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| NEWS > 24 April 2009 |
Other related articles:
Pattern of misconduct by New Orleans police
New Orleans police officers have often used deadly force without justification, repeatedly made unconstitutional arrests and engaged in racial profiling, the Justice Department said Thursday in a scathing report.
Mayor Mitch Landrieu called the report sobering but not surprising, given the highly publicized problems laid bare after Hurricane Katrina in 2005. The mayor had requested the review shortly after taking office in May 2010 and said many of the problems outlined in the report were exposed after Katrina but existed long before the storm devastated the low-lying city on the Miss... Read more
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 Article sourced from
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Sydney Morning Herald - Sydney
24 April 2009
This article appeared in the above title/site.
To view it in its entirity click this link.
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Ethics in Policing
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Police victim to be awarded $3
ALLAN FREDERICK HATHAWAY is a small-time criminal who has lied in court about his former heroin habit.
But a Supreme Court judge yesterday accepted his word over that of several police officers and recommended he be awarded more than $306,000 compensation because he was assaulted and maliciously prosecuted by police.
Justice Carolyn Simpson found the case was so serious it called for $200,000 in exemplary damages as a deterrence, to make police aware "the misuse and abuse of police power … will not be tolerated".
The case relates to an incident inside the bedroom of a home in Wagga Wagga in February 2003. The judge found police had assaulted Mr Hathaway with a baton, planted a knife in the room and failed to secure the scene - instead ordering it be cleaned - probably to frustrate any investigation into what happened.
Yesterday's decision echoes findings by the Police Integrity Commission, which was later criticised by the Inspector of the PIC for denying at least one of the officers procedural fairness.
The incident started when Mr Hathaway, then 39, was seen by police in an unregistered car without a valid licence. He ran off and was pursued through the streets of Wagga Wagga.
He was eventually found by Constable Christopher Jackson, hiding under a bed in a house. The officer claimed Mr Hathaway then overturned the bed, and resisted arrest.
But Mr Hathaway told the court the officer had threatened him: "Get out from under the bed or I'll lodge two bullets in your head." He said the constable then sprayed him with capsicum spray and hit him with a baton on the arms, cheek and legs. He was admitted to hospital with a fractured cheekbone, jawbone, arm and finger.
Justice Simpson found Constable Jackson used "excessive and unnecessary force" when striking Mr Hathaway in the head.
After Mr Hathaway had been taken from the house a cleaner found a knife in the bedroom. Even though none of the officers had seen him with a knife and his DNA or fingerprints were not found on it, he was charged with possessing a knife and stealing it from the house.
Justice Simpson found Senior Constable Timothy Briggs had maliciously charged him to support Constable Jackson's version of events and protect police involved. Senior Constable Briggs must have known the knife was put into the bedroom by one or more police, she found.
The PIC report into the case had named 10 police officers as "affected persons" and recommended charges against two of them. Charges were laid against Constable Jackson, but they were later dismissed. He was reinstated but is on sick leave.
The Inspector of the PIC found Senior Constable Briggs had been denied procedural fairness and the police had damaged his "integrity, reputation and promotion prospects". He remains employed by the police.
The Police Commissioner, Andrew Scipione, said yesterday he had not yet read yesterday's judgment and would take advice before deciding what to do. The Police Association also said it could not yet comment.
Mr Hathaway's solicitor, Tim Abbott, yesterday said he had been unable to contact his client to tell him about the decision.
"I'm sure he will be feeling extremely vindicated [when he finds out]," Mr Abbott said.
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