April 1999 Volume 80 Number 4 "serving the protectors"
Straight to the Point
By Trevor Haskell  PASA Executive Committee Member

Discipline - A Follow On

In the March Police Journal I wrote of the need for change and hoped that with the current changes being implemented would also come a change of attitude.

One of the sayings I have near my desk at work reads:

As everybody who has anything to do with the law well knows, the path of the law is strewn with examples of open and shut cases which somehow were not, of unanswerable charges which, in the event, were completely answered, of inexplicable conduct which was fully explained, of fixed and unalterable determinations that, by discussion, suffered a change. (McGarry J in John V Rees, 1970)

It seems to me that in a number of cases of which I have been aware, the laying of charges preceded a full understanding of what had happened. The charges once laid proceed for some apparently inexplicable reason.

Where there is a loss in the court system, or a withdrawal prior to court, there is a very predictable knee-jerk reaction to laying charges under the Police Act and Regulations, a double jeopardy for coppers, and now possibly compounded by the possible use of a performance agreement for a third go.

While I know that there are cases where such action will be justified, in many instances the charges are so petty that they should have been dealt with at the performance level at the start.

The new changes hopefully are an indication of a change of approach. Time will tell.

Legal Protection

Ian Hills earlier this year raised a very worrying “legal” situation facing coppers at the moment. For most of my policing career, I (and many others) had a mistaken belief that my reasonable and lawful actions on the job would be supported by management. This extended from practical and immediate support from my supervisors through to legal protection if sued or prosecuted by those I dealt with as a cop.

I based my belief on practical experience and the fact that in my days on the road there was real and active support right through the system. I cannot believe how naive I was. Now I find that coppers have no legal protection, or if they do it is at the whim of some bureaucratic legal eagle.

I am unsure as to where this whim has emanated from, but it seems to have emerged with the tightening of the dollar. My suspicion is that coppers are being not being supported “legally” to save a dollar.

The Police Association has spent thousands of dollars fighting legal battles that should have been funded by SAPOL or the government. Some of these have included costs incurred to stop fishing trips by solicitors getting access to personal and PCA files, legal support in coroner’s inquests, and civil actions against members.

I believe that it is a disgraceful abrogation of responsibility, and it is little wonder that many are feeling that senior management and the government don’t give a damn about them. They want you to give your all fighting the good fight on the streets, but don’t want to dirty their hands supporting you. Leadership, fairness and justice are wonderful words, but many are dismayed by the lack of it for rank-and-file coppers.