TONY EASTLEY: Now to a story about New South Wales Police.A magistrate in the south-western New South Wales city of Wagga Wagga says police there nearly beat a man to death, fabricated evidence about him, and later lied in court about the incident.
Details emerged in a case before the Local Court this week.
Magistrate Bill Pearce, who also found that police planted a knife at the crime scene, has referred the matter to the New South Wales Police Integrity, [Selective], Commission.
The State Opposition wants to know now why an internal police inquiry into the incident a year ago cleared the officers involved.
Nick McKenzie reports.
NICK MCKENZIE: "The product of too much power for too long", such was the damning finding of Magistrate Bill Pearce, while presiding over a case that began with charges of assaulting police, and ended with a finding that it was instead a police officer who did most of the assaulting.
The defendant, 41-year-old Alan Hathaway, was charged in Wagga Wagga early last year, after fleeing from police who tried to arrest him over driving offences.
He jumped over several fences, before hiding in a bedroom of a nearby house. He was found by a police officer, Constable Chris Jackson and an altercation followed.
The Court heard Mr Hathaway was left with severe facial injuries, an arm broken in three places, as well as injuries to his lower body. He was hospitalised for more than a month.
Constable Chris Jackson claimed he was defending himself, after two doses of capsicum spray failed to subdue a violent Mr Hathaway. Police also claimed a knife was found in the bedroom, which had been placed by Mr Hathaway, so he could use it to avoid arrest.
But yesterday, Magistrate Bill Pearce saw otherwise.
He said the knife had been planted by police officers, after they realised their colleague had:
(Court transcripts excerpt)
BILL PEARCE: Smashed the defendant to an inch of his life, and that is not an exaggeration. In fact, they are lucky they didn't kill him. We can't know who it was, but a police officer definitely put that knife there.
(End Court transcripts excerpt)
NICK MCKENZIE: Magistrate Bill Pearce didn't stop there. In turn, he castigated six of the officers involved in the case.
Of one detective, the magistrate said it was "absolutely breathtaking" that he didn't recognise Mr Hathaway was badly injured, and had initially taken him to a police station rather than a hospital.
(Court transcripts excerpt)
BILL PEARCE: The fact that after all this, the police take him back to the police station beggars belief. And when the ambulance wants to take him away, they are told, 'no they can't do so'.
(End Court transcripts excerpt)
NICK MCKENZIE: Referring to the evidence given by a constable, the Magistrate said:
(Court transcripts excerpt)
BILL PEARCE: Constable Philcott claims that the defendant used his right hand to lean on the wall. Now I trust I will be excused for using the vernacular, but like hell he did. His right arm was broken in three places. That was a lie.
(End Court transcripts excerpt)
NICK MCKENZIE: But the Magistrate reserved some of his fiercest criticism for another officer, who'd been making gestures during the court case.
(Court transcripts excerpt)
BILL PEARCE: This is an officer who sat in the back of the court, rolled his eyes dramatically in an exaggerated fashion calculated to interfere with the ability of the witness to recount what had happened.
He also threw up both hands in mock horror. Officers like that are too stupid and too immature to understand what they're doing is contempt of Court. He may well have been too dumb to have fully appreciated what he was doing was contempt of Court yesterday.
(End Court transcripts excerpt)
NICK MCKENZIE: As to the way the police acted at the scene of the crime, the Magistrate Bill Pearce had this to say.
(Court transcripts excerpt)
BILL PEARCE: It is amazing that arrangements were made to clean the premises so very quickly. That makes me suspect, taken with all the other evidence,that there was an attempt to make things appear less bad for the police because the bedroom was a bloodbath.
(End Court transcripts excerpt)
NICK MCKENZIE: Mr Hathaway earlier pleaded guilty to driving offences and one count of resisting arrest, which related to when he initially fled police.
The Magistrate dismissed two charges of assaulting police as well as a third charge relating to the knife found in the bedroom.
The State Opposition's police spokesman, Peter Debnam, says the Magistrate's comments are disturbing, as is the revelation that a police internal inquiry last year cleared the officers involved of any wrongdoing.
PETER DEBNAM: Clearly you'd have to be concerned with the internal investigation and the Police Integrity, [Selective], Commission is the right place [?] to go to argue that out, both from the offender, or the original offender's point of view, but also from the police point of view so they can get their day in court.
TONY EASTLEY: New South Wales Opposition police spokesman, Peter Debnam, ending that report by Nick McKenzie. AM - Friday, 26 March , 2004 08:15:21
A spokeswoman for the Police Minister told AM she was unable to comment, and a police spokesman told AM the force's local area commander had full confidence in his officers, although he said he would welcome the findings of the Police Integrity, [Selective], Commission inquiry.
By Starsky and Hutch 26 March 04
THE DOG: This week also saw the attempt by a young man to sue the police for having fabricated evidence against him that would have left him in prison for years of his life, convicted of supply heroin that was planted on him by the police.
