Sometimes NSW Police make me cringe in shame

The Sydney Morning Herald 11 September 2013:

Six northern NSW police officers are facing possible criminal charges and dismissal from the force after the Police Integrity Commission found they used excessive force against a young Aboriginal man at Ballina police station and then falsely claimed he had assaulted them.

In scathing findings tabled in Parliament on Tuesday, the commission criticised the officers involved in the January 2011 incident, finding them guilty of serious police misconduct and recommending a range of charges including assault, perjury and giving false evidence.

The incident began when Aboriginal man, Corey Barker, then 21, was arrested on Tamar Street, Ballina, for trying to obstruct police, and taken to the local police station.

The police officers involved claimed that when they attempted to move Mr Barker to a different cell he assaulted Senior Constable David Hill, punching him in the face.

However, the commission found that CCTV footage revealed there was no assault.

Rather, the commission found, the footage showed Mr Barker being slammed into a wall and a large metal object in the station's charge room by the officers, before they dragged him backwards by the arms along the ground into a cell.

Six of the officers who were either involved in the altercation or witnessed it, subsequently signed sworn statements accusing Mr Barker of assaulting police, statements which they then backed up with sworn evidence in court.

The case was thrown out by Ballina Local Court Magistrate David Heilpern, who referred the police's actions to the commission......

The commissioner found that Senior Constable Hill was a witness "of little credibility", and he and the other five officers had lied in their statements and in court.

The commission recommended Senior Constable Hill, Constable Walmsley, Constable Mewing, Senior Constable Mark Woolvern, and Constable Eckersley be considered for charges of assault, and that all but Constable Eckersley also be considered for charges of perjury....

Chris 'I thought politics was all about the paycheck' Gulaptis wants everyone to stop picking on him.....

NSW Nats MP for Clarence Chris Gulaptis is trying to distort collective memory and paint himself as the victim of a nameless plot, after being caught out fudging North Coast police numbers.

NSW Police at their worst while protecting Metgasco Limited's interests

Photograph of Gareth preparing to 'lock on' from EchoNetDaily

On 26 February 2013 an unnamed police officer used capsicum spray against a defenseless protester at coal seam gas exploration company Megasco Limited's Doubtful Creek test drilling site:

http://mpegmedia.abc.net.au/news/audio/am/201302/20130228-rnam-spray-protest.mp3

Excerpt from transcript:

TONY EASTLEY: New South Wales Police are investigating why an officer used capsicum spray on a protester who was chained to a truck.

The man was protesting against Metgasco's coal seam gas exploration site in the north of the state.

The Lock the Gate alliance which organised the protest says it will be lodging a complaint against the police.

A spokesman for the group says the use of spray on a passive protester amounts to assault.

David Mark reports.

DAVID MARK: A group of protesters have been attempting to disrupt test drilling by the company Metgasco at their coal-seam gas site near Kyogle since January.

On Tuesday one of the protesters, a 45 year old man named Gareth, locked himself to one of the company's trucks as it attempted to leave the site.

Scott Sledge, the president of the protest group the Northern Rivers Guardians, was close by.

SCOTT SLEDGE: They have a pipe which has a bend in it and both hands go into the pipe. And then it locks with clips onto a chain which is attached to the wrist so you can't actually pull that arm out of the metal sleeve.

DAVID MARK: Scott Sledge didn't see what happened next. He says he was on the other side of the truck. But he later spoke to Gareth.

SCOTT SLEDGE: He told me a policeman came under the truck and said, "Let go now and get out from under the truck or I'll spray you in the face." And he was holding a little canister, a spray canister. And he said, "I can't let go, I'm locked on".

And then he got sprayed in the face and it was burning. I heard him yell "I've been maced!" I yelled out then, "You can't do that, he's locked on, he's defenceless, that's torture."

DAVID MARK: New South Wales Police have released a statement confirming police did use capsicum spray on a 45 year old man while he was attached to a truck.

He was arrested but not charged......

DAVID MARK: Police guidelines say capsicum spray can only be used on three occasions: to protect human life; as a less lethal option for controlling people where violent resistance or confrontation occurs; or as protection against animals.....

The rolling blacklist is dead and our online privacy is once more protected - or is it?

 

The Age 9 November 2012:

 

Conroy has backed down but there's no shortage of people still pushing to invade our privacy and censor the internet.

It's almost five years since communications minister Stephen Conroy embarked on his crash-or-crash-through campaign to introduce mandatory ISP-level internet filtering for all Australians……

From the very beginning of the debate, outspoken filtering opponents such as Electronic Frontiers Australia and Mark Newton data retention to keep records of everyone's internet usage for two years. There's already a push to expand the scope of this plan.

Meanwhile anti-piracy lomade it clear that the real concern about the planned filter was its broad scope and veil of secrecy which left it open to abuse by those with an agenda.

