A conga line of #COVIDIOTS

Queensland Police News, 30-31 July 2020:

Woman fined for not declaring hot spot, Gold Coast 
myPolice on Jul 31, 2020 @ 3:06pm 

 Police have given a 25-year-old woman a $4003 fine this morning after she allegedly provided false information by failing to declare she had been to a hot spot in New South Wales. 

The woman was travelling with a man by car with Queensland registration plates when around 4am they attended the Miles Street checkpoint with a Queensland Declaration Border pass stating they had not visited a known hot spot. 

Police working at the checkpoint believed the man and the woman were acting suspiciously and questioned them further about their movements and it is alleged differing versions were given. 

It is alleged the woman eventually admitted to recently being in Campbelltown and the man from Fairfield. 

Police also established that the 53-year-old man was wanted for other criminal matters in New South Wales and was taken in to custody. 

The woman was given a $4003 fine and turned away from the border. 

Chief Superintendent Wheeler said this highlights that police are being very vigilant on our border checkpoints. 

“If you are coming into Queensland, even with a valid Border Declaration pass, you stand a very good chance of being intercepted and questioned by police. 

“We make no apologies for our vigilance and scrutiny as this is about keeping Queensland safe from the threat of COVID-19,” said Chief Superintendent Wheeler.  

BWC vision can be viewed here: https://d2haxmvzil2swt.cloudfront.net/uploads/2020/07/30/093525_COVID_Fine.mp4

Three women charged under the Public Health Act 
myPolice on Jul 30, 2020 @ 4:09pm 

Detectives from Task Force Sierra Linnet have charged three women for allegedly providing false information on their Queensland border declarations. 

Police will allege that all three women travelled to Victoria and deliberately provided misleading documents at the Queensland border. 

A 19-year-old Heritage Park woman, a 21-year-old Acacia Ridge woman and a 21-year-old Algester woman have all been charged with one count each of providing false or misleading documents – Section 364 of the Public Health Act (maximum penalty – 100 penalty units or $13,345) and fraud (dishonestly gain benefit / advantage) – Section 408C(1)(d) of the criminal code (maximum penalty five years’ imprisonment). 

Police can also confirm that all three women are now cooperating with QPS and Queensland Health officials. 

A criminal investigation is also being undertaken by Task Force Sierra Linnet investigators which is unrelated and not connected to the alleged travel to Victoria. 

All three women are currently in quarantine and are due to appear in the Brisbane Magistrates Court on September 28. 

There is no further information available at this time in relation to the ongoing criminal investigation. 

The Queensland Police Service is committed to ensuring everyone complies with public health directions and will continue to enforce restrictions at the border. 

The Queensland Entry Declaration can be accessed at www.qld.gov.au/border-pass.

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NSW Police, Latest News, 27-30 July 2020: 

Victorian man charged over alleged breach of Public Health Order 
Thursday, 30 July 2020 02:58:56 PM 

Police have charged a Victorian man with breaching a Public Health Order after he flew from Melbourne to Sydney allegedly without a permit to enter NSW. 

Just before 1pm yesterday (Wednesday 29 July 2020), officers who were deployed at Sydney Airport for Operation Coronavirus, were requested to assist NSW Health who were talking with a man who had just arrived on a flight from Melbourne. 

Police were told the 21-year-old man from Roxbough Park, Victoria, was unable to produce a NSW Health exemption. 

The man was assisted to charge his phone before it was established that he did not have a permit but would apply for one so he could care for his children. 

It’s alleged that the man made a number of applications for a permit and had provided false information. 

After establishing that the man did not have children, nor a valid reason to be in NSW, police directed him to return to Victoria. 

He was offered options for travel and further assistance from NSW Health.
The man allegedly refused to make travel plans and failed to comply with police directions and was arrested about 3.30pm before being taken to Mascot Police Station. 
During a subsequent search of the man and his bags, officers located a bottle of alprazolam, which was not prescribed to him. 

