[Greens-Media] Procedural fairness and public confidence in policing

[David Shoebridge]

Media Release: Procedural fairness and public confidence in policing
29 May 2013

The Greens maintain their call, in the face of an error-ridden media release from the Police Association, for the suspension from general duties of officers who have been adversely named in Coronial and Ombudsman reports, and now recommended for criminal charges by the Police Integrity Commission, in regards the death of Roberto Curti.

Suspending officers from general duties in these situations is not pre-judging their guilt or innocence, but is a reasonable protective measure to ensure that public confidence in police is maintained.

Greens NSW MP and Police spokesperson David Shoebridge said:

"The Police Association of NSW wrongly asserts that I asked the Police Minister "why there had been no charges against police officers relating to the death of Roberto Curti."  This is quite simply wrong.

"The question asked is reproduced in full below, but the key issue was why no police officer had been suspended following the critical findings of the Coroner and the Ombudsman and PIC's recommendation of criminal charges.

"Of course all citizens, whether police or not, have the presumption of innocence in criminal proceedings.

"The question here is whether or not a police officer who has had serious adverse findings made against him or her by all three police oversight bodies should remain on active duty until after a full criminal trial.

"If allegations of this seriousness had been made against a doctor, a nurse or a teacher then it is almost certain that conditions would be placed on their employment to protect the public pending the outcome of any criminal proceedings; it should be no different for police.

"These police were given full procedural fairness in the Coroner's Court which made a series of damning findings about their conduct on the night and perjury in the Court.

"In these cases their suspension from front line policing pending criminal proceedings is not a denial of due process but a reasonable response to the potential risks of the situation.

"The Greens continue to call for a genuinely independent and properly resourced police oversight body that has the power to make binding recommendations," Mr Shoebridge said.

More information: 9230 3030 | 0433 753 376
Question to the Minister for Police

DEATH OF ROBERTO CURTI AND NSW POLICE FORCE

Mr DAVID SHOEBRIDGE: My question is directed to the Minister for Police and Emergency Services. What is the Minister doing to ensure that the public can have confidence in the police given that despite damning findings by both the Ombudsman and the Coroner, and now recommendations of the Police Integrity Commission of charges against officers involved in the tragic death of Roberto Curti, not a single officer involved has been suspended-indeed, at least one has been promoted-since that tragic event?

The Hon. MICHAEL GALLACHER: We all know that the Police Integrity Commission has recommended that the Director of Public Prosecutions consider certain matters. The Police Integrity Commission does not fall under my responsibility as Minister for Police and Emergency Services. In fairness, the Director of Public Prosecutions should be given an opportunity to consider the evidence that has been put to it by the Police Integrity Commission. It is also appropriate for me to put on to the record that despite The Greens not being great supporters of the police, none of the police officers have been charged. They are not facing criminal charges at this stage. Therefore, it would be premature to suggest-as The Greens have in this question-that officers should be suspended before they are charged with a criminal offence that may well proceed to court. These matters are currently being considered. The information was distributed early this week by the Police Integrity Commission to the Director of Public Prosecutions and it is being considered.

The Hon. Trevor Khan: It is a double standard.

The Hon. MICHAEL GALLACHER: As the member rightly draws to my attention, it is a double standard by The Greens. It is important that all people recognise that in relation to this matter a due process needs to be followed. The so-called great advocates of due process, The Greens, herald it at every opportunity they have in this place and outside but they have a double standard in relation to the NSW Police Force. We all understand the sensitivities of this matter and the need for transparencies. That is why the Government has supported full examination of these matters through a coronial process and with the Ombudsman. The NSW Police Force has responded to the comprehensive report by the Ombudsman in relation to this matter and has put in place, if not already adopted, all of the recommendations. A number of processes have been adopted by the NSW Police Force but, of course, that does not satisfy The Greens and their position in this matter.

Let the record show that The Greens want police officers suspended before they are even charged in relation to this matter. The Director of Public Prosecutions will decide whether to refer charges against these officers, but The Greens want to pre-empt that process by having police officers suspended from their duties. That is a remarkable position taken by The Greens on this matter given their so-called advocacy in relation to due process in the past.

Mr DAVID SHOEBRIDGE: I ask a supplementary question. Will the Minister elucidate his answer by informing the House whether he had any discussion with the Commissioner of Police about the prospect of suspending officers, given the findings, and given the fact that the allegations extend to serious crimes, such as assault, affray and perjury?

The Hon. Dr Peter Phelps: Point of order: That is a new question. It asks for information that was not sought in the original question. In other words, Mr David Shoebridge is asking for details of any conversations the Minister may or may not have had with the Commissioner of Police.

The PRESIDENT: Order! A supplementary question must seek to elucidate an aspect of the Minister's answer. Mr David Shoebridge asked a substantially a new question.

http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20130528031?open&refNavID=HA8_1


Mark Riboldi
Communications & Policy
Greens NSW MP David Shoebridge
P: (02) 9230 3030 |Media: 0433 753 376 |T: @ShoebridgeMLC<http://twitter.com/#!/shoebridgemlc>
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