Ballarat police officers charged with assault over kicking of drunken colleague

<i>This appears to be the tip of the iceberg at Ballarat.  There have been other accusations of police thuggery there</i>

Two police officers have been charged with assault and stood down from operational duties after a damning IBAC report into an alleged excessive use of force at Ballarat police station.

A drunk off-duty colleague was allegedly stripped, kicked and stomped-on in custody, an Independent Broad-based Anti-Corruption Commission report revealed last year.

An IBAC hearing into police conduct in Ballarat has been shown CCTV footage of the abuse of a female police officer arrested for drunkenness.

Footage shows her drinking from the toilet, allegedly after the officers refused to give her water.

When it released its report in November last year IBAC recommended  police consider whether assault charges should be laid in relation to the incident.

A female leading senior constable has been charged with one count of assault and a male senior constable with two counts of assault, Victoria Police said in a statement released on Thursday.

Both officers are from the Western region.

The charges relate to an alleged assault that occurred at Ballarat police station in January 2015. The members have been transferred to non-operational duties, Victoria Police's statement said.

In November, IBAC released a report into allegations of excessive use of force by several people at Ballarat police station.

A serving police officer, Yvonne Berry, was arrested before allegedly being stood on and kicked inside the station's cells.

"IBAC's Operation Ross exposed the concerning casual disregard and at times alarming mistreatment of a vulnerable woman in Ballarat police custody that was captured on CCTV," IBAC Commissioner Stephen O'Bryan QC said when the report was released.

"Importantly, Operation Ross also revealed broader systemic issues and missed opportunities by Victoria Police to address similar patterns of conduct at the station."

Both police officers will appear in Ballarat Magistrates Court on March 6.

<a href="http://www.theage.com.au/victoria/ballarat-police-officers-charged-with-assault-over-kicking-of-drunken-colleague-20170216-guecff.html">SOURCE</a>

An outback Queensland police officer has avoided a conviction for pulling a gun on a speeding motorist while he was suffering from PTSD

Senior Constable Stephen Flanagan was on Friday fined $1500 for assaulting motorist Lee Povey outside Longreach in May 2015.

Flanagan was captured on dash-cam video screaming "f***ing pull over now, c***" and drew his gun on Mr Povey as he threatened to "put a f***ing hole in you".

The 46-year-old officer was in December 2016 found guilty of common assault and deprivation of liberty by Brisbane Magistrate Paul Kluck.

Mr Kluck found Flanagan was motivated by his condition and anger rather than a belief that Mr Povey had a gun or that the car was stolen.

But the court heard on Friday it was not uncommon for people with post-traumatic stress disorder to be unaware they have the condition or the extremity of their reactions.

Prosecutor Jodie Wooldridge said Flanagan's behaviour had a "significant" impact on Mr Povey, who feared his complaint about a gun-wielding police officer would not be taken seriously. "It was an abuse of trust that had been placed in him by the Queensland police service and the community," Ms Wooldridge said.

Barrister Stephen Zillman said Flanagan, who has been a police officer since he was 19, would find himself on the "employment scrapheap" if he lost his job over the incident. "That's been his life," Mr Zillman said.

Mr Kluck said he would not record a conviction but it was up to the police disciplinary board if Flanagan kept his job.

Flanagan is appealing the guilty finding.

<a href="http://www.news.com.au/national/breaking-news/guntoting-outback-cop-fined-for-assault/news-story/e1750269eaa3a51a97e8e92990e31a76">SOURCE</a>

Former Melbourne detective lifts lid on culture of fear inside Victoria Police

A FORMER senior police officer believes a culture of fear within the force is creating "horrible and tragic" outcomes because officers only act "when their hand is forced".

The former cop, who served for 20 years in Victoria Police, said he didn't blame frontline police for not taking action in some circumstances because they were lashed by the public when things went wrong.

Police tactics - in particular around the pursuit of vehicles - has been hotly debated since Dimitrious `Jimmy' Gargasoulas, 26, allegedly killed five people on January 20 by running them down in a car in Melbourne's CBD. Police had been trying to capture him for 16 hours before the deaths in Bourke St Mall.

Much of the dismay has been directed at why the accused driver wasn't boxed in or forced from the road before he arrived in the city centre. The police union has claimed senior officers twice refused permission to ram Gargasoulas.

"The police are not really to blame for their failure to take action. It is the hierarchy and community that has created a police force that is afraid of negative consequences and punishment if they make the wrong call - so situations are allowed to escalate to a point where their hand is forced, so to speak," the former cop said.

He drew parallels with the hostage crisis in Sydney's Martin Place in December 2014.

"A similar case was the Lindt cafe in Sydney where once again the police took no action until a hostage had been shot," he said. "You only have to look at what is said about police every time there is a shooting."

The officer, who asked not to be identified, told news.com.au the "horrible and tragic outcomes" happened because "our police" were too afraid to take action.

"There needs to be greater community discussion about what we expect from our police. Night courts have been tried before and didn't help, we have police in armoured trucks and dressed like soldiers already and that cannot be the answer if the police feel powerless to act until a person has died."

The former Melbourne detective said risk aversion was nothing new and really began to creep in during the 1990s when Project Beacon was introduced. The aim of Project Beacon was to retrain all Victoria Police officers in alternatives to firing their guns, where protection of human life was the number one priority. It was brought about because of a rising number of fatal police shootings.

Under the "Safety First Philosophy" the success of an operation was primarily judged on the extent to which the use of force is avoided or minimised, according to a report by the Victorian police watchdog the Office of Public Integrity.

"It really started way back then. In response to the outcry over the police shootings, frontline police were trained to stand back and wait... basically do nothing until reinforcements and specially trained police arrived. That culture against risk really started more than 20 years ago and is ingrained throughout the force.

"It's very difficult on frontline police who see what needs to be done but are stopped from doing so in case all the armchair experts whack them for making the wrong call."

Deputy Victoria Police Commissioner Andrew Crisp told media on Wednesday there had to be a balance between protecting the community and its members and officers would not pursue offenders driving on the wrong side of the road or at high speed.

He said real-life pursuits are not like they are in the movie Lethal Weapon where, when cars are shot at, the driver dies and the car stops immediately.

