A Queensland police policy to sack drink-driving officers has been thrown into doubt after a tribunal overturned an officer's dismissal.
Police commissioner Bob Atkinson's decision to sack officers who drink and drive has been judged “excessive" by a tribunal and the "potentially soul destroying" punishment should be abandoned, according to the police union.
Two years ago, then-Constable Joshua Compton was sacked after he was caught driving on a Sunshine Coast motorway with a blood-alcohol level of .235, almost five times the legal limit.
The offence occurred less than three weeks after the publication of a “Commissioner's circular" that stated the previous sanctions imposed for drink driving had proved ineffective.
Mr Compton lost his job, becoming the first officer dismissed under the Queensland Police Service's new drink driving policy. He appealed the decision.
The Queensland Civil and Administrative Tribunal ruled Mr Compton should be rejoin the police service on two years' probation, perform 150 hours of community service and have counselling and treatment.
The QPS appealed, but the tribunal has upheld its original ruling.
Police union secretary Mick Barnes has seized on the tribunal's decision. "[It] shows that the Police Commissioner's desire to immediately sack police who drink drive is both an excessive penalty and does not accord with the Police Union's view that a welfare model of assisting police who may have problems should be paramount, rather than punitive and potentially soul destroying measures such as giving someone the sack," he said.
The officer had already paid dearly and displayed remorse, according to Mr Barnes who praised the tribunal's ruling as a “victory for common sense" and condemned the original penalty imposed by the Queensland Police Service.
The service was asked if the decision undermined the hierarchy's power to sack officers convicted of drink driving and if penalty guidelines would be re-examined in light of the tribunal's decision. The police service issued a statement, saying it would “consider the [tribunal's] decisions from yesterday. We are not in a position to comment further until such time as this has occurred".
A second QCAT decision involved two off-duty officers who performed “nude runs" whilst attending a bucks party for a colleague. Sergeant Ross Murray and Senior Constable Benjamin Staples were among a group of officers who took part in a series of “streaking incidents" in Brisbane around a police van two years ago.
“There were five incidents at various intersections when the bus had to stop for traffic, or at traffic lights, during which occupants … were seen to exit the bus and run around it in a counter clockwise direction totally nude," according to the tribunal.
“Some of the occupants of the bus wore police caps and it was apparent to observers that the bus was a police vehicle. The attitude of those reporting the incident ranged from concern to bemusement." Sergeant Murray was demoted to senior constable and lost between $21,500 and $28,825 in pay, which the tribunal deemed was a “very severe penalty".
Senior Constable Staples immediately lost $3258 in pay and faced “continuing losses into the distant future", which was equivalent to a fine ranging from $10,000 to $14,000 and was considered "too severe" by the tribunal. The tribunal overturned the decisions, ruling Sergeant Murray's and Senior Constable Staples' pays should be docked about $7000 and $3000 respectively.
Source: Brisbane Times 21.9.2011