He was charged with not comply with noticed direction re s 7/8/9 - COVID-19 and possess prescribed restricted substance. 

The man was granted conditional bail but is required to quarantine in a Health-managed hotel until he appears at Downing Centre Local Court on Monday 17 August 2020. 

Police continue to appeal to the community to report suspected breaches of any ministerial direction or behaviour which may impact on the health and safety of the community. 

Anyone who has information regarding individuals or businesses in contravention of a COVID-19-related ministerial direction is urged to contact Crime Stoppers: https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

Latest breaches of Public Health Orders across state 
Monday, 27 July 2020 02:38:30 PM 

Three people have been issued Penalty Infringement Notices after failing to self-isolate on return from Victoria. 

Details of these alleged breaches are further outlined below: 

- About 12pm on Saturday (25 July 2020), officers attached to Murray River Police District attended a home on Decimus Street, Deniliquin, following reports two people who had returned from Victoria on Tuesday 21 July 2020, had been seen entering a store on Cressy Street. A 33-year-old woman and 31-year-old man allegedly told police “it’s a free country”. They were both subsequently issued $1000 PINs. 

- About 12pm yesterday (Sunday 26 July 2020), officers from South Coast Police District attended a home at Surf Beach, after reports a 63-year-old woman had visited a supermarket in Batemans Bay despite being directed to self-isolate after returning from Victoria. She was issued a $1000 PIN.

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Victoria Police, Breaking News, 29 July 2020: 

Teen charged following evade 
Wednesday, 29 July 2020 04:44 

A teenaged boy has been charged after evading police in a car last night. Officers were called to Holland Crescent, Truganina about 11.50pm after reports of a group of males acting suspiciously. 

When police arrived it is alleged that two males drove off in a BMW. 

The BMW was sighted a number of times by police and it is alleged that it was travelling at high speed and failing to stop at red lights. 

The car was eventually spotted in Quarrion Court, Hoppers Crossing about 12.40am. 

As officers approached the BMW, the two occupants got out of the car and ran from police. 

The driver, a 16-year-old boy from Truganina, was arrested after a short foot chase. 

The other occupant of the car is still outstanding. Investigators have interviewed the youth and he has been charged with reckless conduct endangering serious injury, drive manner dangerous, drive speed dangerous and unlicensed driving. 

He has been bailed to appear at a Children’s Court at a later date.
The teen was also found to be in breach of the directions issued by the Chief Health Officer. 
He has been issued a $1652 penalty notice. 
The directions by the Chief Health Officer, under the State of Emergency declared in Victoria, have been enacted to help stop the spread of Coronavirus.
 
The investigation into the incident is ongoing.

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News.com.au, 1 August 2020: 

A Victorian woman has been charged after she allegedly gave false information to police upon her arrival into Queensland. 

Officers from task force Sierra Linnet reviewed the border declaration of a 51-year-old woman who told authorities she was travelling into Queensland from Victoria for “essential work purposes”. 

Gympie police attended an address at 11am this morning and spoke to the woman. Further investigations revealed that she lied at the border about her purpose for entering Queensland, police said. 

She has since been taken to hotel quarantine. 

She was charged with one count of failing to comply with a COVID-19 border direction, and was issued a Notice to Appear at Gympie Magistrates Court on November 30. 

Investigations are ongoing.

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In 2019 the NSW Police have been in the news and not for the best of reasons

With NSW Police being the subject of negative media reports this year concerning conduct while on duty, perhaps now is the time to look at how matters concerning allegations of police misconduct are handled by government agencies.