"It's extremely difficult to shoot at a moving vehicle. It's even more difficult to hit a tyre ... the vehicle will not stop, it will travel forward," he told reporters.

"There's every likelihood we might miss the vehicle and who knows where that round or those rounds might go."

He denied Victoria Police was soft on crime. "We are not a risk averse organisation. We attend critical incidents day in and day out and we resolve those incidents. If you want to talk about being risk averse then I will talk about safety, and it is critical our members go home every day."

He was "extremely disappointed" an email he sent to members last September was reported this week in the media as a "directive". In fact, he said, it was a "safety message" following an increase in offenders ramming police vehicles.

The email told officers not to shoot at or intercept stolen or suspect cars. "Plan your approach and response when intercepting a stolen or suspect vehicle - time is on your side," the email read, as published by the Herald Sun on Wednesday.

Victoria's police union said there is "burning anger" among officers in the wake of the Bourke Street rampage over policies they believe prevent them from intercepting "drug-crazed lunatics".

"Our members' views around the current pursuit policy range from great disappointment to burning anger," Police Association of Victoria assistant secretary Bruce McKenzie said.

"The current pursuit policy handcuffs them considerably when it ought to be our members who are handcuffing the drug-crazed lunatics that seem to be appearing on our streets."

<a href="http://www.news.com.au/national/victoria/crime/former-melbourne-detective-lifts-lid-on-culture-of-fear-inside-victoria-police/news-story/bbf1bee3afe9ae527b2550e6588ebf55">SOURCE</a>

Have Australians become snowflakes too?

<i>A Victorian reader comments as follows on the recent car rampage in Melbourne described below:

"All those cars stopped at intersection, male drivers watching him wheelying around swerving at and trying to hit pedestrians on the footpath, and no one rammed him to stop him, and even the police in their vehicles stayed back.

This is a city unguarded. I remember when there were always four police officers on duty at this intersection – two directing traffic in synch with the traffic lights and two standing on the Young and Jackson’s corner. There were also two officers at most other city intersections, and pairs of officers walking the city. I remember when there were police weather booths in Swanston St. I remember when you could look around and see a police officer almost anywhere in the city, and they interacted with the public.

Now no police walk the city. Police park marked police vehicles around the city, mostly in Swanston Street near McDonalds and leave them there around the clock, coming in groups to move them occasionally, fancying that their cars left there makes it look like there are police officers around, but everyone knows there are no police around, just locked police cars"</i>


A HEAVILY pregnant mother caught up in the Melbourne CBD car ramming attack that left four people dead and many more injured has told how it was "obvious (the driver) was going to kill".

Meesha Rhodes Ali, 31, and her brother Ian Rhodes, 33, were travelling together in a car when they stopped at the front of Flinders and Swanson St intersection traffic lights. Within seconds they were stuck in an unwanted front seat to the horrifying events that unfolded outside Melbourne’s Flinders Street station yesterday.

Four people, including a 10 year old child — were killed and 15 injured when accused Dimitrious "Jimmy" Gargasoulas deliberately ploughed the allegedly stolen car he was driving into crowds in the CBD.

Ms Rhodes Ali said the maroon car suddenly screeched towards her, nearly wiping out pedestrians on "every corner of the road", before the driver moved into the centre of the intersection and started doing "burnouts".

"Every time he moved he was endangering bystanders and swiped them on every path he drove on," Ms Rhodes Ali said.

"He turned right into me. So I screeched my brakes and he missed my car right in front of me.

"Then I quickly reversed as he did doughnuts. The burnout was so sudden. I kept inching back."

Many pedestrians were struck by a car that was deliberately driven into Melbourne crowds. Picture: Tony Gough

Many pedestrians were struck by a car that was deliberately driven into Melbourne crowds. Picture: Tony GoughSource:News Corp Australia

Ms Rhodes Ali said Gargasoulas suddenly "stopped right in front of us".

"A few pedestrians at that point had already tried to stop him," she said.  "One man had a bat. (Gargasoulas) was provoking the guy with a cricket bat. He was like ‘come on come on’, gesturing him to come. "I thought to get my camera out but worried he would see me and smash my car."

Ms Rhodes Ali recorded the ordeal on her camera and later uploaded the footage to social media. The driver can be seen hanging out the window of the car, yelling and gesturing wildly as the car continues moving.  "We heard him say ‘f*** the world, you’re all sheep, die die die’," she said.

She said the driver appeared to be "on a mission to just cause damage".

Ms Rhodes Ali said she was devastated when she later learned the driver had ploughed into more crowds and killed four people including a man and woman in their 30s and a 10-year-old child. The Australian Jewish News is reporting that the 10-year-old victim was a student from Beth Rivkah College in St Kilda East.

Gargasoulas, who was shot in the arm by officers after a 12-hour rampage, is being treated in hospital.

He will be charged with multiple homicides after four people were confirmed dead and 15 injured, with several of them still in a critical condition. Among the victims fighting for their lives is a three-month-old baby girl who was taken to the Royal Childrens Hospital by police officers. She is in a critical condition.  There is also a toddler in serious condition at the hospital and a nine-year-old is in a stable condition.

Victoria Police Chief Commissioner Graham Ashton said the incident was not terror-related but was linked to a stabbing that took place in Windsor early Friday morning involving parties known to one another.

<a href="http://www.news.com.au/lifestyle/real-life/news-life/melbourne-car-ram-driver-f-the-world-youre-all-sheep-die-die-die/news-story/f5ae430851107fd787465ec0c8f785b1">SOURCE</a>

Review into accuracy of Queensland crime reports

<b></b>

<i>Shades of Tony Blair's Britain</i>

Auditors are reviewing Queensland's official crime statistics amid allegations figures have been fudged.

Police Minister Mark Ryan says Police Commissioner Ian Stewart has advised him of an audit office review into whether crime reports were manipulated to give false perceptions about the state's crime rates.

"The commissioner has given me assurances that the Queensland Police Service will work with the Queensland Audit Office to get to the bottom of this matter," Mr Ryan has told the ABC.

The ABC says it's been told two police crime managers on the Gold Coast have raised concerns that legitimate crime reports have been labelled "unfounded" in an effort to keep offences off the books.

The broadcaster said the managers took their concerns to the audit office only after telling a superior, who did nothing about it.

