Tuesday, August 13, 2013

NSW policeman Marc Osborn found guilty of filming sex with women without their permission


NSW policeman Marc Osborn was today convicted of three counts of filming a person engaged in a private act without their permission for sexual gratification as some of his victims applauded in court.

Magistrate Janet Wahlquist in Downing Centre Local Court said he had secretly filmed three women, who he met on the internet, having sex in his bedroom using a clock which contained a pinhole camera.

He then downloaded the most explicit parts of the film onto his iPad and showed it to other police officers, who gave evidence to the court.

The magistrate said he had told the women he was a police officer and they said they trusted him because of this.

Osborn, 42, had told the court he filmed himself having sex to show his younger colleagues: "The old man's still got it."  On one film, he even winked at the camera.

Magistrate Wahlquist adjourned the case to September 26 for sentence.

The women said outside court that they were relieved at the verdict.

The court verdict follows today's Daily Telegraph report about a NSW Police internal affairs investigation uncovering evidence Osborn allegedly saw up to 33 women at the same time, meeting four of them on any one day as far apart as Sydney and Newcastle.

One woman has alleged to officers with the Professional Standards Command in a statement that she once had sex with the father-of-two in a fully-marked Nissan patrol police vehicle and that he spent up to four hours a shift with her in her house.

"When he was on a four-day block, I would see him and have sexual intercourse with him on three out of the four shifts,'' the woman, 31, known as Ms BB, claimed in her statement.

"Even the neighbours were commenting to me that it appeared I had personal security with the number of times that a fully marked police vehicle was in front of my house.''

She told internal affairs officers that most of the time Osborn was alone but on a few occasions he told her there was someone sleeping in the car as it was parked outside the house.

NSW Police are now facing a claim for damages from Ms BB, a single mother of two, possibly more of his lovers for failing to protect the vulnerable women.

Her lawyer Greg Walsh yesterday filed a summons in the District Court seeking details including the names of all of the officers who accompanied Osborn on duty between December 31 2010 - when he met Ms BB - and September 9, 2012 when they last saw each other.

Osborn, 42, who has been suspended without pay, let her two children play in his police car.

"I feel very betrayed that he used his position as a trusted member of the NSW Police to gain access to my home and my children,'' she told police in her statement.  "I am completely bewildered.''

The Professional Standards Command allegedly found the details of the 33 women on Osborn's mobile phone which had been seized. They allegedly also found the officer sent group text messages to some of the women.

When they spoke to Ms BB in November last year at Chatswood Police Station, they showed her a photograph of her naked which she did not know had been taken. She was also shown a 20-minute film of them having sex which she said he had secretly filmed.

She said the only photographs of her that he should have were those she had professionally taken of her topless on a bed and gave to him.

"I am completely ashamed that he took such degrading photographs of me ... and I didn't give him permission to do that,' Ms BB claimed in her statement to police.

She has told internal affairs officers that she met Osborn when he was an acting sergeant at Chatswood and he answered a radio call about "two girls fighting in a spa'' on New Year's Eve 2009. She was one of the "girls'', drunk at a neighbour's house.

She said Osborn gave her a lift home and took her inside and they began to kiss.

He contacted her a few days later and they saw each other between January and April 2010 "but only when he was working''.

They got back together in January 2011 when he had moved to Gladesville police station and she told police she saw him more on his days off when he came to her house for sex.

A police spokesman confirmed yesterday that Osborn was the subject of an internal affairs investigation.

"This is an anomaly in policing culture and one which is not tolerated by the NSW Police Force,'' a police spokesman said yesterday.

http://www.dailytelegraph.com.au/news/nsw/nsw-policeman-marc-osborn-found-guilty-of-filming-sex-with-women-without-their-permission/story-fni0cx12-1226695939710

Thursday, June 27, 2013

NSW Police Integrity Commission recommends charges over police shooting of Adam Salter



A POLICE sergeant who shot dead a mentally ill man should be prosecuted for lying to the Police Integrity Commission about the incident, the commission recommended yesterday.

