raised about why the officer's defence was funded when the matters appeared to have no clear connection with his work.

He broke his wife's finger in an attack at their home, breached an intervention order, injured a colleague in the escape and then tried to lie to cover it up.

The member pleaded guilty to the charges in the Melbourne County Court last November.

He had been charged with more than 20 offences including stalking, breaching an intervention order and assaulting police.

That number was reduced to four by the time the matter came to court.

The charge of assaulting his wife related to an incident at the family home in 2006.

But it was not until the next year that he became a policeman.

His wife took out an intervention order in 2010 but the husband allegedly breached it when a colleague found him parked near his wife's home.

The intervention order had stipulated he not contact, approach, threaten or assault his wife or children

The officer tried to make an arrest but his finger was broken as they grappled and the husband fled.

The court heard the defendant had then told his brother to put on his clothes and sent him to a police station to say it was he who had been near the home.

Police Association secretary Greg Davies said the member's defence had been funded until he decided to plead guilty.

At that point, in line with association policy, support was withdrawn.

Sen-Sgt Davies said members were acquitted in 85 per cent of cases where their defence was funded by the union.

One police officer, who did not want to be named, said members' money should not have funded the defence.

"I'm not sure what any of this had to do with his work," the officer said.

The officer was handed a 28-month jail sentence, 27 months of which was suspended. He was released because the other month had been served on remand.


http://www.couriermail.com.au/news/members-slam-unions-support-of-rogue-cop/story-e6freon6-1226567095075

Man sues four police officers after tussle over mobile phone footage

A MAN who filmed police arresting a stranger and refused to hand over his mobile phone footage is suing four officers for $1.25 million for breaking his arm and false arrest.


Lee Hobbs claims in Supreme Court documents his problems began after he used his phone to film several police arresting another man in Brisbane's Fortitude Valley two years ago.

Mr Hobbs, who was charged after refusing to give police his phone, claims in the court documents three officers held him face-down on the floor of the Valley Police Beat, while one wrenched his arm, fracturing it.

Two charges of obstructing police and an assaulting police charge were withdrawn when the case went to court three months later.

Mr Hobbs, 33, later made a complaint to police about Constable Daniel Corliss, who he alleges broke his arm, his court claim says.

His claim says he was the victim of unlawful arrest, malicious prosecution, assault by police using excessive force and false imprisonment. Mr Hobbs developed a psychiatric condition and was dismissed from his job of five years last year as a result, the court claim said.

Mr Hobbs's claim, filed by law firm Maurice Blackburn, alleged the ``real purpose'' behind the confiscation of his phone was to check if there was evidence of excessive force used by police during the other man's arrest.

Mr Hobbs's claim said soon after he began filming the arrest, about 4am on October 10, 2010, Constable Corliss spoke to him, telling him he would charge him with obstructing police if he talked over him. Mr Hobbs claims Constable Corliss then told him he was allowed to seize his phone because it had evidence on it.

When Mr Hobbs refused the request he was told he was under arrest for obstructing police, the claim said.

It is alleged the arrest was ``unlawful'' because the officer did not follow requirements under the Police Powers and Responsibilities Act. Mr Hobbs's claim is against the state and officers Daniel Corliss, Daniel Haddadi, Stuart McIntyre and Nathanial Truong, who are yet to file a defence.

A police spokesman said the matter was investigated by Ethical Standards Command and overviewed by the Crime and Misconduct Commission, who concurred there was insufficient evidence to substantiate Mr Hobbs's claims.
 

http://www.couriermail.com.au/news/queensland/man-sues-four-police-officers-after-tussle-over-mobile-phone-footage/story-e6freoof-1226567042847

Criminal Victorian cops allowed to quit as loophole lets them keep their super

A POLICEMAN who raped two children under the age of 10 was spared jail and is among more than 20 disgraced Victorian officers convicted of a crime.

The senior constable resigned from the force after receiving a two years and six month wholly suspended sentence for the child sex charges.