The minister said Queenslanders must be able to have faith in crime statistics.

"I expect the highest standards to be met and maintained by the Queensland Police Service from the top of the organisation down," Mr Ryan said.

<a href="http://www.brisbanetimes.com.au/queensland/review-into-accuracy-of-queensland-crime-reports-20170129-gu13p6.html">SOURCE</a>

Lazy Victoria police again

<i>Black guy tries to blow up service station in probable terrorist attack. Victorian Police again just don't want to know about black crime.  With a delusional premier as their boss, you can't entirely blame them</i>

Hero tradie to the rescue to stop service station disaster. The hero sprung into action when he saw a potential disaster unfolding at a St Albans a service station at 5pm last Wednesday.

CCTV footage shows a man walking up to service station bowser.

He picks up the fuel pump, and holding a cigarette lighter in his right hand, tries to set the bowser alight.

When it fails to ignite, he angrily throws the pump onto the ground and moves to another.

A tradesman spots him on his second attempt, and launches into action. The good Samaritan pulls a fire extinguisher from the front of the bowser, walks up to the man and douses him with fire retardent foam.

He then chases the offender away from the service station in a haze of foam.

The 30-year-old hero, who doesn't want to be named, said he believed the man's intent was to kill or injure bystanders. "It looked like he was trying to burn the place down," he told 7 News. "If he had have lit the petrol, I imagine most of us probably would have died or been pretty severely injured."

While the would-be arsonist was forced out of the service station, he remained nearby. That is, before the tradie launched a second counter attack.

"He was still standing over the fence outside the 7-Eleven, so I ran over and gave him another couple of sprays," the man said.

He said he tried to report the incident to two different police stations, but was told they were too short-staffed at the time to take a statement.

He later reported it to a third, in Melbourne's north west, but the tradie said the response he received was inadequate.  "I think [the potential arsonist] is a risk to the public and I do think it needs to be followed up on. "And I just don't think the response I got from that particular officer - not against the station or the force in general - that particular officer, wasn't adequate."

Police told 7 News they would not be investigating the incident as nobody was injured and no damage was reported.

<a href="https://au.news.yahoo.com/vic/a/33638452/hero-melbourne-tradie-stops-potential-arsonist-from-blowing-up-petrol-station/#page1">SOURCE</a>

Crazy Queensland cop who pulled his gun on a speeding driver and hurled abuse at him is found guilty of assault

<i>He has been stood down since being charged</i>

A police officer who was filmed pulling his gun on a speeding driver before threatening to 'put a f***ing hole in you' has been found guilty of criminal charges.

Senior constable Stephen Flanagan, 46, was convicted of assault and deprivation of liberty at Brisbane Magistrates Court on Tuesday.

Flanagan tried to argue that he believed motorist Lee Povey was armed and driving a stolen vehicle during the traffic stop in May last year, but his claims were dismissed.

Magistrate Paul Kluck said Flanagan's version of events was 'implausible', adding 'I don’t accept his evidence as being credible.'

Flanagan's defense team produced a psychological report that showed he was suffering from post traumatic stress disorder at the time, the Courier Mail reports.

The officer is scheduled to reappear in court in the new year for sentencing once a full mental health report has been prepared.

Earlier in the trial the court was shown footage of the incident taken from Flanagan's own dashcam and filmed by Anna Cruse, Mr Povey's partner, on her phone.

In the video, Flanagan can be seen pulling up alongside Mr Povey's silver ute, blaring his horn but without using his sirens or lights.

As Mr Povey keeps driving, Flanagan is heard saying: 'F***ing pull over now c***.'

The footage then shows the police car pulled over as Flanagan gets out and walks in front of the vehicle with his sidearm drawn and pointed at Povey. 'Get out of your f***ing car, right now' he can be heard shouting.

Speaking to the court, Mr Povey said: 'I took my seatbelt off, looked over and there he was. 'He said "do you know I could put a f***ing hole in you?"'

Mr Povey said he felt the firearm pressed in between his shoulder blades as he was handcuffed.

The driver told the court he was compliant the whole time and didn't try to argue with the officer.

Mr Povey said he seen a police car driving behind him with no flashing lights or sirens and thought the officer was trying to overtake him.

Miss Cruse added: 'I've been pulled over by the police a couple of times before for speeding ... never been pulled over with a gun before - I thought it was some sick prank that someone had set up.'

<a href="http://www.dailymail.co.uk/news/article-4050750/Police-officer-pulled-gun-speeding-driver-hurled-abuse-guilty-assault.html">SOURCE</a>

Politically correct and risk averse Victoria Police ensure crime thrives

It took an attempted carjacking of a former assistant police commissioner for Victoria’s Premier Daniel Andrews finally to take his state’s soaring crime rate seriously.

Two weeks ago former detective Noel Ashby was ambushed by four "aggressive African males" who tried to force his Mercedes off the road. Just another day in the socialist state of Victoria, where carjackings and violent home invasions are a constant fear.

So Andrews and police commissioner Graham Ashton last week announced a $2 billion recruitment of 3000 new police officers.

But it won’t matter how many cops they hire, the politically correct, risk-averse culture of Victoria Police will ensure crime thrives.

Crooks and thugs are free to run riot, while police obsess about gender, racism and LGBTI. Rapists prowl, gangs brawl, losers brazenly smoke bongs in CBD parks, drunk drivers speed away from booze buses, while police are busy cracking down on racial abuse on Facebook, or denouncing "language" crimes by Eddie McGuire that "demean women".

Victorians accept a level of lawlessness unheard of in Sydney. It’s a lesson to the rest of the country how quickly life turns sour when you neuter your police force with politically appointed commissioners, and when your justice system is at the mercy of a judiciary stacked with human rights lawyers and former union functionaries.

After Melbourne’s iconic Moomba Festival fireworks in March, Sudanese members of the fabled Apex gang brawled with Pacific Islanders in Federation Square, forcing people to cower behind locked restaurant doors. Only four people were arrested.

When pot-smoking protesters fired up their bongs at a picnic in Flagstaff Gardens this year, police didn’t just turn a blind eye; a spokeswoman condoned the event as "freedom of expression".

When two officers tested positive to drugs on duty a few years ago, not only were they not sacked or charged, but a spokeswoman described their drug use as "no surprise".