It didn't take long for calls to expand the proposed filter. Family First Senator, Steve Fielding, called for the filter to cover legal hardcore pornography and fetish material, while Senator Nick Xenophon wanted it to encompass online gambling. The Australian Christian Lobby was also pushing to expand the scope of the filter to cover a wide range of sins…….

"Blocking the INTERPOL 'worst of' list meets community expectations and fulfils the government’s commitment to preventing Australian internet users from accessing child abuse material online," Conroy says.

"Given this successful outcome, the Government has no need to proceed with mandatory filtering legislation."

Only a politician could label such a backdown a "successful outcome", considering it's exactly what he should have done five years ago. Senator Conroy has been gradually backtracking on filtering for some time but only now does it seem safe to declare the plan officially dead. But that doesn't mean that free speech and privacy advocates can rest easy. Right now Australia is debating the proposal for blanket data retention to keep records of everyone's internet usage for two years. There's already a push to expand the scope of this plan.
Meanwhile anti-piracy lobbyists are threatening to bomb the internet back into the stone age with draconian plans which keep emerging under the guise of various proposals such as the Anti-Counterfeiting Trade Agreement (ACTA), Stop Online Piracy Act (SOPA), Protect IP Act (PIPA) and the Cyber Intelligence Sharing and Protection Act (CISPA)….

In November 2012 Australian citizens still struggle to get a definitive response from the Federal Attorney-General as to how law enforcement and intelligence agencies will ensure that they are not inappropriately gathering personal information on individuals when they wish to access to the following data without having to automatically apply for a warrant before each request to Internet Service Providers.

Definition of Telecommunications Data

From the Joint Parliamentary Committee on Intelligence and Security

 Inquiry into potential reforms of National Security Legislation

This type of unlawful behaviour by NSW North Coast police is not acceptable

One instance of NSW North Coast police assaulting a person in their custody has broken free from the hidden pool of local knowledge and made it into the full light of day.

Magistrate David Heilpern yesterday released the damning security footage of the attack, saying it clearly showed officers had lied about being assaulted by Aboriginal man Corey Barker.
Officers had previously told the court that the footage was unavailable as it was damaged - only for the court to ultimately ''repair'' it and play it to the hearing.


http://media.smh.com.au/news/national-news/police-bashing-in-ballina-cell-3541663.html

David Heilpern is to be commended for supporting the citizen's right to know how state institutions and their personnel conduct themselves.

Former Australian Prime Minister John Howard and his ministers have questions to answer

There always was a political stench attached to the Howard Government in relation to its handling of Wheat Board trade contracts, which saw Government fail in its duty of care and allow a breach of UN sanctions which aided Saddam Hussein by corruptly paying $300 million in kickbacks to the Iraqi regime.

Unease over the role of the Prime Minister and his ministers was apparent before, during and after the Inquiry into certain Australian companies in relation to the UN Oil-for-Food Programme

This article wafts that stench under voters’ nostrils once more.

In The Sydney Morning Herald, 7 June 2012:

THE man who led the Australian Federal Police investigation into the AWB scandal has alleged he was offered a promotion to shut down the inquiry.
In an explosive statement lodged with the Federal Court, the former AFP agent Ross Fusca said another senior officer told him that if he could ''make the oil-for-food taskforce go away, he would be appointed as next co-ordinator''.
Mr Fusca, a 30-year AFP veteran, has declared the inquiry into the wheat marketing body was never given enough resources and was shut down prematurely.
And he has alleged the police's AWB taskforce - which ran from late 2006 to August 2009 - had a high-level political informant who indicated that federal government officials were aware of AWB's payment of kickbacks.
In an interview with the Herald and ABC television's 7.30, Mr Fusca said he believed the offer of a promotion represented an improper inducement.
Mr Fusca's Federal Court claim also alleges that a day after the offer of promotion was made, another senior AFP officer pressured him into
Court documents state: "[The officer] insisted that the brief be completed by April 2009, claiming that the taskforce was out of budget. The applicant [Mr Fusca] maintained his position that an April 2009 deadline for the brief was unachievable" and that the earliest it could be finished was December 2009.
In a statement last night, the AFP said it was aware of Mr Fusca's claims, but that it could not comment.
The AFP shut down the taskforce in August 2009, handing responsibility for the case to the corporate watchdog ASIC………………..
The federal police-led taskforce was set up in late 2006 as a result of the Cole Royal Commission. The commission found that AWB Limited and some of its executives had corruptly paid $300 million of kickbacks to the Iraqi regime of Saddam Hussein, but that no Australian government officials knew of these payments. But Mr Fusca said a credible political informant had provided the AFP with intelligence that suggested ''senior government officials were aware … of the kickbacks''.

Opposition leader Tony Abbott, a Cabinet Minister in the Howard Government from 2001-2007, has set the I know nothing tone for Liberal Party and Nationals response:

"I'm just not aware of those reports, just not aware of them. [I'm] afraid I haven't yet read the newspapers, not aware of that report, so I just can't comment on it,"

Dodgy $20 notes doing the rounds in Lismore area

NSW Police Force media release 22^nd  April 2012

“Detectives on the state’s north coast are conducting inquiries after a number of fake $20 notes were found in circulation in the Lismore area.