Law Enforcement Conduct Commission 2018-19 Annual Report gave this overview with regard to the last financial year:

• furnished 11 reports to the NSW Parliament;

• assessed 2547 complaints;

• conducted 207 investigations, comprising 85 preliminary enquiries, 73 preliminary investigations and 49 full investigations. The number of full investigations almost doubled for the financial year, up from 28 in 2017-18;

• conducted 78 private examinations;

• monitored 32 new NSWPF critical incident investigations, of which 27 critical incidents were attended by Commission staff. Commission staff also continued to monitor 31 existing critical incident investigations from the previous financial year;

• reviewed 1221 and monitored 16 misconduct matter investigations as part of the Commission’s oversight function;

• visited Dubbo, Nowra, Forster, Taree, Kempsey, Maitland, Port Macquarie, Casino, Broken Hill, Wilcannia, Newcastle, Wagga and the greater Sydney region as part of the Commission’s community engagement program; and

• presented to solicitors and community organisations at a range of forums including the Law Society of New South Wales, Gosford Court open day, the Aboriginal Legal Service, Community Legal Centres quarterly conference, multiple domestic violence services, Red Cross Young Parents program, Koori interagency meeting and Legal Aid Cooperative Legal Service Delivery groups around the state, amongst others.

In 2018-19 there were 1,384 (93.7%) complaints received from the general public, 94 (6.3%) from people identified as police officers, 4 (0.2%) from the NSW Crimes Commission and 63 (4.07%) from the NSW Independent Commission against Against Corruption.

During 2018-19 the LECC worked on 207 investigations, comprising 85 preliminary enquiries, 73 preliminary investigations and 49 full investigations. Of these, 104 matters were completed and 103 were ongoing at 30 June 2019.

Of these full investgations 2 were referred to the Office of the Director of Public Prosecutions for consideration of prosecution, 5 resulted in a dissemination of information to the NSW Police Force and 2 that resulted in information being disseminated to other law enforcement agencies (LEA).

According to The Sydney Morning Herald the 49 full investigations last financial year only represented 2% of the 2,457 assess complaints received.

One of these 2,2457 assessed complaints became the subject of an ABC News online article containing distressing footage of a young mother being arrested after a traffic stop. 

On 23 September 2019 the LECC issued a media release announcing a public hearing with regarding the strip search of an underage female at the Splendour in the Grass music festival at North Byron in July 2018 by NSW Police, and strip search practices more generally.

A report from a formal investigation into strip searching is not yet available.

In October 2019 the LECC published a Report in relation to its investigation in Operation Trieste which dealt with the stopping of a vehicle being driven by a 24 year-old woman with her stepmother as the only passenger. Body cam video footage formed part of the evidence and it was found that 2 police officers “engaged in serious misconduct during the relevant traffic stop in that they breached s 7 of the Police Act, breached the NSWPF Code of Conduct and Ethics and breached the provisions of LEPRA.”

The LECC recommended “that consideration be given to the taking of action against Officer 1 pursuant to s 173 of the Police Act...”

In October 2019 the LECC also published The New South Wales Child Protection Register: Operation Tusket Final Report - 2019 which stated in part that:

The Commission’s investigation has established that there have been problems with the Register for 17 years. Significant errors in the application of the CPOR Act started occurring as early as 2002. These errors have included incorrect decisions by the NSW Police Force about which persons should be included on the Register, and incorrect decisions about how long persons were legally required to make reports of their personal information to police under the CPOR Act (their ‘reporting period’).

Some of these errors have resulted in child sex offenders being in the community without being monitored by the NSW Police Force as required by the CPOR Act. The Commission reviewed one case in which a person reoffended while unmonitored. Other errors have caused the NSW Police Force to unlawfully require people to report their personal information to police for a number of years. As a result, people have been wrongly convicted, and even imprisoned, for failing to comply with CPOR Act reporting obligations, when in fact those obligations did not apply to them at the relevant time. Two persons were unlawfully imprisoned for more than a year in total.

The NSW Police Force has been aware for a number of years that there were significant issues with the Register. In 2014 the NSW Police Force Child Protection Registry (the Registry), the specialist unit in the State Crime Command responsible for maintaining the Register, started filing internal reports warning of systemic issues causing inaccuracies in the Register. Multiple reports from the Registry prompted the NSW Police Force to review 5,749 Register case files. This review was started in 2016 and took two years to complete. In October 2018 it concluded that 44 per cent (2,557) of those Register case files had contained errors.