No surprise former commissioner Ken Lay is the poster boy for drug decriminalisation. "We can’t arrest our way out of this", he says, which is true if you don’t even try.

Victoria Police don’t enforce the law on union picket-lines, either, but stand sentry in implied solidarity.

And, after a law suit for "racial profiling" young African men, street police now are required to issue "receipts" to anyone they talk to, in a humiliating, time-wasting farce.

Then there is the joke of police chases, restricted last year so 145 a month dropped to five. Crooks just have to step on the gas.

There’s no point wailing about African refugees as if they pose some sort of novel crime challenge. Wrongdoers have been empowered by a police force which has neglected its responsibilities for a decade.

As a result, Victoria’s crime rate keeps rising — up 12.4 per cent in the past year. It’s now the nation’s murder capital.

But the problem is not, as Andrews pretends, a shortage of police. Victoria has more police per capita than NSW, which boasts the lowest crime rate in 25 years. NSW has 218 police per 100,000 people, versus Victoria’s 258.

Victoria has half the imprisonment rate of NSW, a higher victimisation rate and a lower reporting rate for most crimes, a good indication people have lost faith in police.

Even more telling, in the western suburbs of Melbourne, residents are banding together to protect their neighbourhoods with DYI security. Locals in Caroline Springs call it "Criminal Springs" because of the brazen carjackings and home invasions. Fed up with the lack of police protection, they patrol their streets themselves.

But instead of being mortified by this vote of no confidence, Ashton told radio 3AW the patrols should stop "because it becomes vigilantism".

When Jill Meagher was raped and murdered in Melbourne four years ago, no one knew how complicit police and legal authorities were in the crime that shook the nation. Adrian Bayley had been convicted of raping eight women, yet was free on parole. He is suspected of raping at least 16 prostitutes in 2000, but the rape squad wasn’t interested. His DNA, taken in 2001, was lost by the hopeless police forensics lab.

Instead of locking up crooks, Victoria Police have become do-gooder agents of social change. Last year they embraced the gender scolds of the Victoria Human Rights Commission who made the usual "shocking" claims of entrenched sexual harassment and discrimination.

When he’s not pondering gender quotas, Ashton reserves his zeal for a self-serving vendetta against Catholic Cardinal George Pell, which wins plaudits from the ABC.

Rather than playing sectarian games and pandering to identity politics, Ashton might try doing his job. Better yet he could resign.

<a href="http://www.dailytelegraph.com.au/rendezview/politically-correct-and-risk-averse-victoria-police-ensure-crime-thrives/news-story/a0b9e9c2107e23f59603569843cc5277">SOURCE</a>

Doctor and his wife win $1m after being tasered by W.A. cops

<i>Sheer thuggery. Catherine Atoms and Robert Cunningham were walking past the Esplanade Hotel at night in November 2008 when they stopped to help a man lying in bushes nearby. Police arrived shortly afterwards and tasered the couple, before handcuffing them and charging them with obstructing a public officer. The charges were later dismissed. The biggest disgrace is that all the watchdogs failed to bark.  It should never have got to court. There clearly is an official culture of protecting the police, right or wrong.  </i>

A law professor and his wife who were yesterday awarded more than $1 million in damages after an unlawful arrest have told how they risked going bankrupt to expose how they were treated by police officers.

Robert Cunningham and Catherine Atoms wept in the District Court yesterday as their eight-year battle resulted in a judge announcing the massive payout.

Judge Felicity Davis found they were assaulted, tasered, unlawfully detained and maliciously prosecuted by police after stopping to help a stranger on a night out in Fremantle in 2008.

But it was a hollow victory, with Ms Atoms’ career as a community engagement consultant in tatters.

She was put into "performance management" in her relatively new job after being charged by police and by the time a magistrate threw the case out 18 months later, she was on her way "out the door".

The bulk of damages — $1.024 million — were awarded to Ms Atoms for loss of earnings and the distress and back injury she suffered, with $110,000 awarded to Dr Cunningham.

Judge Davis told the court that she calculated percentages of liability for individual officers and the State and made an order for "aggravated damages" against one officer, Simon Traynor.

The police were represented by government lawyers and supported by the Police Union, which is considering an appeal.

WA Police Union President George Tilbury said:"The WA Police Union will assess Judge Davis’ reasons when they are published on Thursday, December 15. WAPU will consider the merits of an appeal and continue to support the officers involved".

Outside court, the couple told The Weekend West that they would have been financially devastated by legal costs of the other parties if they had lost the case.

"We would have had to file for bankruptcy, that’s what was on the line for us," Dr Cunningham said.

"We had to sue both the State and the individual who had separate legal counsel, so we would have been subject to two sets of legal costs of an 18-day trial."

Dr Cunningham and Ms Atoms took the action after all of their efforts to hold the officers to account failed — a police internal investigation cleared them of wrongdoing and the Corruption and Crime Commission agreed with the outcome, refusing to instigate its own inquiry despite criticism by its then parliamentary inspector.

"I have a great sadness that the legal system pushes you into dollars and cents when that’s not always what it’s about," Dr Cunningham said.

"We were concerned about the systemic issues and how less privileged people in society may be subject to this type of behaviour by the police on a regular basis and all of the consequences that flow from that.

"People lose faith in the justice system. They lose faith in the good police officers serving our State."

Ms Atoms said she would take no satisfaction from the decision unless it sparked change. "I think it’s important to recognise that a lot of people experience far worse," she said.

"If justice is so out of reach for us, how far out of reach is justice for the broader public?"

Dr Cunningham called for the CCC to finally hold its own investigation of the case.

"From our personal experience, we’ve learnt that unfortunately the CCC does not appear to be fulfilling its mandate of successfully overseeing the activities of the WA Police service," he said.

"Until we have some confidence that this kind of thing is less likely to happen as a result of this, through some sort of systemic review, then we haven’t been fully successful in this action."

Excessive force systemic at Ballarat: IBAC

Ballarat police who stripped a drunk, off-duty officer half naked while she was in custody and kicked and stomped on the vulnerable woman could be charged over the incident.

The January 2015 matter was been directed to the Director of Public Prosecutions after Victoria's anti-corruption watchdog found it was just one example of excessive force at the Ballarat station outlined in a report tabled in state parliament on Thursday.