Police Commissioner Andrew Scipione should also consider sacking Sergeant Sherree Bissett or taking disciplinary action against her, the PIC said.  Sgt Bissett, with more than 21 years on the force, shot dead Adam Salter at his Lakemba house in November, 2009.

She later claimed she believed a fellow officer, Aaron Abela, had been in grave danger from Mr Salter, who was suicidal and armed with a carving knife with which he had already stabbed himself.

Sgt Bissett and two fellow officers said Probationary Constable Abela had been trying to restrain Mr Salter at the time.

But PIC Commissioner Bruce James rejected almost all of the police evidence in favour of the paramedics, who said Constable Abela was at the other side of the kitchen and not in danger.

Mr James also rejected independent ambulance briefing notes that supported the police version of events of what happened in the Lakemba house Mr Salter shared with his father Adrian in November, 2009. The briefing notes, prepared by an independent senior ambulance officer after she spoke to the paramedics, stated: "The only police officer in kitchen at the time, being possibly junior, attempted to restrain the patient."

Mr James also rejected an Ambulance Service file note that supported the evidence given by police.  The file note stated: "Police on scene trying to restrain (patient)."

Lawyers for the police had argued the paramedics had changed their evidence because they were angry with the police, but that was rejected by the PIC.

Mr James found Sgt Bissett, Constable Abela and the two other officers, Leading Senior-Constable Leah Wilson and Senior-Constable Emily Metcalf, had lied to the PIC about Constable Abela being close to Mr Salter and in danger.

The Commissioner also recommended disciplinary action be considered against three other officers, including respected homicide detective Inspector Russell Oxford, who conducted the internal police investigation into the shooting.

 http://www.couriermail.com.au/news/national/police-integrity-commission-recommends-charges-over-police-shooting-of-adam-salter/story-fnii5s41-1226670376914

Wednesday, June 26, 2013

Battle to get Qld police thug Arndt punished still ongoing



<i>The Police service is protecting him.  It's only a very persistent victim that is giving hope of justice</i>

A POLICE officer who assaulted an elderly homeless man in a mall seven years ago has failed to stop the Crime and Misconduct Commission trying to have him disciplined.

Bruce Rowe was assaulted in Brisbane's Queen Street Mall in 2006 when some police officers pinned him to the ground and Constable Benjamin Arndt kneed him.

Constable Arndt was found guilty of assaulting Mr Rowe and fined $1000, with no conviction recorded, after a private prosecution.

After the CMC referred a complaint from Mr Rowe to the Queensland Police Service, an assistant commissioner decided Constable Arndt needed only "managerial guidance'', and there was no disciplinary action.

The CMC has applied to the Queensland Civil and Administrative Tribunal for that decision to be reviewed, on the ground that Constable Arndt should have been disciplined for misconduct.

Constable Arndt tried to strike out the CMC application, saying it lacked substance and the tribunal did not have jurisdiction to deal with it.

The tribunal heard when the CMC first investigated Mr Rowe's complaint, it found there had been an illegal assault and referred a report to the QPS for any disciplinary action.

In February, the QPS told the CMC that managerial guidance had been provided to Constable Arndt.

The officer was told no further action would be taken in relation to the complaint and no adverse reference would be put on his personal file, the tribunal heard.

Tribunal member Michelle Howard said the CMC Act allowed the tribunal to review specified decisions made about police officers if the CMC applied.

While Constable Arndt argued there had been no reviewable decision, Ms Howard found there had been a decision in relation to an allegation of misconduct regarding the unlawful assault.

On May 10, she found that it was a reviewable decision that was made within the appropriate time and dismissed Constable Arndt's application.


 http://www.couriermail.com.au/national-news/queensland/police-constable8217s-bid-to-stop-the-cmc-punishing-him-for-bashing-a-homeless-man-in-2006-has-failed/story-fnii5v6w-1226669565234

Tuesday, June 18, 2013

Fat-arsed Victoria police couldn't even be bothered by a DEATH


A Victoria Police investigation into the violent death of a patient at a state-run psychiatric hospital was ''manifestly inadequate'', with crucial physical evidence not collected and potential witnesses not questioned, a scathing report by the homicide squad has found.