A number of business owners contacted local police on Friday (20 April 2012) after the counterfeit notes were used to pay for good and services.

The phony cash was detected by staff at a Lismore kebab shop, pub, convenience store and fast food restaurant, and by two taxi drivers.

Detectives have launched an investigation in a bid to identify who’s responsible for producing them.

The counterfeit notes, totalling $240, have also been seized for forensic examination.

Richmond LAC Duty Officer, Inspector Robert Cairnduff, warned local residents and business owners to be on the lookout for the notes.

“I would encourage everyone to be extra vigilant when handling their money and if you do notice something odd or that doesn’t look quite right, please contact us immediately,” Insp Cairnduff said.

“The counterfeit notes that we have seized are not of great quality; however, in poor light or to the unsuspecting eye they could quite possibly be passed off as the real thing,” he said.

Inquiries by local detectives are ongoing.

Anyone with information that might assist investigators is urged to contact Lismore Police Station or Crime Stoppers on 1800 333 000.”

Steven Rhett Cansdell, retired NSW Nationals MP. The story so far....

In 2003 Nationals candidate Stephen Rhett Cansdell was elected to the NSW Parliament representing the Clarence electorate.

In 2005 he was caught on a Roads & Traffic Authority camera, driving in excess of the speed limit on the Pacific Highway at Woodburn NSW.

He subsequently made a false statement to a NSW Government agency in order to avoid losing his driving license. This false statement was made in a signed statutory declaration presented to that agency.

A part-time member of his electoral staff was allegedly induced to falsely agree that she had been driving the car when it was caught by the speed camera.

In 2007 he was elected to the NSW Parliament for a second time and in March 2011 he was returned as the Member for Clarence for the third time.

In between that time, he reportedly went on to lose his licence in 2009 after he was pulled over for doing 100kmh in an 80kmh zone at Clarenza. [The Daily Examiner,7 October 2011]

In April 2011 Cansdell publicly attacked a Local Court magistrate hearing charges relating to the Yamba riot, calling him pissweak and his decision a total travesty of justice. [North Coast Voices, 15 April 2011 and ABC North Coast NSW,13 April 2011]

On 16 September 2011 Steve Cansdell resigned his seat and, his position as Parliamentary Secretary for Police and Member of the Legislative Assembly Committee on Economic Development.

He left with the full financial benefits accruing to a Member of the NSW Legislative Assembly who had been in that position for eight years, five months and twenty-eight days.

On the morning of the day he announced his retirement, Mr. Cansdell was said to have attended Grafton Police Station and made a formal confession. Sometime later NSW Police commenced an investigation [The Daily Examiner,17 November 2011].

In the print, radio and television mediums Mr. Cansdell publicly admitted his wrongdoing.

He also admitted that he had avoided the driving license penalty because he wanted a "clean slate" in the lead up to the next election. [The Daily Examiner,7 October 2011]

He further admitted that he would probably never have confessed to his crime if a whistle blower hadn't drawn attention to it. [ABC North Coast NSW,22 November 2011]

So on one hand we have a former Member of Parliament who by his own admission broke the law and, as an undiscovered political miscreant twice successfully stood for re-election in part on a law and order platform. In the 2011 election campaign it was reported that Mr Cansdell said people were fed up with a system of law and order which failed to effectively demonstrate to people that actions had consequences. [The Casino Times,10 March 2011]

On the other hand we have an O’Farrell Coalition Government that did not suspend this government member when he confessed to the Deputy-Premier and, a parliamentary political party which did not expel him and continues to publicly support him despite his admitted wrongdoing.

A category of wrongdoing which is included in the Criminal Code and an act which a reasonable person might say brought State Parliament into disrepute.

Then in 2012 we have a NSW Director of Public Prosecutions who decides to ignore the fact that the false statement was made to a state agency in order to gain a benefit and refers the matter to the Commonwealth – because the statutory declaration form used was apparently one created under the C’wealth Statutory Declarations Act 1959 and not the NSW Oaths Act 1909. Mr. Cansdell apparently having elected not to use the form sent out with the NSW Office of State Revenue State Debt Recovery penalty notice. [NSW Attorney General and Minister for Justice in Hansard,7 March 2012 and NSW Office of State Revenue,2012]

According to The Daily Examiner on 7 March 2012; Late Wednesday the NSW Police Media Service released the following statement: "After receiving internal legal advice, the NSW Police Force will tomorrow hand over the brief of evidence in the Cansdell matter to the Commonwealth DPP. The office of the Commonwealth DPP declined to comment.

To be continued...........

How many police are assigned to the NSW North Coast?

