Chapman v Assistant Commissioner Wilson and Anor

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CITATION: Chapman v Assistant Commissioner Wilson and Anor [2011] QCAT 529
PARTIES: Stephen Wayne Chapman
(Applicant)
v
Assistant Commissioner Paul Wilson
Crime and Misconduct Commission (Respondents)
APPLICATION NUMBER:   OCR029-11
MATTER TYPE: Occupational regulation matters
HEARING DATE: 5 September 2011
HEARD AT: Brisbane
DECISION OF: Hon James Thomas AM QC, Presiding Member
Richard Oliver, Senior Member.
DELIVERED ON: 20 October 2011
DELIVERED AT: Brisbane

ORDERS MADE:     

[1]     The first respondent’s determination that matter one (untruthfulness) was substantiated against the applicant Stephen Wayne Chapman, and that it amounted to misconduct, is set aside;

[2]     It is determined that matter one is not substantiated;

[3]     The fine of $200 on matter one is set aside;

[4]     The first respondent’s determination that matter two (improper conduct in failing to comply with QPS policy regarding pursuits) was substantiated against the applicant Stephen Wayne Chapman, and that it amounted to misconduct, is confirmed.

CATCHWORDS: 

Police Discipline – distinction between “pursuit” and “urgent driving” discussed – admissibility of evidence in coronial inquiry where applicant claimed privilege considered – review of the respondents findings that the applicant was untruthful – meaning of “untruthfulness” in the context of formal interviews – where failure to disclose mobile phone calls in a formal interview – where failure to volunteer information about mobile phone calls must be considered in the context of the questioning in the interview and the circumstances generally – where no motive for untruthfulness established

Coroners Act 2003, ss 39(3), 51(2)

CMC v Barnett & Eaton [2011] QCAT 161

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

Stephen Wayne Chapman represented by Mr P Smith of counsel instructed by Queensland Police Union of Employees

RESPONDENT:

Assistant Commissioner Paul Wilson represented by Mr S McLeod of counsel instructed by Ms Heffner, the Police Service Solicitor

Crime and Misconduct Commission represented by Mr T D Gardiner of counsel instructed by Ms Wood

REASONS FOR DECISION

Proceedings

  1. This review is one of five that have been brought challenging findings by Assistant Commissioner Wilson in disciplinary proceedings against four police officers arising out of an incident in 2006.

  1. On 16 June 2006, in the course of a police pursuit in the Gold Coast area, a motorcyclist died and his pillion passenger was seriously injured.  Disciplinary proceedings were commenced against the four policemen who were involved in the incident.  They were discontinued while a coronial inquiry was conducted.

  1. Disciplinary proceedings were then recommenced, and on 2 February 2011 Deputy Commissioner Wilson delivered his findings in respect of the conduct of all four policemen.

  1. The present applicant, Senior Constable Chapman, was found guilty of two charges of misconduct and fined $200 on each. 

  2. The charges against the other three police officers, Senior Constable Buckley, Constable Webley and Sergeant McLoughlin were all found to be unsubstantiated.

  1. In this proceeding in QCAT, Chapman seeks review of the finding that the first charge against him (untruthfulness) was substantiated.  Obviously no review is sought of the second charge to which he pleaded guilty.

  1. The Crime and Misconduct Commission, in its watchdog…

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Details
Case
[2011] QCAT 529
Decision Date

CaseChat Overview and Summary

In Chapman v Assistant Commissioner Wilson and Anor, Stephen Wayne Chapman, a police officer, challenged decisions made by the respondents regarding his disciplinary actions. Chapman argued against findings that he had been untruthful during a formal interview and had engaged in improper conduct by failing to comply with policy during a pursuit. The court was tasked with reviewing the respondents' findings and determining whether Chapman's conduct constituted misconduct.

The primary legal issues revolved around the meaning of "untruthfulness" in the context of formal police interviews and the admissibility of evidence obtained during a coronial inquiry. Chapman argued that his failure to disclose mobile phone calls during the interview should not be deemed untruthful, especially in the absence of a motive to deceive. Additionally, the court had to consider whether Chapman's failure to volunteer information about the mobile phone calls constituted misconduct under QPS policy.

The court held that the first respondent's determination regarding untruthfulness was flawed. It found that Chapman's failure to disclose the mobile phone calls could not be considered untruthful without establishing a motive for deception. Consequently, the court set aside the determination that matter one was substantiated and that it amounted to misconduct. However, the court upheld the determination regarding improper conduct in failing to comply with QPS policy during a pursuit.

The court's final orders included setting aside the determination that matter one was substantiated and that it amounted to misconduct, and the fine associated with this determination. Conversely, the determination that matter two was substantiated and amounted to misconduct was confirmed. The court's ruling underscores the importance of motive in establishing untruthfulness and the need for a clear policy compliance in police pursuits.

Orders

Orders of the court

[1] The first respondent’s determination that matter one (untruthfulness) was substantiated against the applicant Stephen Wayne Chapman, and that it amounted to misconduct, is set aside;

[2] It is determined that matter one is not substantiated;

[3] The fine of $200 on matter one is set aside;

[4] The first respondent’s determination that matter two (improper conduct in failing to comply with QPS policy regarding pursuits) was substantiated against the applicant Stephen Wayne Chapman, and that it amounted to misconduct, is confirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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