Crime and Corruption Commission v Shearer - [2021] QCAT 215

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Crime and Corruption Commission v Shearer [2021] QCAT 215

PARTIES: CRIME AND CORRUPTION COMMISSION

(applicant)

v

NAOMI C’ANN SHEARER

(respondent)

APPLICATION NO/S:

OCR024-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 June 2021

HEARING DATE:

13 May 2021

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

DIRECTIONS:

1.       The applicant must file two copies in the Tribunal and give to the respondent one copy of submissions in relation to penalty, by 4pm 6 July 2021.

2.       The respondent must file two copies in the Tribunal and give to the applicant one copy of submissions in relation to penalty by 4pm 27 July 2021.

3.       The applicant must file two copies in the Tribunal and give to the respondent one copy of any submissions in reply by 4pm 10 August 2021.

4.       The parties must advise the Tribunal in writing if they require an oral hearing in relation to penalty, or whether the question is able to be determined on the papers, not before 10 August 2021.

5.       In the event that either party requires an oral hearing, the matter will proceed on a date and at a time to be advised to the parties.

CATCHWORDS:

POLICE – EXTERNAL OVERSIGHT – corrupt conduct – where Crime and Corruption Commission referred application for a finding of corrupt conduct – where respondent member of the Queensland Police Force – where pleaded guilty to refusal by public officer to perform duty – whether statements made in disciplinary interview dishonest

Crime and Corruption Act 2001 (Qld), s 15, s 50, s 219F, s 219I

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 10(1)(b).

Briginshaw v Briginshaw (1938) 60 CLR 336.

Chapman v Assistant Commissioner Wilson [2011] QCAT 529
Chapman v Crime and Misconduct Commission [2012] QCATA 16
Duncan v Independent Commission Against Corruption [2014] NSWSC 1018
Duncan v Independent Commission Against Corruption [2016] NSWCA 143
Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1

Officer JGB v Deputy Commissioner Gollschewski [2016] QCAT 348

APPEARANCES & REPRESENTATION:

Applicant:

J Gorry Counsel, instructed by P Price, Principal Lawyer, Crime and Corruption Commission

Respondent:

JR Hunter Queens Counsel, instructed by C Gnech, Gnech and Associates, Lawyers

REASONS FOR DECISION

This is an application[1] by the Crime and Corruption Commission (CCC) for a finding that:
(a)the disciplinary charges of corrupt conduct against Naomi C’Ann Shearer are proved; and
(b)the sanction imposed by the Tribunal is dismissal.
[1]Crime and Corruption Act 2001 (Qld), s 50, s 219F, s 219I.
On 5 December 2018 the respondent Detective Senior Constable Shearer pleaded guilty to an offence of Refusal by Public Officer to Perform Duty (Criminal Code Act 1899 (Qld), Schedule 1 s 200). The offence arose out of an event on 27 July 2016 when the respondent engaged in conduct as an aider, which caused a breath test not to be conducted in respect of a driver.
The events on 27 July 2016 occurred when two uniformed police officers, Senior Constable Blunt…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] QCAT 215
Decision Date: 15 June 2021

CaseChat Overview and Summary

The Crime and Corruption Commission brought an application to the Queensland Civil and Administrative Tribunal, seeking a finding of corrupt conduct against a member of the Queensland Police Force. The police officer had pleaded guilty to refusing to perform his duties as a public officer. The dispute centred on whether statements made by the officer during a disciplinary interview were dishonest. The Tribunal was required to determine if the officer's statements constituted corrupt conduct.

The legal issues in the case involved interpreting the meaning of "corrupt conduct" under the relevant legislation, assessing the credibility of the officer's statements during the disciplinary interview, and determining whether the officer's actions amounted to a breach of the duty of honesty expected of public officers. The Tribunal needed to consider the context in which the statements were made, the officer's conduct, and the applicable legal standards.

The Tribunal concluded that the officer's statements were dishonest and that this dishonesty constituted corrupt conduct. The officer's refusal to perform his duties, combined with the dishonest statements made during the disciplinary interview, led to the finding of corrupt conduct. The Tribunal issued several orders for the submission of written arguments and the scheduling of any potential oral hearing to determine the appropriate penalty for the officer's misconduct.

Orders

Orders of the court

1. The applicant must file two copies in the Tribunal and give to the respondent one copy of submissions in relation to penalty, by 4pm 6 July 2021.

2. The respondent must file two copies in the Tribunal and give to the applicant one copy of submissions in relation to penalty by 4pm 27 July 2021.

3. The applicant must file two copies in the Tribunal and give to the respondent one copy of any submissions in reply by 4pm 10 August 2021.

4. The parties must advise the Tribunal in writing if they require an oral hearing in relation to penalty, or whether the question is able to be determined on the papers, not before 10 August 2021.

5. In the event that either party requires an oral hearing, the matter will proceed on a date and at a time to be advised to the parties.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Crime and Corruption Commission v Shearer [2021] QCAT 215
PARTIES:	CRIME AND CORRUPTION COMMISSION
(applicant)
v
NAOMI C’ANN SHEARER
(respondent)
APPLICATION NO/S:	OCR024-20
MATTER TYPE:	Occupational regulation matters
DELIVERED ON:	15 June 2021
HEARING DATE:	13 May 2021
HEARD AT:	Brisbane
DECISION OF:	Member Fitzpatrick
DIRECTIONS:	1. The applicant must file two copies in the Tribunal and give to the respondent one copy of submissions in relation to penalty, by 4pm 6 July 2021. 2. The respondent must file two copies in the Tribunal and give to the applicant one copy of submissions in relation to penalty by 4pm 27 July 2021. 3. The applicant must file two copies in the Tribunal and give to the respondent one copy of any submissions in reply by 4pm 10 August 2021. 4. The parties must advise the Tribunal in writing if they require an oral hearing in relation to penalty, or whether the question is able to be determined on the papers, not before 10 August 2021. 5. In the event that either party requires an oral hearing, the matter will proceed on a date and at a time to be advised to the parties.
CATCHWORDS:	POLICE – EXTERNAL OVERSIGHT – corrupt conduct – where Crime and Corruption Commission referred application for a finding of corrupt conduct – where respondent member of the Queensland Police Force – where pleaded guilty to refusal by public officer to perform duty – whether statements made in disciplinary interview dishonest Crime and Corruption Act 2001 (Qld), s 15, s 50, s 219F, s 219I Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 10(1)(b). Briginshaw v Briginshaw (1938) 60 CLR 336. Chapman v Assistant Commissioner Wilson [2011] QCAT 529 Chapman v Crime and Misconduct Commission [2012] QCATA 16 Duncan v Independent Commission Against Corruption [2014] NSWSC 1018 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1 Officer JGB v Deputy Commissioner Gollschewski [2016] QCAT 348
APPEARANCES & REPRESENTATION:
Applicant:	J Gorry Counsel, instructed by P Price, Principal Lawyer, Crime and Corruption Commission
Respondent:	JR Hunter Queens Counsel, instructed by C Gnech, Gnech and Associates, Lawyers