When individuals on the NSW North Coast become dissatisfied as a result of their interactions with police, they often point to perceived low police numbers in their area as one of the reasons for any failings with regard to law enforcement.

Excerpts from the MINISTERIAL AUDIT OF THE NSW POLICE FORCE: Version 2 – October 2011 below appear to indicate that, although authorised and actual local police numbers compare favourably with other regional areas, these numbers are disproportionally impacted by the level of sick leave occurring across North Coast area commands.

At the beginning of the 2011-12 financial year the combined personnel shortfall in these northern commands totalled 145 officers, with 172 officers being on long-term sick leave for 45 days out of the previous 60 days.

Northern Region Local Area Command Strength Figures at 31 July 2011:

Coffs/Clarence Authorised 193 Actual 194 Operational 153 Variance –40

Mid North Coast Authorised 174 Actual 171 Operational 141 Variance –33  

Richmond Authorised 197 Actual 196 Operational 165

Variance – 32

Tweed/Byron Authorised 172 Actual 171 Operational 132 Variance -40  

  

Long term sick (LTS) does not impact on LACs in the Central Metropolitan Region as it does on the country Regions. The LAC with the highest number of staff not available due to LTS is Sutherland with 5 - compare this with Newcastle City (33) & Tweed/Byron (15) - Northern Region; Wollongong (21) & Lake Illawarra (16) - Southern Region; and, Oxley (Tamworth)(14) & Chifley (Bathurst)(14) - Western Region.

Northern Region has the highest percentage variance of operational strength versus authorised strength of the six Regions

 The most occurring category for unavailability is Long Term Sick

 172 officers in the Region as at 31.6.2011 had been recorded as having been off duty on Long Term Sick 45 days out of the previous 60 days

 124 officers in the Region were unavailable due to having been placed on "restricted duties‟ - this includes permanently restricted (37); temporary

restricted (65); pregnancy-related protocols (21); and, disciplinary (1)

 46 officers were officially classified as "Medically Overstrength‟ (awaiting discharge)

In Northern NSW the top five LACs for Long Term Sick are - Newcastle (33); Tweed/Byron (15); Richmond (14); Coffs/Clarence (12) and, Mid-North Coast and Port Stephens (Both 11).

On the subject of verballing - just how stupid does Meeja Tart Abbott and Poodle Pyne think Aussie punters are?

“I’ve been verballed!” cries Opposition Leader Tony Abbott. “He’s been verballed!” cries Manager of Opposition Business Christopher Pyne. “Julia dun it and the police should help us make political capital out of this!” they both yell in the meeja.

So what do we have here as the basis for a politically motivated police investigation into who said what and when?

On Thursday 26^th January 2012 one of the Prime minister’s media advisers was allegedly informed by a journalist of what Abbott said about the Aboriginal Tent Embassy’s relevance and future. It is possible that the journalist expanded on these remarks.

The advisor informed a union official, stating where Abbott was attending an function. The official in turn informed another at the Embassy and also pointed to where Abbott could be found.

People at an Australia Day event at the Embassy reacted and attempted to confront Abbott at The Lobby restaurant shortly afterwards.

Police appear to have been called to the rowdy demonstration at around 2.30pm.

Accepting the dubious proposition that Abbott really was verballed (and leaving aside the possible involvement of his own media advisers), who did this alleged verbally first?

Was it members of the Prime Minister’s staff?

Nah, it was the mainstream meeja that the Leader of the Opposition so assiduously courts– and here’s the visual evidence which was online on the 26^th January beginning at 10.35am with what was probably an item drawn from the the Australian Associated Press news feed:

Snapshot of Perth Now AAP report at 10.35am on 26th January 2012
Click on image to enlarge

Snapshot of Sky News report at 1.03pm 26th Jaunary 2012
Click on image to enlarge

Snapshots of The Telegraph online AAP report at 1.35pm on 26th January 2012
Click on images to enlarge

So before either Julia Gillard or Tony Abbott arrived at the restaurant for the National Emergency Services Medal ceremony, an inflammatory version of Abbott's remarks had been spread across Australia coast to coast - without any help from prime ministerial staff.
And all the Coalition political spin in the world won't change that fact.

* Thanks to Clarencegirl for the snapshots

NSW Police, Steve Cansdell and those intriguing "technical legal issues"

The Daily Examiner 25 January 2012:

POLICE have moved a step closer to laying charges against former Clarence MP Steve Cansdell for falsifying a statutory declaration.

Detective senior sergeant Peter O'Reilly, the officer investigating the matter, said he had sent a brief of evidence to the NSW Police Legal Services section who were working through some "technical legal issues".

He said the case was then likely to go to the Department of Public Prosecutions considering Cansdell's "standing in the community"…...

It is over four months since disgraced former Nationals MP Steve Cansdell admitted breaking the law in order to have a “clean slate” in the lead up to the 2006 state election; the Clarence by-election is over and the new Nationals MP for Clarence Chris Gulaptis is safely sworn-in.