Detective Senior Sergeant Sol Solomon described ''catastrophic failures'' of basic police investigatory procedures as he presented his report to the Coroners Court on Monday as part of the inquest into the death of Fred Williamson at the Austin Hospital's psychiatric unit in Heidelberg in March 2008.

''The deceased and his devoted family deserved far better service than they have received in this situation. Quality control processes … failed on all levels,'' Senior Sergeant Solomon said.
Fred and Roma Williamson with their son Fred.

Fred and Roma Williamson with their late son Fred, centre. Photo: Jason South

Mr Williamson, 52, was found in a pool of blood on the bathroom floor inside the locked room of another patient. He was found with a plastic bag covering part of his head and had suffered several injuries indicating a possible assault.

Despite Mr Williamson's injuries and the bizarre nature of his death, Heidelberg detectives and uniformed officers attending the scene determined on the day that it was not suspicious, concluding that suicide or misadventure was the most likely cause.

Their conclusion meant that neither the homicide squad nor forensic crime scene investigators were called to attend and potential witnesses, including staff and patients, were not interviewed. The room was cleaned soon after the incident, destroying any forensic evidence.

In 2011, Fairfax Media reported the Williamson family's disappointment with the police investigation and coroner Paresa Spanos's request that Senior Sergeant Solomon, then a 19-year veteran of the homicide squad, review the case.

Senior Sergeant Solomon told the inquest that his review had identified a ''number of aspects'' that did not support the suicide scenario. These included an assessment by Mr Williamson's treating psychiatrists that his risk of self-harm was extremely low, extensive blood spatter patterns at the scene, the fact that Mr Williamson had been recently assaulted twice by other patients and an autopsy report that showed injuries indicating possible assault.

He said important evidence, such as the plastic bag found over Mr Williamson's head, had not been collected or examined by forensic experts and had since been lost. A cloth towel reportedly found near or inside the plastic bag was also not examined and its whereabouts were unknown.

Senior Sergeant Solomon also found anomalies in statements by uniformed police regarding their claim that no footprints were at the scene when photographs suggested otherwise.

''I cannot reconcile or understand how the attending members could have come to the conclusion they came to [so quickly],'' he said. ''I have attended hundreds of crime scenes and deaths and I've never seen anything like this.''

Senior Sergeant Solomon said senior police attending the scene had failed to show leadership and that Mr Williamson's family had received a ''manifestly inadequate'' investigation.

Two senior plain-clothes detectives who were called out on the afternoon of Mr Williamson's death were also strongly criticised by Senior Sergeant Solomon, who found they should have taken control and treated it as a potential crime scene. Police records indicate the detectives spent less than 40 minutes at the scene before leaving it to uniformed officers.

A uniformed junior constable was left with the task of preparing the brief for the coroner with very little or no supervision.

Ms Spanos said the inquest had heard evidence that a junior constable was given the job of preparing the coronial brief - her first- on the basis of a local police convention that deemed the officer who drove the car to the scene also did the paperwork. Senior Sergeant Solomon said he had not heard of such a convention and described it as ''absolutely outrageous''.

''With a shoplifting it might be OK, but you're talking about a man's death,'' he said.


 http://www.theage.com.au/victoria/police-slammed-over-probe-20130617-2oelq.html
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Monday, June 10, 2013

W.A.: Watch-house bashing revealed on CCTV



FOOTAGE of a police officer repeatedly punching a prisoner and dragging another through a watch-house by his neck has been shown to a public hearing held by Western Australia's corruption watchdog.

The footage, taken by CCTV cameras at the Broome watchhouse in WA's Kimberley region, shows the same senior constable involved in two separate incidents less than three weeks apart earlier this year.

