Belz v Assistant Commissioner Wilson

CITATION: Belz v Assistant Commissioner Wilson [2011] QCAT 632

PARTIES:	Mr Damien Belz
v
Assistant Commissioner Paul Wilson

APPLICATION NUMBER:   OCR288-10  

MATTER TYPE: Occupational regulation matters

HEARING DATE:     8 September 2011

HEARD AT:  Brisbane

DECISION OF: Mr Peter Richards, Member

DELIVERED ON: 28 October 2011

DELIVERED AT:      Brisbane

ORDERS MADE: [1]     The Application to Review the decision of the Respondent with respect to the imposition of the sanction imposed upon the Applicant by the Respondent is dismissed.

CATCHWORDS:

Police Discipline – use of excessive force – review of sanction – relevance of the protection of the reputation of the police service – no requirement to impose a form of rehabilitation where officer has history of similar conduct

Crime and Misconduct Act 2001, ss 219G, 219H
Police Service Administration Act 1990, ss 4.1(1), 4.8(2)(e), 4.9
Police Service (Discipline) Regulations 1990, s 3

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr Damien Belz represented by Troy Schmidt of counsel instructed by Queensland Police Union solicitor
RESPONDENT:	Assistant Commissioner Paul Wilson represented by Scott McLeod of counsel instructed by the Police Service Solicitor

REASONS FOR DECISION

1. This is an application to review the decision of the Respondent, Assistant Commissioner Paul Wilson.

1. On 29 October, 2010 the Respondent determined that the following charge of misconduct had been substantiated:

“Matter 1

That on the 29^th day of November 2009 at Surfers Paradise your conduct did not meet the standard of conduct the community reasonably expects of a police officer in that you:

(a)used excessive force against (name deleted), whilst she was in custody; and

(b)used excessive force against (name deleted), whilst she was in custody.

[Section 1.4 and 7.4 of the Police Service Administration Act 1990 and s 9(1)(f) of the Police Service (Discipline) Regulations 1990]

Further and better particulars

Investigations have identified that:

·on 29 November 2009 you held the position of Sergeant at the Surfers Paradise Police Station, within the South Eastern Region;

·you performed duty as a shift supervisor from 11:00 pm in the prisoner processing area at Surfers Paradise Station;

·at about 11:40 pm on 29 November 2009 a female prisoner was in custody and placed in a holding cell; and

·while in the holding cell the prisoner attempted to self harm by hitting her head against fixed objects within the holding cell.

In relation to matter 1(a):

·at about 11:50 pm on 29 November 2009 you entered the holding cell, took hold of the prisoner’s hair and moved her from the cell floor to the cell bench seat.

In relation to matter 1(b):

·at about 11:52 pm on 29 November 2009 you re-entered the holding cell, took hold of the prisoner’s hair and moved her from the cell bench seat to an area outside that holding cell.”

1. The sanction imposed was as follows:

   “That you be demoted in rank from Sergeant 3.3 to Senior Constable 2.9 for a period of 12 months (from 29 October, 2010).   At the end of the 12…