Qld: CMC, police at odds over discipline

AAP General News (Australia)
08-07-2009
Qld: CMC, police at odds over discipline

By Steve Gray

BRISBANE, Aug 7 AAP - Queensland's corruption watchdog and the police service are at
odds over whether an overhaul of the police disciplinary system is needed.

The debate came as it was revealed Deputy Commissioners Kathy Rynders and Ian Stewart
opted for "managerial guidance" instead of disciplining five officers identified in Operation
Capri.

The operation, detailed in a Crime and Misconduct Commission (CMC) report Dangerous
Liaisons, found the officers allegedly offered inducements to prisoners in exchange for
evidence.

The two senior officers deemed the CMC had provided insufficient evidence against the
five to warrant discipline.

CMC chairman Robert Needham is unhappy with the result of the process and has now flagged
a review of police disciplinary procedures.

Police Commissioner Bob Atkinson said in a statement that "it was inevitable and probably
healthy that there are occasional differences of view between the two agencies".

Premier Anna Bligh said she had discussed the issue of police disciplinary procedures
with Mr Needham and supported the review.

"I think there have been some instances in recent times that have raised questions
in the mind of the public, so I welcome the attention from the CMC to thoroughly review
this area," Ms Bligh told reporters on the Gold Coast.

Queensland Police Union president Ian Leavers said police should be judged on the same
standards as ordinary citizens.

"Everyone's still innocent until they're proven guilty," Mr Leavers told reporters.

"It's un-Australian for us to have a kangaroo court which will sack police, without
evidence, for doing their jobs.

"If it starts with police, where else is it going to happen?"

The Queensland Council for Civil Liberties (QCCL) lent support to the union argument.

"Of course it shouldn't be impossible to sack police, but equally you can't have a
system where police have a lesser standard of fairness in relation to being dismissed
than other public servants," council vice-president Terry O'Gorman said.

He said police were sometimes skilful at frustrating investigations to which they were
subject, but that meant investigators need to be even more skilful.

Mr O'Gorman said the CMC seemed to be edging towards a dismissal system used in other
states where an officer is sacked if he or she loses the confidence of the commissioner.

"That, without proper procedural protections, can result in a supervisor waging a vendetta
against someone lower in rank," Mr O'Gorman said.

Police Minister Neil Roberts backed the senior police officers.

"I am satisfied that the disciplinary processes applied to the officers concerned was
appropriate," he told AAP.

"The CMC has the right to appeal the outcome of any disciplinary process undertaken
by the QPS (Queensland Police Service)."

Mr Atkinson said the CMC could appeal police handling of a disciplinary matter to the
Supreme Court.

"The QPS disciplinary process is evidentiary-based and as a matter of law the decision
maker must have sufficient grounds before substantiating a matter and thereafter imposing
a disciplinary sanction," Mr Atkinson said.

"This means that from time to time, an individual decision maker or officer may decide
that there are insufficient grounds for disciplinary action."

AAP stg/pjo/jfm/mn

KEYWORD: DISCIPLINE WRAP

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