After viewing the footage, Police Commissioner Karl O'Callaghan served a loss of confidence notice on the 31-year-old constable, who has since resigned from the force.

In the first incident on March 29, the officer appears to place a teenager arrested for obstructing police in a neck hold before dragging him inside after he refused to leave a police van.

As the hysterical girlfriend of the teenager looks on, the youngster is placed in a padded cell and stripped - as numerous other officers watch.

In the second incident captured by CCTV, a man is seen swinging a punch in the Broome watch-house after being arrested for public drinking.

The senior constable reacts by swinging several hard punches. Then, as the prisoner lies on the floor, the officer appears to drop his knee twice on the head of the man, who goes limp.

The prisoner is then dragged inside where another camera shows him flying forward through a doorway onto the hard floor with his hands cuffed behind him.

As other police look on, another officer removes the man's shorts and searches them.

Some time later, when the detainee is back on his feet, the 31-year-old constable is alleged to have said to him: “Nice face, ****.”  He then added: “Nothing wrong with mine. You punch like a faggot.”

The detainee suffered a broken finger and swelling to his eye, according to Gail Archer SC, counsel assisting the Commissioner Roger Macknay of the Corruption and Crime Commission (CCC).

The public hearings into the incidents, beginning today, were ordered by the CCC.

Ms Archer said the hearings would investigate the use of force by the officers, and what other officers at the station could - and should - have done.

Two other officers were stood down over the incidents, although one of them, a 38-year-old female, has since returned to her duties.

Commissioner Macknay ruled that the identity of the two arrested men and the former officer should be suppressed during the hearing, while the CCTV footage would not immediately be released to media.


http://www.theaustralian.com.au/news/nation/watch-house-bashing-revealed-on-cctv/story-e6frg6nf-1226661337937

Sunday, June 2, 2013

Deadhead W.A. cops


SERIOUS criminal cases including murder, rape and assault could be going unsolved because police have failed to do basic forensic work.

The Sunday Times can reveal that police will overhaul how cases are handled after an internal audit of more than 100,000 arrests found more than two-thirds of people charged for serious offences did not have their "identifying particulars" such as DNA or fingerprints recorded.

In 30 per cent of the cases, in which particulars were taken, they weren't properly recorded.

Deputy Police Commissioner Chris Dawson said it was clearly not good enough. "WA Police is concerned about any gaps in the collection of identifying particulars and we are working to correct this," he said.

"It is unclear what the underlying causes have been, but we have set out to educate, better train and supervise our people about the absolute importance of this process to solving current, historical and future serious crimes."

Mr Dawson said systems were being sought that would ensure prosecution briefs and detention processes could not be completed until all offenders have been sampled, fingerprinted and photographed.

Details of the police audit were recently highlighted in an internal weekly police publication sent to every WA officer.
It found that of more than 100,000 arrests made in WA in 2011 only 31.5 per cent of people charged with a serious offence had their identifying particulars recorded.

WA police forensic division superintendent Tony Flack said getting identifying particulars from charged people was essential in cracking outstanding cases and preventing crime.

"Taking IP (identifying particulars) is not an optional extra and we continue to lose investigative opportunities every time we don't take a sample," he wrote in the weekly publication.

Mr Flack said it had been suggested that officers might not be taking IP because they did not fully understand their rights.

Legislation introduced in 2002 allows police to take DNA samples from people charged with or suspected of committing a serious offence that carries a penalty of 12 months or more.

That can range from shop-lifting, to assault, or more serious crimes such as rape and murder.

Mr Dawson said some of the 68 per cent of people who did not have their identifying particulars taken in the 2011 audit period might have already supplied them to police because they were repeat offenders.

But The Sunday Times understands the confidential police audit found most of those 68 per cent had no DNA police record prior to 2011.

WA Police Union president George Tilbury said officers were being pressured to deal with offenders quickly and as a result were not taking DNA samples or fingerprints as often as they should be.