Police are a vital part of regional NSW but incidents such as this are becoming too common

It would be hard to find a person who isn't glad to see police in times of fire, flood, destructive storms and bad traffic accidents.

Families are also grateful when police go out to check on the welfare of relatives who live far away.

So it is always disappointing when reports like this surface.....

Echo NetDaily, 25 October 2019:

One of the officers involved in the arrest of a teenager in the Byron CBD last year has been charged with common assault.

A screen grab of the A Current Affair footage, which was taken by Byron locals who witnessed the incident. (Channel Nine)

NSW Police this morning issued a statement saying that an officer had been charged over the incident and would appear in court on December 2.

The teenager was arrested by four officers in the early hours of February 11 last year in Lateen Lane.

The laying of the charge follows an investigation into the incident by the law enforcement conduct commission, which referred the matter to the NSW Director of Public Prosecutions (NSWDPP) for advice about whether charges could be laid against the officer.

The Commission found that the officer engaged in serious misconduct by applying 19 baton strikes to the young person. It made no adverse findings against the other officers involved in the young person’s apprehension.

On Wednesday the officer was issued with a Future Court Attendance Notice, and he will now appear in Byron Local court on December 2.

NSW Police has previously indicated that the officer is no longer serving in the Byron region.

‘He is now performing duties at another command,’ a NSW Police spokesperson said.....

NSW Law Enforcement Conduct Commission will investigate complaints concerning the behaviour of officers belonging to an elite police unit in Grafton

The Daily Examiner, 3 September 2019, p.3: 

The NSW Law Enforcement Conduct Commission will investigate complaints into the behaviour of officers belonging to an elite police unit in Grafton in May. 

Grafton solicitor Greg Coombes has lodged complaints with the LECC, alleging officers from Strike Force Raptor targeted him over a two-day period when he was due to defend a member of an outlaw motorcycle gang on an animal cruelty charge. 

The State Crime Command’s Gangs Squad formed Strike Force Raptor in 2009 to tackle outlaw motorcycle gangs and any associated criminal enterprises. 

Mr Coombes said the LECC had two courses of action open to it. 

“They can direct the police to investigate the complaint, or they can run their own investigation,” he said. 

“In my case they’ve decided to take the harder option and conduct the investigation themselves.” 

Mr Coombes said he understood the LECC could recommend anything from exoneration to sacking following an investigation. 

“I’m certainly glad they’re taking this seriously,” he said. 

“It’s one thing to hassle bikies, but it’s another thing entirely to actively interfere with the court process.....

NOTE: 

The Law Enforcement Conduct Commission is an independent statutory body. Its principal functions are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission. The Commission is separate from and completely independent of the NSW Police Force and NSW Crime Commission.

Past investigations can be found at https://www.lecc.nsw.gov.au/investigations/past-investigations/2019.

'We told you so!' echoes around social media as Australian police found to have exceeded lawful authority in accessing citizens' metadata

Recalling the many social media voices which expressed concern when legislation was before the Australian Parliament, none of this comes as any surprise......

The Guardian, 23 July 2019:

In addition to one instance of the Australian federal police accessing a journalist’s data without a warrant reported in 2017, the ombudsman discovered two instances where the WA police applied for – and obtained – a journalist information warrant from a person not authorised to provide it. 

“This occurred due to a lack of awareness by WA police regarding to whom an application for a journalist information warrant could be made,” the report said. “In response to this issue, WA police took steps to quarantine all information obtained under the invalid warrants.” 

The Guardian, 24 July 2019:

The home affairs minister Peter Dutton has claimed “there are consequences” for unlawful metadata searches but conceded he doesn’t know if any action has been taken after revelations of widespread breaches by law enforcement agencies. 

