OFF THE WIRE
Four Queensland police officers involved in a fatal police pursuit of a bikie on the Gold Coast have been cleared of a "conspiracy" to withhold information during an internal investigation.
But one of the officers will appeal a decision to dock him as much as $13,000 from his pay over the next four years for failing to comply with the service's pursuit policy.
In a Queensland Civil and Administrative Tribunal judgment published this week, the tribunal upheld Assistant Police Commissioner Paul Wilson's decision not to level charges of untruthfulness against three officers arising out of the June 2006 incident.
Craig Shepherd, an Odin's Warriors bikie, died when his Triumph Rocket motorcycle crashed on Beechmont Rd, Nerang, after a high-speed pursuit on June 16, 2006.
The pursuit started when Senior Constable Stephen Wayne Chapman attempted to intercept Mr Shepherd's motorcycle in a patrol car near Tugun.
Senior Constable Chapman pursued the motorcyclist, who had a female passenger riding on the back of the bike, for 15 minutes before Mr Shepherd crashed in Nerang.
The three officers, Senior Constable Hilton Buckley, Sergeant Christopher Peter McLoughlin and Constable Shayne Webley, as well as Senior Constable Chapman, were accused of not revealing the full details of unauthorised mobile phone calls made during the pursuit following an investigation by the state coroner.
The coroner said in a 2008 report that there was "significant evidence" to indicate all four officers "wilfully withheld" information relevant to the investigation of the death, which amounted to misconduct.
Craig Shepherd, an Odin's Warriors bikie, died when his Triumph Rocket motorcycle crashed on Beechmont Rd, Nerang, after a high-speed pursuit on June 16, 2006.
But QCAT found in a series of rulings the four officers had not been deliberately untruthful.
In their ruling the QCAT panel of James Thomas QC and Richard Oliver said the officers had been given a lack of direction during questioning and had not consciously concealed information.
"It is not open to conclude that there was any conspiracy between the four police officers to cover up the mobile phone calls," the ruling said.
At an internal disciplinary hearing in February Senior Constable Chapman was fined $200 for failing to follow police protocol during the pursuit by not properly notifying communications that a pursuit was underway and not performing safety checks of the vehicle when it ended.
In response to the Crime and Misconduct Commission's appealed of the penalty, the QCAT panel found the $200 manifestly inadequate and docked the Senior Constable two pay points over the next two years.
Although pleased QCAT had dismissed any suggestion police were untruthful during the investigation of the pursuit, the Queensland Police Union believes the penalty levelled against Senior Constable Chapman is "manifestly excessive."
Police Union president Ian Leavers said the union fully supported Senior Constable Chapman and would appeal the penalty.
According to the union, the loss of two pay points will mean Senior Constable Chapman will lose $13,000 in income over the next four years as he attempts to regain the points.
"In recent years pursuits have become some of the most heavily scrutinised areas of policing," he said.
"Irrespective of the role police play in a pursuit, because of the heavy handiness and scrutiny of the actions of police engaged in a pursuit as well as the length of time it takes to investigate a pursuit, sometimes up to five years, where an officer's career is often placed in hold, the police union advises all police to not even attempt to engage in a pursuit as it is just not worth it."
Read more: http://www.brisbanetimes.com.au/queensland/officers-cleared-over-bikie-death-20111122-1nt04.html#ixzz1eXSN1yH4