"Sufficient resources will ensure that all (identifying) particulars can be taken and investigations can be extensively concluded," he said.


http://www.perthnow.com.au/news/western-australia/slack-cops-miss-dna/story-fnhocxo3-1226655173510


Thursday, May 30, 2013

Second man accuses Victoria police officer of assaulting him


A POLICE officer accused of bashing a suspect with a torch pepper-sprayed a handcuffed man less than two months earlier.

Internal investigations cleared Leading Senior Constable Nathan Warrick of wrongdoing in both incidents, although the use of the spray was deemed "a poor option".

Leigh Harnden contacted the Herald Sun after reading a report about Geoffrey Craig Barnes' claim that his cheek was torn open by the torch-wielding officer and he was humiliated by being paraded in his underwear.

Mr Barnes is suing the state and Sen-Constable Warrick and another officer, claiming he was repeatedly assaulted, falsely imprisoned, humiliated, threatened, and locked in a cell for more than five hours, and then freed without being questioned about any offence or being legally arrested.

Mr Harnden said he was arrested after a disagreement with his ex-partner about his children's housing but was not charged. He is seeking legal advice about launching his own action.

Mr Harnden complained at the time to Victoria Police's ethical standards division about his treatment by police at Wyndham Vale in February 2010, saying Sen-Constable Warrick sprayed him in the face while he was handcuffed and under arrest; deliberately pushed him backwards into the rear of the divisional van, causing to him to hit his face on the door; and injured his left thumb and wrist while handcuffing him.

Mr Harnden's complaint was forwarded to local detectives, who found none of the allegations to be substantiated. They said Sen-Constable Warrick "acted in accordance with the law and accepted police practices, with the exception of (his) use of the OC spray".

Investigating officer Detective Sergeant Steve Daniliuk found Mr Harnden's injures were the result of his lawful arrest, with no evidence they were due to deliberate acts.

"The use of OC spray on this occasion was in response to a perceived threat of violence. However, its use would appear to be a poor option and one that I have recommended should be addressed through workplace guidance and training," he said.

Sen-Constable Warrick remains on active duty and will defend any case brought by Mr Barnes.

Police spokeswoman Natalie Webster said police managers had given the officer guidance about the use of OC spray.


http://www.couriermail.com.au/news/national/second-man-accuses-police-officer-of-assaulting-him/story-fnii5smp-1226653196414


Tuesday, May 28, 2013

Broome cop quits over assault claims


A 31-YEAR-OLD policeman accused of bashing a man in custody has resigned from the West Australian police force.

The assault on a 30-year-old man allegedly happened in the Broome Watch House on April 19 and was reported by a senior officer.

The policeman was given 21 days to explain why he should not lose his job but on Monday police said the man had quit the force.

The Corruption and Crime Commission has launched its own investigation into the matter and will hold public hearings next month.

Another officer implicated in the incident remains stood down from duty pending further investigation.


http://www.couriermail.com.au/news/national/broome-cop-quits-over-assault-claims/story-fnii5thq-1226651626512

Police may be charged over the death of Brazilian student Roberto Laudisio Curti


A NUMBER of police officers who chased, restrained or tasered Brazilian student Roberto Laudisio Curti could be prosecuted for their role in the fatal confrontation.

The Police Integrity Commission (PIC) yesterday announced it had given a brief of evidence to the Director of Public Prosecutions recommending that the DPP give "consideration" to prosecuting possibly as many as five police officers.

The PIC did not reveal the nature of the charges that could be laid or the identity of the officers who had been singled out for possible charges.

The brief of evidence was believed to contain witness statements including those from medical specialists, some of whom gave evidence at last year's two-week inquest into the death.

Mr Curti, 21, nicknamed Beto, died early on March 18 last year after he was chased by up to 11 police officers through Sydney's CBD for stealing, while high on LSD, two packets of biscuits from a convenience store. Once he was captured he was tasered nine times and up to three cans of capsicum spray were used.

