Crime and Corruption Commission v Carless

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Crime and Corruption Commission  v Carless & Anor  [2021] QCAT 216

PARTIES:

CRIME AND CORRUPTION COMMISSION

(applicant)

v

ASSISTANT COMMISSIONER MAURICE CARLESS

(first respondent)

SENIOR CONSTABLE BARRY WELLINGTON

(second respondent)

APPLICATION NO/S:

OCR235-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

8 June 2021

HEARING DATE:

23 March 2021

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

1.   The decision of the first respondent Assistant Commissioner Maurice Carless made 9 July 2020 is set aside.

2.   In lieu the Tribunal orders that Senior Constable Barry Wellington be demoted from Senior Constable level 2.10 to Constable level 1.6 for twelve months.

3.   The Tribunal further orders that Senior Constable Barry Wellington not be permitted to relieve in a higher position for a period of six months.

CATCHWORDS:

POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where a police officer was engaged in a pursuit of a vehicle – where the officer directed another junior officer to attempt an illegal stopping procedure – where the police officer also ignored directions from superiors to discontinue pursuit – where the offenders’ vehicle was stopped but then continued to drive away – where the officer fired twice at the departing vehicle – where the officer was suspended for five years whilst criminal charges were brought against him – where the charges were dismissed – where disciplinary charges were brought – where a penalty of reprimand was imposed – where the Crime and Corruption Commission sought review of the decision

Crime and Corruption Act 2001 (Qld) s 219I(3), s 219L(2)

Police Service Administration Act 1990 (Qld) s 2.3AA,
s 7.12

Aldrich v Ross [2000] QCA 501

Buttsworth v Walton [1991] NSWCA 40
Crime and Corruption Commission v A/C Keating & Anor [2015] QCAT 176
Dekker v Medical Board of Australia [2014] WASCA 216 Legal Services Commissioner v Fellows [2017] QCAT 337
O’Brien v Assistant Commissioner Taylor & Anor [2021] QCATA 12

McKenzie v Acting Assistant Commissioner Wright [2011] QCATA 309

APPEARANCES & REPRESENTATION:

Applicant:

M Docwra, Solicitor, Crime and Corruption Commission

First Respondent:

M O’Brien, Solicitor, QPS Legal Unit

Second Respondent

C Gnech, Gnech & Associates

REASONS FOR DECISION

1. On 17 May 2015 the second respondent (‘Wellington’) was on duty with Constable Eckersley performing general duties in a Hyundai iLoad van at the Gold Coast. Wellington as a Senior Constable was senior officer. Constable Eckersley at that time was a junior constable.

2. They became involved in a pursuit of a Toyota Landcruiser which had been linked to a number of serious offences committed including armed robbery. Polair, the police helicopter, was asked to conduct patrols in the Biggera Waters area and Polair located the vehicle.

3. A tyre deflation device was successfully deployed to stop the vehicle, but whilst the Landcruiser’s tyres were punctured, it managed to continue at reduced speed, perhaps 40 to 60 kph.[1]

   [1]Ex 1 page 1098 Line 92.

4. Senior Sergeant McGrath was senior duty officer at the time and he authorised a road…