October 1998 Volume 79 Number 10 "serving the protectors"
the Readout

Outraged Over One Criminalized

Dear Sir

I refer to the increasing amount of articles about charges against SA police officers.

While I agree that there has to be an independent body investigating any complaints against officers, I am alarmed at the manner in which evidence is collected to support any alleged breaches of conduct.

One would sincerely trust that evidence sought against a felon for subsequent prosecution would be more painstakingly and thoroughly collected than has been demonstrated by the IIB. Surely these members of the Internal Investigation Branch would do their utmost to investigate every opportunity to ensure that the accused officer has every chance to have their defence put forward in the best possible light.

One such case in point is Constable Jackie McDonald’s story (Criminalizing a Cop, Police Journal, May 1998). To have a charge still outstanding from 1994 to 1997 is the most disgraceful example of inefficiency and an attitude from the IIB of total unconcern for the physical and mental state of Jackie McDonald.

What reason did the IIB have for not viewing the video tape with the same scrutiny as Bill Morris? It would appear that the Police Association has a champion in Bill, as for what I have read of these cases, he has taken the trouble to do what the IIB seem incapable of. Keep on fighting, Bill, and to the Association I say, good on you for being a champion for the members’ cause.

R. Rosey.

Anguish of Police Complaint Over

The Editor

I received a letter today (26.08.98) from solicitors, Pearce and Meister, engaged by the Police Association on my behalf concluding a civil matter I had become involved in. “The plaintiff has formally discontinued his claim”.

This being the last chapter in the IIB, PCA and DPP investigations, I too, as the others before me in the last few journals, feel a need to put pen to paper.

My story starts at about 11:00 pm on 30 October, 1996.

Until my recent transfer to Whyalla, I was the officer-in-charge of the Port Victoria Police Station which is supposed to be a two-man show. As a rule, when one of us was on annual leave, Kadina would supply relieving staff. However, because of staff shortages and the extra $25 per day the Police Department had to spend on relieving staff, I was left to my own devices.

I received an anonymous phone call from a female at Point Pearce stating a car which was possibly stolen was being driven around Point Pearce. There was nothing really unusual about this as stolen cars turned up on a fairly regular basis. I proceeded to get out of bed and get dressed when I received another phone call from the local Catholic priest stating that this same vehicle was now chasing him on the Point Pearce to Port Victoria Road at speeds up to 180 kp/h. There were two other people in the car with the priest.

I drove from Port Victoria to the Point Pearce intersection which is about five kilometres from Port Victoria. I could see two vehicles travelling on the dirt road towards me. I received another call from the priest confirming that he was the lead vehicle.

I intercepted the second vehicle, a panel van, and caused it to stop. I approached the driver’s door and saw a large bikie-looking male sitting in the driver’s seat. I recognized the front passenger as a person who, over recent days and weeks, had made threats to “get” me.

I heard other voices in the back of the van but couldn’t see those to whom they belonged. I asked the driver to step out of the car. He became abusive and aggressive. I opened the car door and saw a steel-handled truncheon along side the driver’s door.

The driver got out and took a swing at me which missed. I retaliated and punched him in the side of his face. To cut a long story short, I ended up on the ground with this bloke attempting to handcuff him. I had him face first in the dirt road when the passenger joined in and was trying to drag me off him. I ended up fighting with both of them.

I saw others exiting the van so I called for back-up from Maitland which is 25 kms away. After what seemed like an eternity, the priest and his two passengers returned and assisted me in distracting the passenger long enough to handcuff this offender.

I saw that the driver of the car I had hit had a nasty injury to the left side of his face. Shortly afterwards, back-up arrived and the other offender was arrested. I suffered bruising, abrasions and cuts as a result of the incident.

A few days passed by when I learnt that a police complaint had been made by the principal offender in this matter. He alleged:

He struck me in the face with a torch then kneed me under the chin. While I was on the ground he jumped on me kneeing me in the back. While I was on the ground I was handcuffed he then struck me while I was on the ground twice in the face with a torch and then punched me in the right eye.

Not a bad story. In due course I was contacted by IIB and an interview was conducted on video. I was looking down the barrel at AOABH (assault occasioning actual bodily harm) at the very least, as the complainant/defendant required facial reconstruction to the bone around the eye.

The complainant pleaded guilty to assault police, resist, carry offensive weapon, manner dangerous, PCA, etc, in the Maitland Magistrates Court on 18 March, 1997.

I would have thought that the guilty plea would have basically been the end of the matter. I had provided:

• Statements from witnesses at the scene.
• Witnesses to conversations in which it was stated that I was to be “set up”.
• The conflicting stories the complainant came up with.
• My defence of self-defence.

Regardless of this, the case kept dragging on.

I really have no complaint with the way the IIB investigator handled the matter; he was there to investigate and report the facts, which he did. I do have a problem, however, with the length of time it took to conclude the matter: I received notification on 14 January, 1998 (15 months after the incident) from the Police Complaints Authority that the matter had been found to be unsubstantiated.

Just when I thought it was safe to go back in the water, I received a summons in March 1998 from the complainant via his solicitor. I was apparently being sued for criminal injuries.

I contacted the Police Association with which I had been in touch throughout this fiasco. The Association provided me with legal funding. This letter is mainly to say a big thank you to the Police Association and solicitor, Paul Abfalter of Pearce and Meister for their assistance and advice in this matter.

Steve Sims
SC1G 294/3
Whyalla Patrols.