IBAC commissioner Stephen O'Bryan QC made four recommendations, including human rights training for officers.

He also suggested the government should consider decriminalising public drunkenness, bringing it into line with every state but Queensland.

Both the government and Victoria Police have baulked at the prospect of decriminalising public drunkenness, saying the laws are there to protect the community and the drunk person themselves.

But acting deputy commissioner Luke Cornelius said Victoria Police would accept the four recommendations and were waiting on the DPP to decide whether charges should be laid.

"It is clear to us that our high standards and expectations in treating citizens with dignity and respect certainly fell short," Mr Cornelius told reporters.

The inquiry was launched after IBAC received CCTV footage from Victoria Police showing the 51-year-old woman being kicked, dragged, stripped and stomped on in police cells.

The officers involved did not know at the time that the woman, who had been arrested for public drunkenness, was a serving police officer on leave for medical reasons.

The woman at the centre of an investigation into shocking police brutality allegations is planning to sue the force. © Ten News The woman at the centre of an investigation into shocking police brutality allegations is planning to sue the force. At IBAC hearings in Ballarat in May, one of the officers involved denied kicking the drunk woman and insisted she only "touched" her with her foot to calm her down and another said the struggle ensued when the woman tried to escape the cell.

All officers involved have returned to work on reduced workloads.

The inquiry also investigated three other complaints of excessive use of force at Ballarat by one officer who later received a promotion to the rank of sergeant.

The officer dragged a woman into an interview room in 2010 and held two women in a choke hold when they refused to leave the station in 2009 - actions which he later admitted to IBAC were "entirely inappropriate".

The public hearings were told Ballarat station attracted more than three times the average number of assault complaints against officers.

Police Minister Lisa Neville said a line had definitely been crossed at Ballarat.

"There is no room in Victoria Police for these sorts of behaviours," she said.

<a href="http://www.msn.com/en-au/news/australia/excessive-force-systemic-at-ballarat-ibac/ar-AAk76Nu">SOURCE</a>

Queensland police officer who pulled gun on couple in outback awaits magistrate's ruling

A Brisbane magistrate has reserved his decision in the case of a police officer who pulled a gun on a couple for speeding along an outback Queensland highway in May last year.

Senior Constable Stephen Flanagan was charged with assault and deprivation of liberty after the couple lodged a complaint over the ordeal.

Flanagan's own dash-cam recorded most of the incident, where he is seen honking at the driver, before getting out of the car and pointing his pistol while swearing at the couple.

He is then filmed handcuffing the driver on the side of the highway, before issuing him with a speeding ticket.

The summary trial began yesterday and heard from three witnesses including Flanagan, driver Lee Povey and his partner Anna Lisa Cruse.

'Put you ******* hands in the air'

Mr Povey told the court he was confused at why a police car was following him without any lights and sirens.

He said when he eventually pulled over, he saw the police officer walking towards his vehicle window pointing a pistol and swearing.

"First up, he said, 'Put your ******* hands up in the air,'" Mr Povey said.

Mr Povey said he could feel the gun being pushed into his back while he was being handcuffed outside the car, a claim Flanagan told the court was unlikely.

Several videos of the incident were tendered to the court, including Flanagan's dash-cam and a recording Ms Cruse made on her smartphone.

Officer not a rogue lunatic: defence

In his final submissions, Flanagan's defence lawyer Stephen Zillman said the officer thought the car was stolen and the driver may have had a firearm, so he acted quickly.

"From what we've seen and heard on video, it's clear, he was very, very, highly stressed," he said. "It's not the case of some rogue lunatic police officer simply pulling pistols out, pulling them at someone who's been speeding."

The matter has been adjourned until December 7 and Flanagan's bail has been extended.

<a href="http://www.msn.com/en-au/news/australia/queensland-police-officer-who-pulled-gun-on-couple-in-outback-awaits-magistrates-ruling/ar-AAk4Q9O">SOURCE</a>

Murky past of NSW cop Damian Goodfellow, and the criminal who went on to kill

A senior NSW police officer who played a key role in a botched drug case that resulted in a violent criminal being released to roam the streets has been convicted of assault, drink driving and has twice survived recommendations he be fired.

Despite an assault conviction for the drunken bashing of an off-duty colleague at a cricket international, then being arrested at gunpoint for fleeing a breath test and crashing a police car, Damian Goodfellow has climbed through the police ranks to become one of Sydney's most prominent crime managers.

A Fairfax Media probe has placed him at the heart of two recent significant investigations that resulted in a drug sting that left four police officers claiming they were wrongly persecuted, and the release of a criminal who was facing serious drugs charges:

    "As acting crime manager at Kings Cross local area command in 2011, Detective Inspector Goodfellow filed a report to the agency's Professional Standards Command that later resulted in a string of drug charges being inexplicably dropped against a violent criminal named Wayne Edward Jones. A year later, the Nomad Outlaw Motorcycle gang member, who was operating an illegal prostitution racket in Kings Cross, tortured and strangled to death a mother of four.

    As the current crime manager at Newtown, Inspector Goodfellow was one of three senior police from the station who, based on "strong supposition", recommended a "covert investigation" be launched against the only openly gay male officers within the command, targeting illicit drug use. After combing through their private lives for six months, the operation found no evidence of wrongdoing. The Anti-Discrimination Board of NSW has since "accepted for investigation" four individual complaints of employment-based "homosexuality discrimination" against the force"

In 1999, Inspector Goodfellow was one of two police personnel who were recommended be sacked after they repeatedly punched a third off-duty officer during a drunken brawl at a one-day cricket international at the SCG.

Magistrate Kevin Flack recorded convictions and fined each of the officers $400 plus $52 court costs.

The then police commissioner Peter Ryan gave Inspector Goodfellow a second chance.

But in 2002, he was convicted again, this time of drink driving, after an erratic attempt to skip a breath test resulted in him crashing an unmarked patrol car.

While Mr Ryan lost his patience and issued a dismissal notice, Inspector Goodfellow received another reprieve from incoming commissioner Ken Moroney who, 18 months earlier, had delivered a heart-warming speech at the detective's wedding to fellow officer Carlee Mahoney, the daughter of then assistant commissioner Reg Mahoney.