In total, 23 rogue officers have been found guilty of a crime since January 2010 and more are being prosecuted in Victoria's courts. Only three officers have been officially dismissed from the force. The 50 charges faced by officers include manufacturing child pornography, drug trafficking, assault and rape.

Up to 16 of the criminal cops were allowed to resign instead of being sacked, and so will receive their super.

Three remain employed by Victoria Police.

The Sunday Herald Sun has revealed more than 9500 allegations of criminal acts, bad behaviour and duty failures were made against serving members in 2009-11.

One in five allegations about bent cops were made by other police, and one in 10 were substantiated when investigated.

Assistant Commissioner Emmett Dunne of the professional standards section defended the low number of dismissals, saying it was in the public interest to allow officers to quit.

"We accept resignations when submitted because it is a waste of resources . . . we follow the directions of the OPI. There is no formal benefit for a member to resign or retire."

One guilty leading senior constable was allowed to retire despite being sent to prison for installing surveillance tools and manufacturing child pornography. Another, guilty of threats to kill and assault who served four months in jail, is still employed with no pay restrictions.

Mr Dunne said some of the cases were related to gang activity. Relationships between police and criminal suspects were closely monitored, he said.

He declined to provide the number of such links, saying they were confidential.

Legal experts claim corrupt cops regularly used a loophole to keep their hefty superannuation.

Tamar Hopkins, principal solicitor from Flemington and Kensington Community Legal Centre, said officers who resigned before being terminated kept access to their accounts.


 http://www.couriermail.com.au/news/national/criminal-cops-allowed-to-quit-as-loophole-lets-them-keep-their-super/story-fndo1wyv-1226557356465

Qld. man on obstructing police charge claims officers bashed him

Timothy William Barker shows his injuries.

A MOUNTAIN Creek man facing one charge of obstructing police says he was savagely bashed by officers during his arrest.

Lawyer Adrian Hawkes alleged that his client, Timothy William Barker, 28, was assaulted while being arrested on Christmas Day.

"My client has been seriously attacked by the two officers," Mr Hawkes told Maroochydore Magistrates Court.

Magistrate Bernadette Callaghan said there were mechanisms in place to respond to such allegations.

"If your client has a complaint against the police, he should take it to the CMC," she said.

"He already has," Mr Hawkes responded.

Ms Callaghan adjourned the matter to February 11 to enable case-conferencing between both parties, a direction Mr Hawkes opposed.

The events leading to Mr Barker's arrest were not clarified in court yesterday.

Mr Hawkes said he took photos of the injuries when Mr Barker was released from Maroochydore watchhouse.

He said his client unsuccessfully asked police on Boxing Day to drop the obstruction charge.

SOURCE

Qld. cop kills another cop over drugs?

I don't know much about this but a man claims that in 1988 he saw  Qld. Assistant Police Commissioner Paul Wilson murder a uniformed police officer then leave the scene of the murder (in Airlie Beach North Queensland) looking like  a suicide.

Shortly afterwards Wilson and underworld associates allegedly stole 2 tons of confiscated cocaine from Airlie Beach police station.  When asked about the missing drugs, the cops simply said,  "We can't find it. It's been lost..."

The witness was subsequently savagely beaten in an apparent attempt to shut him up.  He has tried various avenues to draw attention to his matters but has hit a brick wall throughout, not very surprisingly.

The claims are in an eBook available on Amazon here ... which see  -- JR

Qld Police Commissioner Stewart‏

An interesting email received

Commissioner Stewart is currently under investigation by the Anti-discrimination Commission for acts of reprisal against police officer, Senior Constable Lyn Jones for participating in a public interest disclosure.

The public interest disclosure concerned a forensic officer from the Fingerprint Bureau Brisbane stealing from a crime scene.  The incident was reported to senior management at the Fingerprint Bureau, Inspector Brendan Keleher and Inspector Tony Carstensen, who then bullied staff not to report the incident as they had both applied for promotion and "didn't want anything interferring in their promotional prospects".

