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Release of report on LECC Operation Carlow

The Law Enforcement Conduct Commission has found that a NSW Police Force (NSWPF) officer engaged in serious officer misconduct.

Media Statement

16.01.2019

PRESENTATION OF PUBLIC REPORT IN OPERATION CARLOW  

The Law Enforcement Conduct Commission has found that a NSW Police Force (NSWPF) officer engaged in serious officer misconduct.

The Commission held private hearings on 28 June 2018, 2 July 2018 and 20 August 2018 with the following scope and purpose:

To investigate whether Officer B* of the NSW Police Force or any serving or former police officer or any other person associated with him is or has been involved in serious misconduct:

  • arising from the purchase, possession, use or distribution of illegal drugs; or
  • arising from the arrest of Civilian 2 in the ACT on 28 April 2017 and his subsequent prosecution in the ACT Magistrates Court.

 

On 22 April 2017 Officer B was observed by two police officers from the ACT handing a small object to a man (Civilian 1) who was later identified as a person known to police for involvement in the use and distribution of illegal drugs with prior convictions.

On 28 April 2017 Officer A and Officer B engaged in a pursuit of a black utility vehicle in the ACT which resulted in a motorist (Civilian 2) being charged with drink driving to which he pleaded not guilty. On 23 February 2018 Officer A and Officer B attended the ACT Magistrates Court for the purpose of giving evidence on behalf of the prosecution. Officer B admitted to the Commission that he lied under oath and perjured himself after having discussed the matter with Officer A prior to giving evidence in the Magistrates Court. A phone conversation on 23 February 2018 between Officer B and Officer C revealed Officer B admitting to having lied in court and Officer C commending him for his actions. This conversation demonstrates Officer C engaging in conduct amounting to unsatisfactory performance by failing to admonish, reprimand or counsel Officer B for giving false evidence whilst under oath before a court or report the conduct to a senior officer.

Findings and Recommendations

The Commission found that Officer B engaged in serious misconduct and should be considered for dismissal from the NSWPF and prosecution for perjury.

The Commission found that Officer C engaged in conduct amounting to unsatisfactory performance and should be considered for managerial action.

The Commission found that Officer A did not engage in misconduct.

The Operation Carlow report can be found on the Commission website. The Commission will provide a brief of evidence to the ACT Director of Public Prosecutions for advice on criminal charges.

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.