He served a number of years in prison and was only freed after the corrupt police that convicted him were caught out by other things that they did. In both these cases the police were investigated and 'cleared by an internal inquiry' before the truth came out.
Related:
Gang-rape, police, disparity and the law..
The young woman and her friend have told police they met the players in Coffs Harbour on the evening after the Bulldogs played a trial match there and went back to the team's hotel with them.
Who let the dogs out? (woof, woof, woof, woof)
The Prime Minister has thrown his support behind the National Rugby League (NRL), saying the Bulldogs affair should not reflect on the game as a whole.
NRL, Bulldogs, looking at it the wrong way!
The league kept quiet over the "abuse claim". "Abuse claim"! What about Pack Rape Claim? Gang Bang Parties? What about, abduction, molestation, violation, attack, assaults. Those words that others are branded with in the face of a vicious attack.
Police seek to DNA test Bulldogs players
Police in New South Wales are hoping to DNA test all Canterbury Bulldogs first grade rugby league players in relation to allegations of sexual assault. A 20-year-old woman says she was assaulted by six players at a resort hotel at Coffs Harbour on New South Wales's north coast.
Cops Leak: Bulldogs accused of rape at Coffs Harbour
Police are warning media outlets they may face criminal charges if they release confidential information about investigations. Allegations that as many as six Bulldogs rugby league players had sexually assaulted a woman at Coffs Harbour.
Related Police Corruption Links:
WA: Corrupt cops and blind toothless politicians
Geoffrey Kennedy QC's $28 million report yesterday labelled the service "mediocre", blaming lack of leadership for corruption as extensive as that found by the 1987 Fitzgerald inquiry in Queensland and NSW's 1997 Wood commission.
Redfern police 'need to be made accountable'
POLICE have no right to demand increased support to patrol Redfern in the wake of one of the worst death in custody cover-ups by police in Australian history.
Fatal accident prompts police pursuit probe
A fatal car accident in New South Wales has prompted a review of the procedures police use during high-speed pursuits. Police say a man and a young girl were killed when a speeding car crashed head-on into another car at McGrath's Hill in Sydney's north-west.
Capsicum spray killed Brisbane man
A 26-year-old man has died in Brisbane after a scuffle with police in the inner-city suburb of Highgate Hill. Police say they went to a unit complex just after midnight to speak to the man. Inspector Ian Robinson says police used capsicum spray and the man collapsed and died.
Riot in Redfern over death in custody
The reported claim that 50 police were injured during rioting in Redfern over a death in custody is nothing more than a counter claim required to balance the argument that Thomas Hickey wasn't chased to his death by police.
Fatal accident prompts police pursuit probe
A fatal car accident in New South Wales has prompted a review of the procedures police use during high-speed pursuits. Police say a man and a young girl were killed when a speeding car crashed head-on into another car at McGrath's Hill in Sydney's north-west.
Victorian author Raymond Hoser attacked
The case has been reported in some media, but severely misrepresented by the ABC who falsely implied that Hoser himself made a false claim about a magistrate Hugh Adams taking a bribe. The facts of the matter are as follows: On 21 December 1988 Policeman Ross Allen Bingley made the statement of fact that Adams had been bribed to wrongly convict Hoser of Theft and assault charges. This was tape-recorded and has been transcribed since. Hoser was innocent and exonerated on appeal.
NSW Police Force: Bent cop Cribb should be treated no different
34-year-old police inspector Shane Cribb, who shot a man shouldn't be treated differently than any other person charged with the same offence. The Daily Telegraph this morning is calling for special consideration for the cop.
One arrested in random raids: Police
A man has been arrested at a house in Punchbowl in one of 10 simultaneous raids on properties in Sydney's south-west this morning.
Random police raid terrorised residents
A police task Force randomly targeting gang warfare [and criminals green lighted by police themselves], is investigating nine murders and one disappearance, including a shooting death that sparked a dramatic random dawn raid in south-western Sydney yesterday.
Three men arrested over deadly drug feud
In a day of extraordinary developments in investigations into gangland violence [and police corruption], in southwest Sydney, armed plainclothes detectives from strike force Gain swooped on three men in the shopping area of the Star City Casino complex at about 2.30pm.
Drive-by shootings: test your political IQ?
Sydney was being controlled by around a thousand gun-toting young men and a new jail was needed to put them in, the NSW opposition said on Friday, in the wake if Sydney's drive-by shootings.
NSW drug wars: family feud not responsible for shootings
Do New South Wales citizens have to be diverted from the truth about a drug infested gangland killing? Why did the police lie? Why did the Premier lie? What is wrong with our government and police, are they on the take? Are they on drugs? Are these people being drug tested?
NSW Opp calls for greater police powers
The New South Wales Opposition has used the latest fatal shooting in Sydney's south-west to call for police to be given powers to conduct random car searches.
Hollingsworth: Whistleblower meeting at Mensa
The speaker will be Kim Hollingsworth, another idealist woman police whistleblower who reported corruption within the service and wouldn't back down, despite suffering financial and emotional distress, as a consequence of Police victimisation of her.
