[Greens-Media] Police Integrity Commission's "private" prosecutions dismissed as an abuse of process

[David Shoebridge MLC]

The NSW Police Integrity Commission has been handed a harsh reprimand by a
Queensland Court for substantially overreaching its statutory powers. Five
criminal prosecutions that the PIC commenced in Queensland in the name of a
purportedly "private complainant" have been thrown out of court after being
declared to be an abuse of process.

Four years ago the PIC undertook a joint operation with the Queensland
Crime and Misconduct Commission that identified recreational drug use by
current and former NSW police who were on a holiday to the Gold Coast. The
PIC then provided briefs of evidence to the Queensland DPP and the Crime
and Misconduct Commission seeking they prosecute the offences in their
state. Both agencies refused to prosecute the offences because they
believed there was insufficient evidence to obtain a conviction.

Not satisfied with that answer the PIC then decided to commence supposedly
"private" criminal prosecutions against those involved in the Queensland
courts. This is despite the fact that the PIC has no statutory power to
prosecute, no jurisdiction in Queensland and that the supposedly "private"
prosecutions were in fact funded and supported by the PIC.
Once these facts were exposed in Court the PIC's “private” prosecutions
were dismissed as an abuse of process, with costs.

See further reporting in the SMH here:
http://www.smh.com.au/nsw/police-integrity-commission-blasted-by-court-for-straying-outside-powers-20141208-122h8d.htm

Greens MP and Justice Spokesperson David Shoebridge said:

“This agency is acting well outside its statutory limits, ignoring the fact
that Parliament has not given it prosecutorial powers and the even more
obvious fact that it is limited to operating in NSW.
“The PIC risks its reputation when it indulges in what looks like
subterfuge to run pretend private prosecutions in a State where it has no
jurisdiction to operate.

“This is meant to be an integrity commission dedicated to investigating
serious police corruption matters, but instead has found itself operating
beyond the limits imposed on it by law.
"The PIC does important work holding police to account, but unless it acts
with utmost probity, fairness and integrity it will lose its credibility
with not only police but also the broader public.

“If NSW police are suspected of acting illegally in another state then it
is entirely proper for PIC to investigate that and, if evidence is found,
make recommendations for disciplinary and even criminal action.

“However this has gone well beyond that with the PIC effectively taking the
law into its own hands.

“On at least two occasions the Inspector of the PIC was informed of this
scheme but appears to have taken no steps to address it, that is a serious
cause for concern.

“The fact that the PIC Inspector has been advised of this case and nothing
has been done shows a very troubling lack of oversight.

“The Premier must urgently convene a public hearing of the Parliamentary
committee that is meant to oversee the PIC to get to the bottom of this
sorry mess,” Mr Shoebridge said.
A copy of the judgement and extracts from relevant documents can be found
here:
http://davidshoebridge.org.au/2014/12/09/pic-so-called-private-prosecution-dismissed-as-an-abuse-of-process/

Media Contact: 0408 113 952

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*David ShoebridgeGreens MP in the NSW Legislative CouncilP: (02) 9230
3030 |Media: 0408 113 952|T: @ShoebridgeMLC
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