Now NSW Police raise the possibility of "technical legal issues" further delaying the day Cansdell faces court.

A term which perhaps hints at overlapping jurisdictions because of a complaint/s to the NSW Independent Commission Against Corruption concerning Steve Cansdell's time in Parliament.

One has to hope that these technical legal issues are genuinely the delaying impediment that has been implied, or NSW Police will lose all credibility and be seen as mere puppets of an O’Farrell Government determined to bury Cansdell's actions under a mountain of spin until time past sees the matter fade from memory.

NSW Police fight to keep mug shots of persons found not guilty by courts and succeed

NSW Police has given us more reason not to fall foul of the law – it intends to keep all those physical and digital copies of mug shots even after people are found not guilty by the courts.

The reason why police get to keep these records forever? Well the NSW Administrative Decisions Tribunal tells us it's because those lawmakers in Macquarie Street forgot to consider mug shots and surveillance photos when framing LEPRA.

The Tribunal also says; “NSW Police Force is not required to comply with the information protection principles when taking photographs of a person in lawful custody under s 133 of the LEPRA”

LEPRA allows for the destruction of finger and palm prints, but this legislative oversight leaves the way wide open for police to indulge in some petty revenge by keeping people in the database who have no criminal record.

Now I had a wee hunt back in time and discovered that LEPRA was enthusiastically embraced in 2006 by none other than the present NSW Police Minister who said in Parliament that “We want to re-empower police in relation to arrest and research with what is known as LEPRA—the Law Enforcement (Powers and Responsibilities) Act.”

So the O’Farrell Government can’t just blame NSW Labor for the current stupidity.

Here’s one recent example of a person having prints destroyed but photos retained by police.

Gulaptis on the campaign trail - but wait, there's more!

The Nationals candidate in the Clarence by-election, Chris Gulaptis, has escaped the reservation again with a message that The Cops are Coming and they will be on the beat by the end of the year.

Now the entire Clarence Valley is aware that ten more police are on their way there and Casino is hoping for three additional probationary constables, but Gulaptis is promising more, more, more!

Do we want 20, 30, 35+ extra officers? Just name the figure and Chris is apparently privately promising to deliver these coppers to our door.

It is almost certain that NSW Premier O’Farrell, Deputy Premier Stoner and Police Minister Gallacher are blissfully unaware of the actual size of the blue army they are expected to march north by Christmas.

Will NSW Nats MP Steve Cansdell take up Lynne Mowbray's challenge?

On Page One of The Daily Examiner on 9 August 2011 one distressed local threw down a gauntlet in front of the Nationals Member for Clarence and Parliamentary Secretary for Police, Steve Candell, who is part of the NSW OFarrell Government:

ON WEDNESDAY afternoon several people at a Maclean car park witnessed an incident involving three people who appeared to be severely affected by alcohol and drugs.....
The two males continued harassing the woman to get back behind the wheel and continue driving as she was the only one who appeared to possess a licence.
It was obvious the two males were agitated. One appeared to be extremely volatile and aggressive and the other reeked of alcohol.
They ended up taking off in the car, driven by the highly intoxicated man and leaving the woman behind.
This incident was reported to the police out of fear these people were a mobile time bomb.
The Maclean police station was unattended at the time and the communication machine on the wall was faulty....
He explained there was no police presence in the Lower Clarence area on that day and an earlier domestic violence matter at Harwood had to be attended by the only available police car, which had to travel from Grafton.
I was in disbelief there was not one officer on duty in the whole of the Maclean, Yamba and Iluka areas.
As the police officer relayed this information to me I couldn't help but flash-back to three years ago when I witnessed a motorist asleep behind the wheel of his car, which was parked in the middle of the road leading into Maclean, at night with the lights off.
After waking him that night he appeared hostile and to be under the influence of either alcohol or drugs. I followed him into town as he drove on the wrong side of the road towards oncoming traffic.
I phoned the police twice, pleading with them to stop him before he killed someone, but I was told there was no police presence in Maclean, as they were called out to Yamba.
There were several other accounts of people being forced off the road as he headed towards his destination.
I remembered the gut-wrenching hopelessness and desperation I felt when the police called me back a short time later and asked me to come into the station the next day to provide details for a coronial inquest into the man's death. He ended-up hitting a tree at Ashby at high speed.
I remember how I sobbed uncontrollably, knowing I did my best to save this man but the “system” let me down.
The lack of police in the area that night not only left me scarred for the rest of my days, but also affected the police who attended that scene, the tow truck operator, the undertaker who attended and the family, neighbours and friends who were left to grieve.
The system let us all down that night.
In his new appointment as Parliamentary Secretary for Police and Emergency Services, I challenge the Member for Clarence, Steve Cansdell, to table this editorial in parliament.
The days of talking the talk are gone. It's now time to walk the walk.
Your electorate is lagging in police numbers and it's up to you to not just fight for change, but to deliver it. You have been given the baton and now is your time to run with it.
Give our police the control they need in their own area and enough police officers to staff our stations and reduce the work-related stress of our officers.
I can't help thinking that if we had our police station in Maclean staffed three years ago, that man would still be around today. It grieves me to think that while we play politics it is our community that suffers.
Please end this absurd disregard for our struggling officers and this community's safety and peace of mind.

