David asked questions about:
• The time and cost involved in handling police complaints
• The prosecution of of a police officer who secretly filmed his sexual acts with women
• The disciplinary action taken against the four officers involved in the death of Adam Salter
• The policies for suspending officers following critical incidents and complaints
• The adoption of the Ombudsman’s recommendations into Taser operation procedures
• The appropriateness of police officers using Tasers in drive-stun mode
There was significant discussion regarding alleged under-resourcing of the Child Abuse Squad and the failure of the NSW Police force to apply to list any organisations as banned under the Crimes (Criminal Organisations Control) Act 2012. Commissioner Scipione did say that they were compiling the evidence required to make a successful application to the Supreme Court. The Greens continue to be troubled by the potential scope of these laws that are not legislatively restricted to outlaw motor cycle gangs.
There were also questions about the delay to proclaim the right to silence/pre-trial disclosure laws. Minister Gallacher advised that it has taken some time to properly train police officers on the changes to the legislation. These laws are another attack on civil liberties in NSW.
Commissioner Scipione advised that a police officer who was convicted of filming a private act for sexual gratification remains a member of the police. It remains unclear what, if any, progress had been made in the process of dismissing this police officer.
Commissioner Scipione also said that the Police Integrity Commission and the Ombudsman were electronically informed of the complaint through c@ts.i. He was not aware of the kind of investigation the PIC or Ombudsman are engaged in regarding other officers who viewed and shared the tapes.
Regarding the death of Adam Salter, Commissioner Scipione advised that the four officers involved have been placed in highly-monitored, non-operational roles which do not have interaction with the public or have any of the duties of active, operational officers. Those officers are still serving in the Police Force pending the outcome of legal actions.
With not a single police officer have been dismissed despite deeply critical findings from the coroner and the Police Integrity Commission something is seriously amiss in police oversight. I cannot think of any other occupation where employees would remain in employment after being found by such important bodies to have committed perjury and recommended for prosecution for other criminal acts in the course of their employment.
It is clear that the police complaints and oversight structure in NSW is broken. A recent decision that the police are not able to compel officers to answer questions in their own internal reviews raises even more questions about the utility of police investigating police.
In regards to Tasers, the Commissioner said that most of the recommendations of the Ombudsman made in 2012 have been adopted or are in the process of being adopted. One of the recommendations was to prohibit the use of the Taser in drive-stun mode, which was rejected by Commissioner Scipione. So too was the recommendation to not give rookie probationary police Tasers. These were two of the most important of the Ombudsman’s recommendations and it is a significant failing of the Commissioner to not implement them.
Questions taken on notice:
• The Police and Emergency Services Minister took on notice a question about how many people currently being targeted on gun crime are out on parole.
• Mr Scipione said that he can get information about how long it took to suspend Marc Osborn without pay from the initial complaint, but did not undertake to take the question on notice.
• How far the NSW Police Force has come in implementing 46 recommendations of the NSW Ombudsman regarding the use of Tasers.
After the hearing a number of supplementary questions on notice were also submitted. Answers to questions taken on notice during the hearing and supplementary questions are due on 9 September 2013. These will appear here.