On Wednesday the ACT’s chief police officer, Ray Johnson, brushed off the fact his officers accessed metadata at least 116 times without proper authorisation in 2015, labelling it an “administrative oversight”. 

The revelations were contained in a commonwealth ombudsman’s report which also found Western Australian police twice obtained invalid warrants targeting journalists’ data and the department of immigration received data outside the authority’s parameters in 42 cases. 

Labor’s home affairs spokeswoman Kristina Keneally said the report shows metadata powers “have been abused to allow illegal searches and to target journalists”. 

ZDnet, 25 July 2019:

The Commonwealth Ombudsman report [PDF] into how 20 agencies across federal and state levels government agencies across Australia handle stored communications and metadata over the period of the 2016-17 financial year has been released, with Home Affairs being the only agency that was handed recommendations. 

Home Affairs was called upon to ensure it could "accurately account for the number of telecommunications data authorisations it issues in any given period" to comply with its record keeping obligations, and have a central system to store or monitor telecommunications data once it had been handed to investigators. 

The recommendations were a result of the former Department of Immigration and Border Protection (DIBP) having 8 record keeping issues identified, as well as a statistical issue, and 42 instances of telecommunications data being accessed outside the parameters of authority. The Ombudsman explained that 41 of those instances were due to an automatic input from DIBP's database which has since been resolved. 

Also falling under the Home Affairs banner following its transferral into the Peter Dutton-helmed superministry is the Australian Federal Police, which disclosed that between October 13 to 26, 2015, all authorisations by ACT Police were not authorised, due to the AFP Commissioner failing to authorise any ACT officers for that period. 

The Guardian, 26 July 2019:

ACT Policing has admitted it unlawfully accessed citizens’ metadata a total of 3,365 times, not 116 as previously disclosed in an explosive commonwealth ombudsman’s report on Monday. 

The new disclosures include a total of 240 cases that resulted in information valuable to criminal investigations and two that “may have been used in a prosecution”. 

In a statement on Friday, ACT Policing revealed the 116 unlawful metadata requests detailed in the report tabled in parliament on Monday are the tip of the iceberg, with a further 3,249 requests made from 11 March to 13 October 2015 under an invalid authorisation. 

The revelation comes as Western Australia’s top cop has said there have been no consequences for police who unlawfully accessed a journalist’s metadata,
contradicting Peter Dutton’s suggestion they might be penalised. 

Police made illegal metadata searches and obtained invalid warrants targeting journalists Read more In the statement ACT Policing revealed it is still seeking legal advice about how to deal with two cases where invalidly obtained metadata was used in “a missing persons case and a criminal matter where the data in question may have been used in a prosecution”. 

“It is not appropriate to identify particular cases,” it said.

 See remainder of statement and full article here.

Police accused of running "a new regime of secrecy"?

From the July 2019 issue of the Australian Newspaper History Group Newsletter:

The Royal Commission into the Management of Police Informants' progress report, which was tabled by the Victorian Government today, is now available along with the Commission’s first tranche of public submissions here.

Quote of the Week

"They were openly saying that they would cooperate, but I think you could almost say that the way that they classed their cooperation would be similar to a protester lying on the ground in the middle of the street not resisting the police, but the police would have to pick that person up and drag them off the street. I think that that's the level of cooperation that the Catholic Church gave us."  [Former Detective Sergeant Doug Smith, speaking of Victoria Police Taskforce SANO's investigation into Cardinal George Pell, quoted in ABC News online, 4 March 2019]

The past two months have not been great for NSW Police public relations

The Daily Examiner, 8 October 2018, p.3:

Two police officers have been served with future court attendance notices for alleged offences related to the use and access of a NSW Police Force computer system.

Police said the 43-year-old male senior constable and the 40-year-old female leading senior constable, both attached to Northern Region, are alleged to have modified data in October, last year.

The woman has been charged with unauthorised access of restricted data and the man has been charged with unauthorised modification of restricted data.