Who's been stealing my name?

Google Earth snapshot of the fictitious residence of the creator of the suspicious domain names

 Who's been stealing my name?

That will probably be the question on the lips of NSW Police Commissioner Andrew P. Scipione and two North Coast police officers when they find that their given names have been used to create web addresses and/or they are the nominal owners of not one but at least ten Internet domain names.

One of which spectacularly leads to a male escort website homepage graphically displaying photographs of nude torsos and erect genitalia.

These domain names were registered in 2011 and some are now being offered for sale by the 'owners'.

It seems that one particular New South Wales resident has experienced a burst of dubious creative flair at the expense of the state police force.

Some good news for NSW Police after Yamba debacle

On 20 April 2011 The Daily Examiner ran with Yamba riot police inquiry launched which confirmed that the NSW Police Commissioner had instigated an investigation into how the police brief was prepared for use by the public prosecution team.

So it was perhaps fortunate that the day before the NSW Police media unit had released the latest Bureau of Crime Statistics (BOCSAR) figures indicating major categories of crime are at their lowest rate for 20 years.

Comparing 10 main crime categories from 1990 to 2010, BOCSAR has found the murder rate has halved while robbery with a firearm has fallen 66 per cent.

In other trends,

· Motor vehicle theft is down 70 per cent
· Break and enters (non-dwelling) is down 62 per cent
· Break and enters (dwelling) is down 43 per cent
· Robbery with a weapon (not firearm) is down 23 per cent
· Robbery without a weapon is down by five per cent…..

a 14 per cent reduction in assaults in New South Wales in the past two years…..

a 27 per cent reduction in ‘glassings’ in licensed premises during the same period.....

in the 24 months to December 2010, all major categories of crime in New South Wales are either stable or falling.

They include:

· Robbery with a weapon not a firearm: down 11 per cent
· Robbery without a weapon: down 6.9 per cent
· Break and enter (non-dwelling): down 11.4 per cent
· Steal from person: down 10.6 per cent
· Malicious damage to property: down 10.1 per cent
· Motor vehicle theft: down 9.3 per cent
· Steal from motor vehicle: down 4.8 per cent…..

The BOCSAR website is now interactive and you can compile your own statistical sets here for the area in which you live.

Major stuff up by NSW Police a candidate for Ripley's Believe It Or Not

From the pen of The Daily Examiner editor, David Bancroft, on Page 8 of the 12^th April 2011 newspaper issue:

“IT is almost beyond comprehension that no-one has been convicted of anything more serious than a misdemeanour following the Valentine's Day riots in Yamba last year.

It is beyond dispute that a police car, probably worth in excess of $100,000, and another vehicle were set alight and that police from all over the North Coast were pelted with a variety of missiles, including bricks and rocks.

It is conceivable someone could have been asleep in the second car to catch fire, with disastrous consequences.

All this was caught on police video and from the mobile phones of those attending a loud, late night party in the Yamba industrial estate.

Scores of people were there and witnessed the action.

But despite there being enough evidence to keep a trial going for six weeks, no riot convictions were recorded.

In fact, the only charge that stuck was that of failing to comply with a noise abatement order and, because of his previous good record, the occupier of the premises, Craig McNeill, was released on a good behaviour bond. One of the difficulties in prosecuting a case where there are multiple accused is that almost everyone has a different interpretation of what occurred and, in the court's mind, that can be enough to create the reasonable doubt required for acquittal.

This trial has already cost taxpayers tens of thousands of dollars for no result, but that figure could climb substantially higher if those who have now been released (remember some spent months in jail) pursue compensation.”

The Daily Examiner article “Yamba riot accused set free” on Page 1 of the 12^th April 2011 issue:

“In handing down his findings, Mr Andrews questioned why police held a debrief on February 17 before they prepared their statements.

“It is difficult to believe why experienced police officers would undertake a process that would lead to their evidence being criticised by the defence,” he said.

He then went on to question the honesty of police evidence.

“If police are prepared not to be honest in such matters, how can a court be prepared to consider their evidence seriously?” he said.

“There is little doubt that the various police witnesses have collaborated with their evidence.”