Police sources who spoke to Fairfax Media at the time expressed dismay that other officers, with no such ties, had been sacked for far less.

Mr Moroney responded by saying his confidence in any officer was relevant to them acknowledging their mistakes and their continued good behaviour.

"Leniency extended once is rarely extended twice," he said.

Inspector Goodfellow was in the headlines again 12 months later as was one of four off-duty officers who were hospitalised following a punch up inside a Kings Cross strip club.

While he was the least injured, Inspector Goodfellow had been knocked unconscious.

"There's no suggestion they made it known they were police officers," said former Kings Cross commander Dave Darcy, who added it was irrelevant they were from the force.

"It could just as well have been any group of young people who happened to be visiting a strip club."

While more than 10 years have passed since those personal indiscretions, Inspector Goodfellow is again under scrutiny after a Fairfax Media investigation published explosive revelations last week about a Kings Cross drug case, handled by him, that ended in controversy and tragedy.

After the drugs case was bungled, Senior Constable Glen Roberts faced charges relating to the professional standards report filed by Inspector Goodfellow (see below).

But in court, magistrate Graeme Curran tongue-lashed police, labelling the conduct as "quite unacceptable" and "quite inexcusable".

In dismissing the case against Senior Constable Roberts and awarding him costs, Mr Curran pointed to two "critical" pieces of evidence the agency had withheld from the Office of the Director of Public Prosecutions and the defence that would have proved the officer's "truthfulness" from the start.

But equally as important, he cited the prosecution's "failure to obtain" any form of statement or evidence from Inspector Goodfellow. "It could have been of assistance to the prosecution ... it may easily have been of assistance to the defence," he said.

Fairfax Media requested an interview with Inspector Goodfellow and also forwarded him questions about the case. However, the NSW Police Force advised he was on scheduled annual leave. It provided the following statement:

"[Inspector Goodfellow] was not relieving as crime manager when the charges were recommended for withdrawal.

"The charges against Jones were properly and ethically withdrawn when the force found it could no longer rely upon the evidence upon which the [drug] charges were founded. It was alleged the original information provided by the main police witness [Roberts] was incorrect and that witness never produced a statement for use in court.

"The charges preferred against the former officer were supported by the Director of Public Prosecutions (DPP), and this matter was prosecuted by the DPP. Any questions concerning material contained within the brief are best referred to the DPP."
The botched drug bust that set free a criminal

In April 2011, Senior Constable Glen Roberts witnessed a drug exchange in Darlinghurst between a man, Wayne Jones, and one of three young women he had allegedly transported to Sydney from Newcastle and the Central Coast for prostitution.

Already on parole over a brutal bashing that left a woman disfigured, the drug charges served that night were enough to send Jones back to jail for several years. But a short time later, Inspector Goodfellow forwarded a "report" to the Professional Standards Command.

It's contents remain a mystery. However, it led to the PSC charging Senior Constable Roberts with having fabricated evidence and Jones being released from jail in October 2012.

A year later, Jones tortured, burned, bashed and strangled Central Coast mother of four Michelle Reynolds in a Coffs Harbour motel while high on ice.

When Senior Constable Roberts' own case finally came before Sydney's Downing Centre in 2013, the prosecution went all out to jail him.

Today, after being exonerated by Mr Curran, Senior Constable Roberts is no longer in the force and is haunted by "what might have been" had Jones' charges not been "wrongly withdrawn".
The secret police drug sting and the gay officers

In May last year, Inspector Goodfellow was the "resolution manager" who, with two senior colleagues at Newtown, escalated a complaint to the PSC, recommending a sting be launched against three serving gay officers and one of their long-term partners who used to work at the station, over suspicions they might be taking drugs.

The result was an eight-man strike force codenamed "Andro" that, six months later, had turned up "no evidence" of drug use or "related misconduct". The covert operation is estimated to have cost about $250,000 in wages alone.

Their lawyer has since written to police hierarchy, complaining about the "improper use of public resources" to "systematically target" the men because of their "sexual orientation".

Assistant Commissioner Mick Fuller replied, stating he was "satisfied" the investigations were "appropriate in the circumstances".

The initial response from Anti-Discrimination Board NSW suggests otherwise and it has "accepted for investigation" all four complaints of "homosexuality discrimination" against police.

Despite suppressed documents entitled "behavioural observations of subject officers", "analysis of subject officers' communications" and further material relating to bars "regularly visited", the force said on Saturday the investigation had "involved no covert surveillance as alleged".

It added the inquiry was "concluded before it was necessary" to interview any of the men who had been "exonerated of any wrongdoing." Only one of the officers remains in the force.
The life and crimes of a Sydney police officer

1995: As a probationary constable, Damian Goodfellow was forced to apologise to a motel owner after property was damaged and female guests harrassed during a police conferencing session.

1999: Bashes a fellow off-duty officer at the SCG while drunk, is convicted of common assault and fined $400. Receives notice requiring him to show cause why he should not lose his job. Then Commissioner Peter Ryan gives him a second chance.

2000: Marries the daughter of NSW Assistant Commissioner Reg Mahoney. Future Police Commissioner Ken Moroney is among the speech givers.

2002: An attempt to flee a breath test backfires when he crashes a police car while drunk and then gets arrested at gunpoint. Fined by the court. Loses his licence. Issued with a dismissal notice by Mr Ryan but gets another reprieve by incoming Commissioner Ken Moroney.

2003: Among four off-duty officers hospitalised after a violent, early hours brawl inside a Kings Cross strip club.

2007: Receives specialist promotion to senior sergeant at what was then Special Crime and Internal Affairs.

2009: Joins Kings Cross as Duty Officer.

2011: While Goodfellow stands in as acting crime manager at Kings Cross, one of the station's detectives, Glen Roberts, lays drug charges against local crime figure and Nomads bikie gang member Wayne Jones. After Goodfellow sends a report to the force's Professional Standards Command (PSC), they are dropped.

October 2012: Senior constable Roberts is charged by the force with having fabricated false evidence against Jones.

December 2012: Jones tortures, bashes and strangles to death Central Coast mother of four Michelle Reynolds.

2013: A magistrate dismisses the case against Roberts, awards him costs and slams police for failing to obtain evidence from Goodfellow and concealing, for two years, vital evidence from the DPP that verified the detective's "truthfulness".