First degree murder? Or Noble Cause Corruption?
A "STUDENT" who was alleged to be involved in a murder and armed robberies is being sent to university, after turning police informant, the man has been given indemnity from prosecution relating to a string of serious offences. These include a hold-up in which shopkeeper Khiem Lu was stabbed to death.
Australian drivers licence dangerous weapon
In the hands of police the Australian motor vehicle driver's licence has become, and soon becoming a very dangerous and powerful weapon that can and will be used against you in a court of law.
Licensed to drive, be intimidated, be harassed, and interfered with?
NSW Police should not be given any more power to stop drivers going about their business. These new powers are just a substitute for the recent attack on privacy, whereby police wanted to search for guns by stopping drivers randomly.
The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002 Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.
Police WarLords set to take over Sydney again
Police warlords are set to take over Sydney's suburbs because police are not being supervised properly.
Jailed man's conviction to be reviewed
The New South Wales Court of Criminal Appeal will today review the conviction of a man, after claims in the Police Integrity Commission (PIC) last year that police planted weapons and faked suspects' confessions.
Rookies step up to ranks of Keystone-Cops?
Officers untrained in major criminal investigation are being posted to the state's elite body of detectives.
The inaugural Australian Police Summit
The inaugural Australian Police Summit (APS) will take place 18-19 June 2003 at the Australian Technology Park, Sydney. APS is Australia's only dedicated event focusing on all aspects of Law Enforcement and Policing.
NSW Police! Soothsayers or slayers? Strategy part 3 Permit denial
Part three: Refuse to grant a permit for another planned march because they manipulated the populist view. How? By exploiting your argument and eroding the public's confidence in peaceful demonstrations and by using the media to tell their lies, then using that as a weapon against peace.
Police violence fractures Peace movements?
The resolution also criticised New South Wales Assistant Police Commissioner Dick Adams for creating a threatening environment by mobilising excessive force for the protest.
No confidence in 'Force' when service is out the door
How are shopkeepers and service staff going to feel today knowing police are vulnerable to be attacked while serving customers at the counter of a police station?
Every dog has his day: Brammer resigns
The Police Integrity Commission found that Brammer, along with other senior police, had at times displayed a lack of support for the former police reform body, the Crime Management Support Unit.
MPs told of police corruption
Corruption and mismanagement are still entrenched in the NSW Police, and problems at the highest levels are "whitewashed", according to evidence given yesterday to a federal parliamentary committee.
Black Knight Moroney to give evidence?
Accusations about former high-ranking NSW policewoman Lola Scott's alleged failure to act against paedophiles have dominated a federal crime inquiry hearing in Sydney.
The NSW Police Force
The NSW Police Force has stopped production on its new movie Viking. Viking, showing in NSW Parliament House and in the suburbs of Sydney recently.
Crime victim group wants say in money allocation
A spokesperson from Justice Action Mr Brett Collins said, "Victims should be properly compensated regardless of the source and that is currently the law. The law says you don't need to find even the offender to get compensation. This is an attempt by the opposition to create a law and order issue-involving victims when there is in fact no issue!
Abolition of 800 year old double jeopardy law a crime
The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.
When real safety is jeopardised in NSW
Perception of crime is still a problem in NSW, with a new Productivity Commission report showing the state's citizens feel less safe than most of their counterparts.
Terry Falconer: KILLED IN CUSTODY
TERRY FALCONER CASE: Terry Falconer was picked up by a uniformed policeman and two detectives on work release from Silverwater jail. Handcuffed and found two weeks later chopped up in chicken wire at Wauchope and dumped below the tide mark. Two fishermen found Falconer.
The body in the seven bags still hides its secrets Who is going to report this failure by the NSW police to solve this most important crime? When there is evidence that the perpetrator was the police who are the same people who are investigating the crime or said to be investigating the crime. The diversion here is that bikies committed the crime even though the head of Rebells bikie gang worked for the NSW police for 22 years in an elite tactical response group.
Call to Bronwyn Bishop's Federal Crime Inquiry
I call on Bronwyn Bishop to allow me to produce first evidence about police corruption and to be able to attend Parliament House Sydney without fear of conviction.
Clive Small, NSW Inspector Gadget
After the Wood Royal Commission the real gang behind the gangs at Kings Cross moved from Kings Cross to Cabramatta. After the killing of John Newman, who was gunned down in front of his home by a person not found and a weapon not found, but by a person who was alleged to have conspired to kill Newman for political purposes, was framed and jailed.
'Police Integrity Commission' Why do you lie like that?
A Police Integrity Commission inquiry which took more than a year, heard more than 50 witnesses - many of them senior police - and cost millions of dollars, has recommended that no action be taken against anyone.
Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.
The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.
Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."
2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.
How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.
This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.
Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.
Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.
Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.
Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.
Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.
Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.
Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?
Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.
Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.
Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.
Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:
Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.
Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).
Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').