After disclosing the incident to Ethical Standard Command, S/C Jones was advised by Senior Sergeant Blair Webber at the Fingerprint Bureau that the senior officers were "drumming up" complaints against her to "get rid of her".  Five (5) months later S/C Jones was managerially transferred from the fingerprint bureau under allegations of complaints made against her.  One (1) month later she was suspended without pay in relation to false complaints submitted by Sergeant David Reece, Sergeant Waldo Kowalsky and S/Sgt Blair Webber of the fingerprint bureau.

The complaints were investigated by Inspector Ray Rohweder who is a known associate and mate of S/Sgt Webber.  Rohweder was also under investigation, at that time, for threating and bullying staff.  After being found guilty of these offences, Rohweder was managerially transferred from Ethical Standard Command, but made sure he took S/C Jones' disciplinary file with him.   Rohweder then continued to "drum up" complaints against her.

Three (3) years later S/C Jones is still suspended without pay on false complaints.  To date, her disciplinary file is over 1000 pages as Inspector Rohweder collects statements from "rent a crowd".

CMC advised S/C Jones in March 2012 that "from the documents ESC had provided it was quite obvious that the QPS was trying to get rid of her as she had been labelled a 'trouble maker' for being a whistleblower".

The public should hear not only about the bad cops, but what happens to the good cops who dob them in.  Officer who particpate in a public interest disclosures and tell the truth get bastardised by management, receive death threats and labelled "dogs".   If we keep our mouths shut we get dismissed from the service for not dobbing them in.  In other words, we're dammed if we do and dammed if we don't.

But S/C Jones is not one for being bullied by the "boys club" and has submitted a complaint to the Anti-Discrimination Commission for the QPS's acts of reprisal.   I wish her luck, but she's more likely to "disappear" like S/Sgt Mike Isles before they'll let her win.
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CMC says police officer got off lightly after 'forgetting' to act on tip-off

Qld. Police negligence leads to death

THE CMC has accused the police service of failing to appropriately discipline an officer whose inaction may have contributed to the death of a missing man.

Queensland Civil and Administrative Tribunal documents show that Barry Powell, 64, was still alive and would have been for at least another 24 hours when a local rang police to report sighting an abandoned vehicle at Wyandra in the state's southwest that belonged to Mr Powell on December 6, 2009.

His body was eventually discovered nearby in dense bushland five days later.

The temperature at the time the vehicle was abandoned was about 40C.  He had been travelling with his dog, a black labrador, and at the time temperatures soared to more than 40C.

An internal police investigation found officer-in-charge of Augathella station, Sergeant Andrew Ernest Thomas, "failed to take appropriate action" after he was told of an abandoned vehicle.

"At about 8.30am on the 11th of December 2009 the body of Barry Frederick Powell was located in bushland approximately 650m northeast from his vehicle," Deputy Commissioner Ross Barnett said in a notice of formal finding dated November 20, 2012, lodged in QCAT.

"It is estimated Mr Powell was alive until the morning of December 8 2009."

Mr Barnett said Sgt Thomas failed to investigate or consider the likelihood that a person who abandoned the vehicle might need assistance and the consequences of them not receiving any, particularly after being "exposed to such environmental conditions".

Sgt Thomas received a two-year suspended sentence, so if any further acts of misconduct were committed, he would be demoted from sergeant to senior constable.

Sgt Thomas did not report the phone call to Charleville CIB until December 10 and a massive search involving SES and police on foot, horseback and motorcycles followed.

"Subsequent inquiries with the family of Mr Powell indicate that he was travelling from Western Australia to his residence in Hervey Bay following surgery," QCAT documents state.

"It is apparent from the evidence contained in the brief that Mr Powell was taking a considerable amount of medication for a number of pre-existing medical conditions."

In the hearing, Sgt Thomas said he "banged" his head on an airconditioner and forgot as other things "simply overtook" his mind.

He also argued the information he received related only "to a vehicle on the side of a road, not to a missing person" and he did not accept that a "sufficient nexus" existed between his failure to take appropriate action and Mr Powell's death.

"It logically follows that had you taken steps to have the report investigated, Mr Powell would have been located some time on 8th of December 2011," Mr Barnett stated in the disciplinary hearing.