They are both due to appear at Coffs Harbour Local Court on Tuesday, November 23.

The West Australian, 6 October 2018:

A Sydney police officer has been stood down after allegedly making sickening threats towards a Greens Senator’s young daughter.

Sarah Hanson-Young was targeted by what she calls vile, cowardly and intolerable threats at the height of her public stoush with Senator David Lleyonhjelm.

But Ms Hanson-Young says the threats went further, targeting her 11-year-old daughter in a call made five days after her joust with Mr Lleyonhjelm.

“I have spoken to her about it,” she said.

“Of course it’s a difficult thing to explain.

“I was very shocked to know that it was a police officer.

“It's disgusting and no child deserves this, no young woman deserves this and to do it is not just cowardly, it's vile.”....

Federal police charged the 56-year-old cop with using a carriage service to menace, harass, offend after raiding his south-western Sydney home.

The senior constable has since been stood down and his employment is under review….

The officer will face court next month and faces up to seven years’ in prison if convicted.

NSW Law Enforcement Conduct Commission, Media Release, 20 September 2018:

RELEASE OF REPORT ON LECC OPERATION BALTRA

The Law Enforcement Conduct Commission has found that a Leading Senior Constable engaged in serious misconduct after he punched an intoxicated woman (Ms Z) in police custody on 15 September 2017.*

The Commission’s Operation Baltra held private hearings to determine whether the officer involved (Officer A): 

1. Used excessive force when he punched Ms Z to the head with a closed fist whilst her hands were handcuffed behind her back.

2. [blank]

3. Breached NSWPF policies and guidelines when he recorded the CCTV footage of the incident on his mobile phone and subsequently shared that footage with a Snapchat group, which comprised other police officers from Police Station X.

The Commission has found that the punch with a closed fist by Officer A to the side of Ms Z’s head was an unreasonable use of force and that Officer A engaged in serious  misconduct as defined in section 10 of the LECC Act. 

The Commission is satisfied that Officer A was in breach of the NSWPF policies and guidelines with respect to his filming of the CCTV footage and that the dissemination of it to other police officers via Snapchat was unauthorised.  Notwithstanding this finding, the Commission is satisfied that Officer A genuinely believed that he was not breaching any policies or guidelines by sharing the information with other police officers in his team. 

The Commission’s recommendation, outlined in its Operation Baltra report presented to Parliament today, is that consideration should be given to the taking of action against Officer A with a view to dismissing the officer pursuant to section 181D of the Police Act 1990. 

The Operation Baltra report and associated footage can be found on the Commission website. 

Background

The Law Enforcement Conduct Commission is an independent statutory body. The principal functions of the Commission are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission. 

The Commission is separate from and completely independent of the NSW Police Force and NSW Crime Commission. The Commission will treat all information confidentially and has powers to protect persons who provide information to it. 

* Codenames have been used in the report to protect the identities of the involved persons. 

The Northern Star, 21 September 2018, p.1:

The Law Enforcement Conduct Commission has found a police officer who inflicted multiple baton strikes on a naked 16-year-old boy in Byron Bay used excessive force and should be considered for prosecution.

The commission’s Operation Tambora arose out of events involving the arrest of the teenager by four police officers in Lateen Lane on January 11 this year.

On February 6, Channel 9’s A Current Affair aired mobile phone footage showing police apprehending the boy in the early hours of the morning. The footage showed at least one officer using a baton repeatedly to subdue him.

The teenager, referred to as “AO” in the commission’s report, had been holidaying with his family in Byron Bay at the time of the incident.

The investigation was primarily concerned with the conduct of the police officers when attempting to take AO into custody. This involved consideration of whether the decisions by the police officers to use OC spray and a taser were justified in the circumstances. There was also a significant issue as to the need for the use of a baton on AO and, in particular, the number and force of baton strikes that were administered to AO, particularly those administered by “Officer E” at a time when AO appeared to be restrained.....