The cheque really was in the mail

A Yamba resident fought the law and won on Tuesday when he managed to get his fine for driving his unregistered ute overturned.
Documents tendered to the court proved Mr Y (name changed) had paid his green slip, pink slip and posted a cheque to the RTA with his rego papers on May 31, 2010.
After posting the letter thinking he had renewed his registration, Mr Y flew from Ballina to Bathurst on June 1, to visit his sick mother, and returned on June 8.
When he got home, although he had not received his registration papers from the RTA, Mr Y presumed it had been paid and began moving green waste to the tip in his ute.
Police conducting random breath tests on Yamba Road stopped Mr Y at noon on June 11.
When he passed the breath test, police noticed the vehicle’s registration had expired on June 2.
When police questioned Mr Y about the expired registration he replied: “I posted it to the RTA.”
It turns out the mail was stuck in transit for more than a week at Maclean Post Office, not reaching the RTA until Mr Yintervened.
After checking with his bank, which confirmed his cheque hadn’t been presented, Mr Y phoned Maclean Post Office staff, who said they had his letter.
But they hadn’t put it with the shared mail for the council chambers.
After a 45-minute phone call to the RTA customer service hotline pleading to be transferred to the Maclean RTA, Mr Y finally spoke with a Maclean staff member, agreeing to pick up the letter in their lunch hour and process the payment.
Mr Y hand-delivered it to Yamba police station at 5.45pm that day, thinking the matter was over
That was until he found a $506 infringement notice on his doorstep a couple of days later, which he challenged in court.
The Magistrate found Mr Y had done everything he could to pay the registration and dismissed the infringement notice under Section 10 of the Crimes Act.

Source: The Daily Examiner, 19/2/11

"Torture and police brutality in Egypt are endemic and widespread": US Ambassador Margaret Scobey in 2009

In the face of wide spread civil unrest Egypt's President Hosni Murbarack has sacked one government and installed another. With the head of the secret police Omar Suleiman now designated Vice-president and uncertainty as to whether Interior Minister Habib El-Adly will be dismissed, this may not bode well for protestors and dissenters in light of this U.S. diplomatic cable 09CAIRO79 sent on 15 January 2009:

C O N F I D E N T I A LCAIRO 000079 SIPDIS DEPARTMENT FOR NEA/ELA, DRL/NESCA, INL AND INR/NESA NSC FOR PASCUAL AND KUTCHA-HELBLINGE.O. 12958: DECL: 01/15/2029TAGS: PGOV PHUM KDEM EG........

¶1. (C) Summary and comment: Police brutality in Egypt against common criminals is routine and pervasive. Contacts describe the police using force to extract confessions from criminals as a daily event, resulting from poor training and understaffing. Brutality against Islamist detainees has reportedly decreased overall, but security forces still resort to torturing Muslim Brotherhood activists who are deemed to pose a political threat. Over the past five years, the government has stopped denying that torture exists, and since late 2007 courts have sentenced approximately 15 police officers to prison terms for torture and killings.

Independent NGOs have criticized GOE-led efforts to provide human rights training for the police as ineffective and lacking political will. The GOE has not yet made a serious effort to transform the police from an instrument of regime power into a public service institution. We want to continue a USG-funded police training program (ref F), and to look for other ways to help the GOE address police brutality. End summary and comment.........

¶2. (C) Torture and police brutality in Egypt are endemic and widespread. The police use brutal methods mostly against common criminals to extract confessions, but also against demonstrators, certain political prisoners and unfortunate bystanders. One human rights lawyer told us there is evidence of torture in Egypt dating back to the times of the Pharaohs. NGO contacts estimate there are literally hundreds of torture incidents every day in Cairo police stations alone. Egyptians are bombarded with consistent news reports of police brutality, ranging from high profile incidents such as accidental but lethal police shootings in Salamut and Aswan this past fall (refs B and C) that sparked riots, to reports of police officers shooting civilians following disputes over traffic tickets. In November 2008 alone, there were two incidents of off-duty police officers shooting and killing civilians over petty disputes. The cases against both officers are currently making their way through the judicial system.

¶3. (C) NGO and academic contacts from across the political spectrum report witnessing police brutality as part of their daily lives. One academic at XXXXXXXXXXXX told us XXXXXXXXXXXX the police proceeded to beat a female suspect into confessing about others involved in the theft and the whereabouts of the stolen valuables. A contact from an international NGO described witnessing police beat the doorman of an upscale Cairo apartment building into disclosing the apartment number of a suspect. Another contact at a human rights NGO told us that her friends do not report thefts from their apartments because they do not want to subject “all the doormen” in the vicinity to police beatings. She told us that the police’s use of force has pervaded Egyptian culture to the extent that one popular television soap opera recently featured a police detective hero who beats up suspects to collect evidence.

¶4. (C) Contacts attribute police brutality to poor training, understaffing and official sanction. Human rights lawyer XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXX speculated that officers routinely resort to brutality because of pressure from their superiors to solve crimes. He asserted that most officers think solving crimes justifies brutal interrogation methods, and that some policemen believe that Islamic law sanctions torture. XXXXXXXXXXXX commented that a culture of judicial impunity for police officers enables continued brutality. According to XXXXXXXXXXXX, “Police officers feel they are above the law and protected by the public prosecutor.” Human rights lawyer XXXXXXXXXXXX attributed police brutality against common criminals, including the use of electric shocks, to the problem of demoralized officers facing long hours and their own economic problems. He asserted that the police will even beat lawyers who enter police stations to defend their clients.......

