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| NEWS > 24 April 2009 |
Other related articles:
Cop who Tasered woman faces mu
WARREN — Among the laundry list of charges Patrolman Richard Kovach faces for repeatedly using a Taser on an intoxicated woman is inhumane treatment.
Kovach, 40, was placed on administrative leave about three weeks after a police dashcam videotape of the Sept. 2 arrest of 38-year-old Heidi Gill of Howland outside Up The Creek, a Warren bar on East Market Street, was reviewed.
In a letter to Kovach dated Oct. 31 and obtained by The Vindicator on Saturday, Chief John M. Mandopoulos lists the results of an Internal Affairs Unit investigation and the charges Kovach now face... Read more
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 Article sourced from
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Sydney Morning Herald - Sydney
24 April 2009
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To view it in its entirity click this link.
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Ethics in Policing
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Police victim to be awarded $3
ALLAN FREDERICK HATHAWAY is a small-time criminal who has lied in court about his former heroin habit.
But a Supreme Court judge yesterday accepted his word over that of several police officers and recommended he be awarded more than $306,000 compensation because he was assaulted and maliciously prosecuted by police.
Justice Carolyn Simpson found the case was so serious it called for $200,000 in exemplary damages as a deterrence, to make police aware "the misuse and abuse of police power … will not be tolerated".
The case relates to an incident inside the bedroom of a home in Wagga Wagga in February 2003. The judge found police had assaulted Mr Hathaway with a baton, planted a knife in the room and failed to secure the scene - instead ordering it be cleaned - probably to frustrate any investigation into what happened.
Yesterday's decision echoes findings by the Police Integrity Commission, which was later criticised by the Inspector of the PIC for denying at least one of the officers procedural fairness.
The incident started when Mr Hathaway, then 39, was seen by police in an unregistered car without a valid licence. He ran off and was pursued through the streets of Wagga Wagga.
He was eventually found by Constable Christopher Jackson, hiding under a bed in a house. The officer claimed Mr Hathaway then overturned the bed, and resisted arrest.
But Mr Hathaway told the court the officer had threatened him: "Get out from under the bed or I'll lodge two bullets in your head." He said the constable then sprayed him with capsicum spray and hit him with a baton on the arms, cheek and legs. He was admitted to hospital with a fractured cheekbone, jawbone, arm and finger.
Justice Simpson found Constable Jackson used "excessive and unnecessary force" when striking Mr Hathaway in the head.
After Mr Hathaway had been taken from the house a cleaner found a knife in the bedroom. Even though none of the officers had seen him with a knife and his DNA or fingerprints were not found on it, he was charged with possessing a knife and stealing it from the house.
Justice Simpson found Senior Constable Timothy Briggs had maliciously charged him to support Constable Jackson's version of events and protect police involved. Senior Constable Briggs must have known the knife was put into the bedroom by one or more police, she found.
The PIC report into the case had named 10 police officers as "affected persons" and recommended charges against two of them. Charges were laid against Constable Jackson, but they were later dismissed. He was reinstated but is on sick leave.
The Inspector of the PIC found Senior Constable Briggs had been denied procedural fairness and the police had damaged his "integrity, reputation and promotion prospects". He remains employed by the police.
The Police Commissioner, Andrew Scipione, said yesterday he had not yet read yesterday's judgment and would take advice before deciding what to do. The Police Association also said it could not yet comment.
Mr Hathaway's solicitor, Tim Abbott, yesterday said he had been unable to contact his client to tell him about the decision.
"I'm sure he will be feeling extremely vindicated [when he finds out]," Mr Abbott said.
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