2015: Goodfellow, now crime manager at Newtown, is one of three senior police who, based on "strong supposition", signed off on a joint decision to investigate four officers over illicit drug use. The men, who are gay, claim homophobia sparked the six month sting - which found no evidence of wrongdoing.

2016: The Sun-Herald reveals the chain of events that led to the murder of Michelle Reynolds.

<a href="http://www.msn.com/en-au/news/australia/murky-past-of-nsw-cop-damian-goodfellow-and-the-criminal-who-went-on-to-kill/ar-AAjWQ19">SOURCE</a>

Crooked cops in NSW

<i>The crooked cops always slime the honest ones, thus making it hard to tell the sheep from the goats</i>

Deputy Police Commissioner Catherine Burn is likely to face adverse findings when the Ombudsman's long-running and controversial police bugging inquiry, Operation Prospect, tables its report, leaked letters have revealed.

An adverse finding would seriously dent any chance Ms Burn had of replacing Police Commissioner Andrew Scipione when he retires.

The two letters sent to Acting Ombudsman John McMillan by the NSW Crime Commissioner Peter Hastings, QC, have blasted the $10 million Operation Prospect investigation as unfair.

Mr Hastings threatens to seek an injunction in the Supreme Court to block the public release of the report when it is tabled in NSW Parliament.

The Greens will separately seek to "kill off" the report, by amending a police oversight bill in NSW Parliament next week, to terminate the Operation Prospect inquiry.

"Any report that the Acting Ombudsman delivers will be so infected by gross procedural injustice that it will never be accepted as either fair or impartial," Greens MP David Shoebridge said last night.

The Ombudsman has been investigating events that took place 17 years ago, when former deputy commissioner Nick Kaldas was among about 100 police bugged during a police internal affairs unit investigation involving Deputy Commissioner Burn.

The Ombudsman's report is still being written and is due to be released before Christmas.

The heavily redacted letters, obtained by Fairfax Media, confirm for the first time that Ms Burn, Mr Kaldas and former NSW Crime Commission chief Philip Bradley face recommendations of adverse findings.

But the letter attacks the investigation, begun by former ombudsman Bruce Barbour four years ago, for allowing key witnesses to make submissions that were not disclosed to other parties.

Mr Kaldas, who has previously made serious complaints about the Ombudsman's inquiry, retired from NSW Police earlier this year, bowing out of the race for the Commissioner role.

The letter says the process used by the Ombudsman's office is "intolerable", and it was "fundamentally unfair" that Mr Bradley has been unable to see evidence given by important witnesses against him.

Mr Hastings says he has discussed the matter with Ms Burn and "I understand her lawyers have expressed similar concerns about the processes generally and specifically in relation to the failure to put matters to her [redacted] about which recommendations are now apparently being made for adverse findings", the letter says.

"It is a matter of public record that former deputy commissioner Nick Kaldas has serious complaints about the manner in which the investigation has been conducted ... It is significant that those senior personnel who have been investigated but who have different interests, have major grievances about the way in which they have been treated," the letter says.

The report will cause "substantial reputational damage suffered ... The situation is wrong and the damage will be irremediable."

It threatens that Ms Burn, Mr Kaldas and Mr Bradley may join any legal action to injunct the report in the Supreme Court.

However, Ms Burn last night distanced herself from the letter.

"I am under strict directions from the Acting Ombudsman not to disclose the matters in which I have been involved in the Operation Prospect Inquiry. Contrary to a media report today, I have not decided to join in an application to the courts complaining about the process of the inquiry,'  she said in a statement.

No details of the adverse findings have been revealed in the redacted letters.

The October 26 letter also calls for the dispute between the government authorities to be referred to Premier Mike Baird within seven days.

A spokesman for Mr Baird said a copy of the letter had been sent to Mr Baird's office late this week.                

"We look forward to receiving the Ombudsman's report and will respond in due course," he said.

A spokesman for the NSW Crime Commission declined to confirm or deny the contents of the letter.

The Ombudsman's office said the report was still being written and would be tabled in Parliament before Christmas.

Mr Shoebridge said: "From day one it was clear the Ombudsman's office was not up to the job of investigating this extremely sensitive police bugging scandal, and it has hidden its inadequacies behind a wall of secrecy and a grossly unfair process.

"Parliament created this monster and Parliament now needs to do the right thing and kill it off before it causes any more damage."

<a href="http://www.msn.com/en-au/news/australia/deputy-police-commissioner-catherine-burn-likely-to-face-adverse-finding-letter-reveals/ar-AAjTkJp">SOURCE</a>

Corruption in high places? NSW Police dropped drug charges that allowed a violent criminal to kill

Glen Roberts served in the Cronulla riots and survived being mowed down twice by the same car during a dramatic police pursuit.

Yet his professional career – and his personal life – will forever be defined by a drug exchange he wishes he had never, by chance, witnessed.

One of the two people he arrested and charged that night in April 2011, Wayne Edward Jones, was a major crime figure who, already serving parole, was sent straight back to jail – where he should have remained for several years.

Yet for reasons known only to a select few officers within the NSW Police Force, he did not.

Michelle Reynolds with one of her young sons. © Janie Barrett Michelle Reynolds with one of her young sons. Six months later, the charges against Jones were inexplicably withdrawn and he was freed - with deadly consequences.

Jones later booked into a Coffs Harbour motel where, high on ice, he hogtied, tortured and strangled to death a mother-of-four, Michelle Reynolds. He then ordered take-away pizza beside her broken body before dumping her in bushland the following day.

Senior Constable Roberts, meanwhile, found himself charged with having fabricated "false evidence" in the drug case against Jones.

A Fairfax Media investigation has now found that the force appeared so determined to discredit the officer over what he saw that night, it broke the law by withholding two crucial pieces of evidence from the Department of Public Prosecutions (DPP) and Senior Constable Roberts' defence lawyers which proved his innocence.

As a magistrate was still getting his head around the prosecution's case against Senior Constable Roberts, which he later remarked "should never have started", the worst possible news surfaced in court.

The same violent offender whose drug supply charges had strangely evaporated 14 months earlier had since become the subject of another serious criminal case at Coffs Harbour.