¶5. (C) XXXXXXXXXXXX explained that since the GOE opened a dialogue with formerly violent Islamists, such as the Islamic Group, following the 1997 Luxor terrorist attacks, torture of Islamists has decreased. XXXXXXXXXXXX claimed that the GOE now treats Islamists better than common criminals. Some Islamist detainees are “spoiled,” he asserted, with regular access to visits from friends and family, decent food and education. Before the Luxor attacks, XXXXXXXXXXXX commented, the government would torture Islamist detainees on a daily basis.

¶6. (C) Attorney XXXXXXXXXXXXXX commented that the GOE is more reluctant to torture Islamists, including Muslim Brotherhood (MB) members, because of their persistence in making public political statements, and their contacts with international NGOs that could embarrass the regime. XXXXXXXXXXXX speculated that the exception to this rule is when MB members mobilize people against the government in a way the regime deems threatening, such as the April 6 Facebook strike (ref D). According to XXXXXXXXXXXX, the MB-affiliated blogger and “April 6 Movement” member XXXXXXXXXXXX whom police arrested XXXXXXXXXXXX (ref A) falls into this category, and the GOE is probably torturing him to scare other “April 6” members into abandoning their political activities. XXXXXXXXXXXX’s assessment tracks with “April 6” member XXXXXXXXXXXX’s accounts of his own torture and the alleged police sexual molestation of a female “April 6” activist this past November (ref A). Bloggers close to XXXXXXXXXXXX told us that following his arrest he was tortured severely with electric shocks and needed to be hospitalized, but that security forces stopped the torture when he began cooperating.......

¶7. (C) Contacts agree that in the past five years, the government has stopped denying that torture exists and has taken some steps to address the problem. However, contacts believe that the Interior Ministry lacks the political will to take substantive action to change the culture of police brutality. XXXXXXXXXXXX asserted that following alleged standing orders from the Interior Ministry between 2000 and 2006 for the police to shoot, beat and humiliate judges in order to undermine judicial independence, the GOE made a political decision in 2007 to allow the courts to sentence police officers to short prison terms. XXXXXXXXXXXX described the 2007 Imad El-Kebir case as a turning point in influencing the government to permit the sentencing of police officers.

(Note: Per ref E, a court sentenced two police officers to three years in prison in November 2007 for assaulting and sodomizing bus driver Imad El-Kebir. The case gained notoriety after a cell phone video recording of the torture was posted on YouTube. End note.)

¶8. (C) An estimated 13 cases of officers accused of brutality are currently working their way through the courts, and judges have handed down moderate sentences, usually the minimum three-year prison term, against policemen over the past few months, often for heinous crimes. For example, in October 2008, a court sentenced a policeman to three years in prison for beating and drowning a fisherman. In November 2008, a court sentenced two policemen to three years in prison for hooking a man to their car and dragging him to his death. XXXXXXXXXXXXX characterized the sentences as “light,” in proportion to the crimes, but commented that any prison sentences are an important development toward holding the police responsible for crimes. XXXXXXXXXXXX commented that the prison sentences demonstrate that the GOE is providing political space for judges to operate somewhat independently, in response to criticism from foreign governments and international NGOs. XXXXXXXXXXXXX described the sentences as important in drawing public attention to brutal police crimes, and strengthening the hand of advocates who call for reforming systemic problems within the police force......

¶11. (C) Former senior Interior Ministry official Ihab Youssef, Director of the NGO “The Police and the People for Egypt†told us in late 2008 that his NGO did not receive many proposals from the public in response to its solicitation for ideas on developing projects to build trust between the police and citizens. Youssef said that the NGO’s Facebook site, which provides a forum for the public to complain about the police, has generated more interest. In September 2008, Youssef publicly announced the formation of his NGO, which counts establishment figures such as former FM Ahmed Maher among its board members (ref C). Youssef does not receive GOE funding for the NGO, and has turned to private Egyptian businesses to raise money. XXXXXXXXXXXX.....

¶12. The GOE has not begun serious work on trying to transform the police and security services from instruments of power that serve and protect the regime into institutions operating in the public interest, despite official slogans to the contrary. It seems that the government would have the strongest interest in preventing future accidental shootings of innocents, such as the Salamut and Aswan incidents that resulted in riots. We imagine that halting the torture of common criminals, who are usually poor and voiceless, is lower on the GOE’s agenda. We want to continue USG-funded police training, and we will look for ways to help XXXXXXXXXXXX’s NGO launch productive work.

SCOBEY

Best flood evacuation centre in Australia 2011?

Tweet sent out on 14 January 2011:

VictoriaPolice VictoriaPolice
Town of Great Western to be evacuated due to being inundated. Evac to Great Western Winery. Emergency alert will be sent to homes #vicrains