The struggle ended when Mr Curti was found to be not breathing and with no pulse. Police then began CPR.

Mr Curti's family said last night they hoped the DPP would give it "proper consideration" as they were still dealing with the "awful images of Beto being repeatedly tasered and capsicum sprayed on the ground".

The family said they were disturbed by the fact the officers were still patrolling the streets "despite the Coroner's findings of recklessness and the Ombudsman's criticism of the critical incident investigation".

In November, State Coroner Mary Jerram delivered a series of scathing findings but stopped short of recommending charges be laid, instead recommending five officers face disciplinary charges. The inquest raised questions about the dangers of use of Tasers and Mr Curti's family blamed the police for taking his life.

The PIC said it would announce whether charges would be laid when the DPP has responded to the brief.Curti died while he was in Sydney to learn English. He was staying with his sister who is married to an Australian man.

It was the morning after a night out with friends celebrating St Patrick's Day.

 http://www.couriermail.com.au/news/national/police-may-be-charged-over-the-death-of-brazilian-student-roberto-laudisio-curti/story-fnii5s41-1226651714032

Gold Coast surf shop worker claims to be second man brutally bashed at Surfers Paradise police station


A GOLD Coast surf shop worker claims to be the second man brutally bashed while handcuffed in the bowels of Surfers Paradise police station.

Josh Gowdie, 21, is suing the Queensland Police Service for tens of thousands of dollars in damages.

He claims he was assaulted and thrown into a brick wall inside the Orchid Ave police station in December, 2011.

CCTV footage of the incident, obtained by Mr Gowdie's lawyers, was broadcast last night by Channel 9.

Mr Gowdie was allegedly bashed a month before chef Noah Begic claims to have been subjected to similar police brutality in the basement of the Surfers police station. He, too, is suing the police service for a six-figure sum.

"The police can't be allowed to get away with this sort of thing," Mr Gowdie told The Courier-Mail last night. "The two officers who did this to me are not fit to be in the police service."

Mr Gowdie said the incident happened in Surfers in the early hours of December 5, 2011, when he was "standing up for a female who got arrested".

He said police pushed, shoved and punched him in the street before hurling him against a brick wall in a passageway inside the police station.  "I didn't do a single thing to deserve it," he said.

"I told them I'd had shoulder surgery and they (police) said they'd dislocate my shoulder again.  "I suffered multiple injuries including cuts and bruising, grazes, claw marks and a chipped tooth and I still get flashbacks."

Mr Gowdie said he was speaking out now because he was frustrated at the slow pace of the police investigation.

A QPS spokeswoman said the investigation was ongoing.


http://www.theaustralian.com.au/news/gold-coast-surf-shop-worker-claims-to-be-second-man-brutally-bashed-at-surfers-paradise-police-station/story-e6frg6n6-1226651701797

Tuesday, May 21, 2013

Man bashed by Qld police to sue




A MAN allegedly bashed by police under the Surfers Paradise police station has launched legal action against the state of Queensland.

Noa Begic was arrested after a night out in Surfers Paradise in January last year and taken to the basement of the local police station, where CCTV footage appeared to show him being punched and thrown to the ground by officers.

The Courier-Mail posted exclusive footage of the incident on its website and all charges against Mr Begic were later dropped.

However, he has now taken legal action, engaging high-profile law firm Maurice Blackburn to sue the state of Queensland in a civil suit.  He is believed to be seeking a six-figure settlement.

A close friend of Mr Begic said it was taking a long time for the mental scars to heal after the ordeal.  "He was very anxious about police for a long while as you can imagine," said the friend. "He is trying to get on with his life and sees this as a chance to close the door on that chapter."

Two of the four officers allegedly involved in the incident remain suspended from duty while the Queensland Police Service's Ethical Standards Command runs its own investigation.

Mr Begic had been drinking with friends after finishing his shift at a Surfers Paradise restaurant when he was approached by police officers.  He was arrested and taken to the basement of the nearby police station.

