Police accountability

[Pies4shaw]

You don’t get the answer to that for less than $13,000 a day. You might, though, enjoy reading what happened when IBAC’s predecessor thought it had all sorts of powers, too: http://www.austlii.edu.au/cgi-bin/viewd ... 10/14.html

[stui magpie]

Cheers, I'll read that later, but just as an aside, if I'm paying $13k per day it won't be on an old male lawyer.

[K]

Only if they're competent and their powers are adequate.

A claim their powers are inadequate...

New anti-corruption boss warns IBAC too shackled to investigate police properly

https://www.theage.com.au/national/vict ... 4zgb1.html

"Mr Redlich told the committee that IBAC’s inability to search people meant, for example, that if a warrant was issued and an investigator asked a police officer for his phone, the officer could falsely claim he didn’t have one - even if the phone was ringing in his pocket.

Text messages and call records could be wiped, yet IBAC could not prosecute the officer for destroying or concealing evidence.

Nor could IBAC arrest a suspect even if the commission concluded they had committed a criminal offence. It would have to rely on police to do so, briefing them on the details of their investigation. Then, if police did decide to make the arrest, it was up to them to make a record of interview, but this might not always happen."


But the "opposite" concern too...

Watchdog slams how anti-corruption commission treats witnesses

https://www.theage.com.au/national/vict ... 514rj.html

[K]

[David]

Shouldn’t need to be said, but obviously does. Couldn’t agree more.

[K]

'Reasonable': Cop's assault charge for punching neighbour dismissed

https://www.theage.com.au/national/vict ... 51vj9.html

"The trial did not go before a jury, instead presided over by Magistrate Frank Jones.

"In my opinion, Sergeant Berry's response when (the victim) raised her arms was a reasonable response in the circumstances," Mr Jones said.

Over the duration of a lengthy court case, Berry had admitted he punched Ms Mitchell and broke her nose, but did so out of fear for his own safety."


[It doesn't sound like a very skilful response, even if the magistrate concluded it was a "reasonable response".]

[stui magpie]

Not acting as a cop, at home, off duty, someone in his yard who runs away when challenged. raises her arms at him quickly, he reacts with a single punch to the face. Not ideal reaction but I dare say there's a lot more to the evidence from both parties and if arguing self defence a single punch isn't unreasonable.

Also, I'd call having to face a magistrate being held accountable.

[roar]

When will magistrates be held accountable for their ridiculously lenient sentencing of violent criminals?

[think positive]

'Reasonable': Cop's assault charge for punching neighbour dismissed

https://www.theage.com.au/national/vict ... 51vj9.html

"The trial did not go before a jury, instead presided over by Magistrate Frank Jones.

"In my opinion, Sergeant Berry's response when (the victim) raised her arms was a reasonable response in the circumstances," Mr Jones said.

Over the duration of a lengthy court case, Berry had admitted he punched Ms Mitchell and broke her nose, but did so out of fear for his own safety."


[It doesn't sound like a very skilful response, even if the magistrate concluded it was a "reasonable response".]

skilful doesnt come into it, neither should the cop part, He was off duty, and unarmed. However, it seems an over reaction to someone lifting their arms, someone he knew, to break their nose, but then we dont know enough really to comment.

Why did he chase someone who was just standing outside his house? thats odd, what was She doing? Exactly what was the issue the judge had with her evidence apart from the hit from behind part?

TBH since it was apparently a lengthy court case, its a very short news story, with not much info at all. I dont get it at all, to me thats assault, need more info.

[Wokko]

So it's never OK to hit a woman, unless you're a cop then carry on. Self defence is meant to go out the window if you pursue, but again, cop, carry on.

[think positive]

its never ok to hit anyone.

The OFF DUTY cop claims self defence, i cant see it with the info provided. All it says is She was standing out the front, was She doing anything to cause him to chase her? which leads to persue; why did he chase her? the article doesnt say. She raised her arms, did She have anything in her hand? the article doesnt say. I really dont think anyone could say its reasonable to break someones nose because the person raised their arms! thats nuts.

like i said its a shit article, it doesnt give enough information to judge either way.

but its never ever ok to hit anyone.

unless you are a GLong player apparently, then you can do what the hell you like!

[stui magpie]

It's thin on detail. She said she went to his house for help, he said he went outside when he noticed someone in his yard late at night. For him to have chased her, she must have first ran which doesn't buy in with her argument she went there for help

he knew her, so I'll assume that he knew enough to be concerned when she suddenly raised her arms.

it's not OK to hit anyone but sometimes it's the least worst option.

I saw on the news recently some scattered woman came charging out of a doorway and attacked a visibly pregnant woman for no perceived reason. A male pedestrian walking past stepped in to pull the scattered chick off, who was twice the size of the pregnant one and similar size to him. An off duty cop stepped in and helped subdue the attacker, but if he hadn't been there, I'd have no problem popping her on the beak if the situation called for it.

[K]

It looks like it's been updated since I read it first, though the time stamp on it is quite old:

Woman calls for change after cop's assault charge dismissed

https://www.theage.com.au/national/vict ... 51vj9.html

"Police shouldn't be investigating police at all," the mother of two said through tears.
...

He said she raised her arms quickly and he had punched her in the face, as per his training.
...

Ms Mitchell, who briefly worked as a Queensland police officer and is now studying law, rejected that and said those claims were the result of a character asssasination against her.
...

A Victoria Police spokeswoman said "the existing oversight model is the most appropriate and effective".

"We cannot outsource our integrity," she said."

[David]

The thing that raised my eyebrows the most was that the cop punched her in the face “as per his training”. Is that seriously the first and most effective self-defence option in cases of unarmed combat? Aren’t police taught any other self-defence techniques, like, say, basic judo holds? Given how much we hear about the dangers of one-punch hits, it’s kind of extraordinary that they’re considered a first resort.

[K]

Yeah, I don't think that was in the original article and I highlighted it in a post at the same time as yours.

The other thing that sounded odd to me is that the magistrate used their "friendly neighbourhood relationship" prior to the incident as reason to doubt her. You'd think that could have been used equally as reason to condemn his actions, wouldn't you??