However, due to the cause of death being undetermined and a ruling by the entomologist that the mPMI (minimum post-mortem interval) could not be provided because of "gross deficiencies in the collection of original evidence", Mr Barnett said he was unable to find clear "causal connection" between Sgt Thomas' inaction and Mr Powell's death.

The CMC argued to QCAT that the sanction did "not adequately reflect the gravity of the misconduct", which included a failure by Sgt Thomas to "protect the public, uphold ethical standards within units of public administration, and promote and maintain public confidence in the QPS".

Sgt Thomas was transferred from Augathella to Toowoomba in January 2010.  QPS declined to comment while the matter was before QCAT.

The case is one of four appeals of QPS disciplinary decisions by the CMC before QCAT.

They include Constable Anthony Richard Francis, who was demoted after being found guilty of improper access to and disclosure of confidential police information, several conflicts of interest, failing to report misconduct by another officer and urinating on a police vehicle he was using as a "blue light taxi" after a boozy night out.

QCAT is due to make a decision on those matters next month.

The CMC won a landmark legal ruling last year when it was determined in Brisbane's Court of Appeal it had the authority to intervene if it considered police had not been properly punished by internal discipline.

The appeal court upheld the CMC's appeal which found QPS' punishment of an officer whose involvement in a high-speed car chase ended with the death of a bikie manifestly inadequate.

A date for the Sgt Thomas hearing is yet to be set but a compulsory conference is set for March 6.

SOURCE

Tweed police officer charged with misconduct after allegedly having sex at police station

A TWEED Coast policeman who allegedly had sex with a woman at the local police station has been charged with misconduct.

The officer's gun was allegedly used in the offence and he is also facing weapons charges.

Kingscliff officer Sergeant Mark Anthony Garner, 48, was charged with misconduct, possessing an unauthorised pistol and allowing an unauthorised person to possess a pistol.

He did not appear in Tweed Heads Local Court on Monday to answer the charges but was represented by a solicitor.

A police charge sheet alleged the offences happened at Kingscliff police station between 2am and 4am on September 16 in 2011.

Sgt Garner was charged in November after an internal investigation and has been suspended.

The misconduct charge alleges he had "sexual intercourse with a female at a police station whilst on duty and involving the misuse of a prohibited pistol" - his police-issue Glock.

He also allegedly "aided and abetted" the possession of the gun by the woman.

Sgt Garner is also charged with not taking reasonable precautions to ensure that the prohibited weapon did not come into the possession of an unauthorised person.

The case was adjourned to Lismore Local Court on March 19.

http://www.couriermail.com.au/news/queensland/tweed-police-officer-charged-with-misconduct-after-allegedly-having-sex-at-police-station/story-e6freoof-1226553371600

Police account of fatal crash pursuit questioned

A witness to a Northern Territory Police road chase has rejected  claims that officers aborted their pursuit before the car they were following crashed, killing three people.

The crash happened three days before Christmas, on a stretch of road between Alice Springs and the remote community of Hermannsburg in Central Australia.

Two women and one man died in the tragedy.  Two other people were injured.

Police say they were chasing the car but ended their pursuit when speeds got too high.

Hermannsburg traditional owner Baydon Williams says he was near the side of the road with several others when the chase began.  "We seen the chase and the police car wasn't far off the other car," he said.

He says he heard the crash and believes police arrived at the scene seconds after it happened.

His niece and her husband were among those killed.

"Everyone thought that the rule ... was that the police should just leave people drive past when they're speeding," he said.  "That (is) what I heard the rule was supposed (to be) when ... the car is going fast, the policemen have got to let them go.

"But that never happened.  "They just kept on chasing."

Police Commissioner John McRoberts will fly from Darwin to Alice Springs tomorrow to follow investigations into the incident.

Police say they are unable to comment while investigations are taking place on behalf of the coroner.

http://www.abc.net.au/news/2013-01-03/police-questioned-over-hermannsburg-pursuit-crash/4451292