CCTV then appears to show a handcuffed Mr Begic being flung to the ground before being punched several times in the head by one of the officers as he is pushed into the back of a police wagon.

One of the officers is then shown pouring a bucket of water over what looks to be a puddle of blood on the basement floor.

Mr Begic was charged with being a public nuisance and obstructing police after he allegedly directed numerous loud and abusive comments towards officers patrolling the Surfers nightclub strip.

The charges against Mr Begic were thrown out last June. Mr Begic has also asked the Queensland Police Service to pay his legal costs from that court action.

The ethical standards investigation into the affair continues, while an investigation is also under way into an officer accused of leaking the CCTV footage to the newspaper.

http://www.couriermail.com.au/news/queensland/friend-says-noa-begic-has-mental-scars-after-bashing-in-surfers-paradise-police-station-basement/story-e6freoof-1226647224141

Saturday, April 27, 2013

Software pirates: An Australian police force


NSW Police incurred a $1.8 million legal bill defending itself against a multinational software company that sued for wide-scale copyright piracy, figures obtained under government information access laws show.

Software company Micro Focus alleged in 2011 that the NSW Police Force, Ombudsman, Police Integrity Commission, Corrective Services and other government agencies illegally used its ViewNow software, which is used to access the intelligence database known as COPS.

The company alleged police and other agencies were using 16,500 copies of its software on various computers when police were only ever entitled to 6500 licences. The group initially alleged $10 million in damages but later increased this to $12 million after reviewing the results of a court-ordered, $120,000 KPMG audit of the NSW Police Force's computer systems.

The police force maintained during the court proceedings that it had paid for a site licence that entitled it to unlimited installations of the software for all of its officers.

Despite this, it settled the matter out of court last year for an undisclosed sum. The other agencies previously settled the matter out of court, also for undisclosed sums.

No internal documents were handed over to Fairfax Media as part of its government information access request.

Darren Brand, Senior Sergeant co-ordinator at the NSW Police information access and subpoena unit, denied a request for documents relating to how much was paid to Micro Focus as part of the settlement, and why the matter was settled out of court.

Mr Brand did however divulge that no one was sacked as a result of the legal action by Micro Focus and the legal costs for the case totalled $1,829,709.29.

''To put these costs in context, Micro Focus has claimed as much as $12 million in damages,'' he said.

Mr Brand said there was a stronger public interest against releasing all of the information requested. He said it would ''breach'' the NSW Police Force's obligation to maintain the confidential terms of the settlement.

Mr Brand also believed the release of that information ''could result in further legal action against [the police force], which would incur further expenditure of government funds''.

But Sydney piracy investigator Michael Speck said it "beggars belief" that the NSW Police Force had continued to pursue the case even after all other government agencies had settled.

"One can only assume [the police force's settlement] was motivated by ready access to the public purse," Mr Speck said.

"They have settled the case after fiercely resisting it on commercial terms that include the settlement being confidential. You'd have to wonder how the confidential settlement sits with the obligation that police have to properly investigate and report on alleged misconduct."

Mr Speck said the public deserved to know if police had properly investigated the matter internally, if they had taken steps to ensure something like the matter never happened again, and if action would be taken against the individual who allegedly set it on the path of software piracy

 http://www.smh.com.au/it-pro/government-it/nsw-police-hit-with-18m-legal-bill-after-piracy-case-20130426-2ijr8.html



Tuesday, April 23, 2013

Australian woman says police assaulted her at home after call to counselling service




A 60-YEAR-OLD woman who claims police officers burst into her Erindale home and assaulted her after she rang a counselling service has lodged an official complaint with the Police Ombudsman.

Denyse, who did not want her surname published, alleges she was physically assaulted, verbally abused and forced to urinate on the floor when five officers attended her eastern-suburbs house on the morning of April 9.

Police confirmed that officers had attended the home and the Ombudsman was now investigating Denyse's complaint.