"Sorry your honour … I just have a question," said a court assistant about what first appeared to be a mix up with files. "The case … is for a murder charge."

"We all looked around in disbelief," recalled Senior Constable Roberts.

"The man whom I had charged, who should still have been inside, and for whom I was now in court, had killed someone. I was absolutely devastated."

On April 4, 2011, Senior Constable Roberts and a colleague were patrolling Sydney's Kings Cross where they observed Jones and three young women in a situation that prompted concerns of underage prostitution. Senior Constable Roberts then observed Jones "clearly and without obstruction" place both his hands down the front of his pants and remove "a plastic item" before transferring the object into the co-accused's hands" which she swiftly stuffed down the front of her shorts.

They called for back up and a a female officer searched the girl and located the package inside her pants which contained bags of heroin, ice and marijuana.

However, back at the station, the seemingly straightforward arrest started to unravel when the 21-year-old woman divulged that she had been assisting Newcastle-based detectives with classified intelligence about Jones and his bikie gang associates, describing scenes involving big silver cases and "pounds of drugs" laid across tables. "He is part of the Nomads ... they all are," she said. The woman went on to explain how the previous evening Jones had rounded her and two teenage girls up, conducted an ice deal at a service station and then bashed her and forced her to drive, unlicensed, to Sydney for the purpose of prostitution.

"He had sexual intercourse with me even though I tried to stop him ... and then after that he forced me to do two jobs …otherwise he was going to do it again." She also alleged he had raped one of the other girls.

Throughout the interview, the woman said she was "scared", adding: "Once he overdosed me on heroin and just left me there. Other days he just belts me."

The drugs that led to the arrest of Wayne Jones in 2011. © Supplied The drugs that led to the arrest of Wayne Jones in 2011. Years earlier, Jones had smashed a woman so hard with a car "club lock", it caused the left side of her face to collapse. He received a seven and a half year sentence with a non-parole period of four and a half years.

He was still on parole for that horrific attack when the drug exchange took place. He was now served with three drug possession charges, one count of dealing with suspected proceeds of crime and an additional charge of supply of an indictable quantity of drugs, which carries a maximum 15 year prison term.

Yet six months on, some shadowy element in the police force set wheels in motion to withdraw all those charges and have Jones freed.

In turn Senior Constable Roberts was suddenly accused of lying about what he'd observed on the night and was charged with "fabricating false evidence with intent to mislead judicial tribunal".

When the case was heard in Sydney's Downing Centre in April 2013, it emerged that the prosecution's case against Senior Constable Roberts hinged on one statement from a senior constable who said Roberts had told her he "hadn't actually seen" the drug transaction that led to Jones being charged.

Yet two pivotal pieces of evidence, which the force had failed to produce for two years, proved otherwise. The first, an official record of interview in which Jones' co-accused acknowledged she personally saw Senior Constable Roberts witness the exchange. "I know you saw me," she said, adding: "I spotted that."

The second testimony came from the female constable called to the sceneto search the three women. In her statement, which police did not disclose, the officer recalled Senior Constable Roberts saying: "I've seen her hug the accused and possibly put something down the front of her pants."

Under the Director of Public Prosecutions Act 1986, police are legally bound to "disclose" to the DPP "all relevant information, documents or other things obtained during the investigation" that might reasonably be expected to assist the case for the prosecution or that of the accused person.

Magistrate Graeme Curran said it was that "critical" evidence that not only favoured the "truthfulness" and "accuracy" of Roberts' observations, but "founded" the supply charges then laid against Jones.

"For reasons which just remain completely inexplicable and quite strange … this document was not provided to the DPP. This is despite a request that it be made available to the DPP."

Michelle Reynolds was dumped in bushland by Wayne Jones. © Frank Redward Michelle Reynolds was dumped in bushland by Wayne Jones. He added: "It seems quite exceptional, quite unacceptable, and as far as I am concerned, quite inexcusable in relation to the conduct of this matter before the court."

NSW Greens justice spokesman David Shoebridge said on Saturday: "This was either the grossest incompetence or, these actions were conducted with the clear intent of delivering a serious miscarriage of injustice. Either way, the consequences have been deeply tragic."

Senior Constable Roberts has had plenty of time to speculate on why someone in the force freed Jones and then attempted to "throw him under a train". But central to the grief that still consumes him is the question of what might have unfolded, had he never made the arrest that night.

"I'm still plagued by the thought that I may have saved the lives of those three young girls, but I cost another woman hers."

On Saturday, the force released a statement to Fairfax Media acknowledging "the seriousness of this issue."
How the bizarre sequence of events unfolded

Feb 2003: Wayne Jones bashes a woman so hard with a car "club lock", the left side of her face collapses. He already has convictions for armed robbery, possession of a pistol and numerous drug-related charges. At the end of the year, he receives a 7year sentence with a non-parole period of 4years.

Apr 2011: Kings Cross Senior Constable Glen Roberts witnesses a drug exchange involving Jones and a woman who he allegedly brought to Sydney to prostitute. Jones' parole is revoked and he is returned to jail. It emerges the woman has been forwarding classified intelligence about Jones' involvement with a major drug supply and the Nomads motorcycle gang.

Oct 20: All charges against Jones are withdrawn. He is freed.

Nov: Within weeks of being released, Jones is charged with possessing a knife in public, driving while disqualified, dealing with proceeds of crime and possessing identity information to commit an indictable offence. He again avoids jail and is placed on good behaviour bonds, the last of which expires on November 18, 2014.

October 10, 2012: Senior Constable Glen Roberts is charged with "fabricating false evidence with intent to mislead judicial tribunal".

December  11-17: Jones tortures, bashes and strangles Central Coast mother Michelle Reynolds in a Coffs Harbour motel room, then dumps her battered body in bushland.

June 6, 2013: A judge dismisses the case against Senior Constable Roberts and is scathing of police after they were found to have concealed "critical" evidence from the DPP that verified the detective's "truthfulness" and the case against Jones.

October 2014: Jones is sentenced to minimum 20 years jail for murder.

<a href="http://www.msn.com/en-au/news/australia/deadly-decision-police-dropped-drug-charges-that-allowed-a-violent-criminal-to-kill/ar-AAjzw63">SOURCE</a>