"SAPOL cannot, and will not, make comment on the nature of the investigation or allegations," an SA Police statement said.

Denyse said the "nightmare" incident happened after she rang a sexual assault counselling service and an apparent misunderstanding led to police being dispatched to check on her welfare.

She alleged she was sexually assaulted more than a month ago, but has provided The Advertiser with written consent to identify her so she can seek justice.

Denyse said she had never before spoken with the counsellor she dealt with on April 9 and believed the person may have misinterpreted her distress as a threat to harm herself.

She alleged she was doing housework when two male police officers burst through her front door and jumped on her without identifying themselves or explaining why they were there.

"I was washing the floors and the next minute someone jumped on me. I thought it was a home invasion," she said. "They started beating me up, they started belting me. I screamed and I screamed."

Over the next two hours, during which five police officers - four males and one female - were in her house, Denyse alleged police:

TOLD her she was not allowed to phone her husband and had no rights.

PREVENTED her from going to the toilet and forced her to urinate where she lay.

KICKED her in the hip, hit her in the face, twisted her arms and pushed her to the floor.

CONFISCATED her mobile phone, which was only made apparent when her husband Andrew recognised its ringtone and an officer took it out of his pocket.

Andrew said he arrived home about 90 minutes after police entered the home. "I'm not sure why it takes so many people to subdue a 60-year-old woman," he said.

Royal Adelaide Hospital notes provided to The Advertiser detail bruising on Denyse's arms and determined there was no evidence of psychosis.

Victims' Rights Commissioner Michael O'Connell said police management of cases such as this could be complex, but "all citizens have fundamental rights that should be at the forefront of police interventions".


http://www.adelaidenow.com.au/news/national/adelaide-woman-says-police-assaulted-her-at-home-after-call-to-counselling-service/story-fncz7kyc-1226626215640

Wednesday, April 17, 2013

Vic. police hiding behind secrecy to cover up their failings




TRIPLE-0 emergency call data used to help expose under-reporting of violent crimes by Victoria Police is now being hidden from the public.

The Herald Sun revealed last year that police were sent to 25,000 more assaults in Melbourne and Geelong by triple-0 dispatchers in 2010-11 than were recorded in Victoria Police crime figures.

When fresh data was sought by the Herald Sun, the Emergency Services Telecommunication Authority, which operates the system, said information on incidents that police were sent to, including assaults, brawls, domestic arguments and neighbourhood disputes, could no longer be released.

Police Minister Kim Wells promised new laws to end the secrecy after being contacted by the Herald Sun.

The State Ombudsman had repeatedly urged the force to make greater use of triple-0 data since finding in 2009 that police had abused recording procedures to improve crime clearance rates.

CEO Ken Shymanski said ESTA recognised the legitimacy of the public interest in the information and "would prefer to have a capacity to share generalised information about call-taking and dispatch", but had been advised this was no longer possible.

Mr Shymanski said ESTA had sought legal guidance as to its obligations late last year following an information request from a member of the public. He said that advice cast doubt on the legality of past releases.

"In short, ESTA must not publicly release 'any information' relating to calls received or messages communicated by the authority in the course of providing emergency services."

ESTA declined to release the legal advice.

Mr Wells said the secrecy was an unintended consequence of strict privacy provisions included in the ESTA Act when it was introduced by the former Labor government in 2004. "We will amend the legislation to strike a better balance between the public's right to know how the service is performing and the need to protect the privacy of Victorians who have used the ESTA service."

In February, Victoria Police said it would launch an external review of the way it collected data on assaults after the Herald Sun revealed the Australian Bureau of Statistics' victim survey had put the number of assaults in Victoria in 2011-12 at 588,600 - 14 times the 42,076 recorded by police.

http://www.couriermail.com.au/news/triple-0-call-data-used-to-expose-under-reporting-of-violent-crimes-by-vicpol-being-hidden-from-public/story-e6freon6-1226622007661