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| NEWS > 10 July 2009 |
Other related articles:
Police may strike over $100 cl
VICTORIA Police officers are a step closer to industrial action after a second hearing at the Industrial Relations Commission failed to resolve a compensation claim for extra work during the Commonwealth Games.
The Police Association has requested an allowance of $100 and four days' time off in lieu for all 10,500 members who will work during the Games.
But the dispute is headed for a third session at the commission on Friday, after little ground was made yesterday.
Association secretary Paul Mullett called on Police Minister Tim Holding to resolve the situation befo... Read more
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 Article sourced from
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ChronicleLive - Newcastle upon
10 July 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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UK: Murder plot trial collapse
A TRIAL into a murder plot collapsed after a judge ruled detectives were guilty of serious misconduct when they raided a solicitor’s home.
The actions of the police officers were branded a serious and deliberate breach after conversations between the accused and their lawyer were recorded.
Lawyer Paul Donoghue was representing five people arrested after Joe Clarke was gunned down in a County Durham street.
The solicitor was charged with perverting justice for allegedly telling one of the suspects to get rid of mobile phones.
But Newcastle Crown Court heard a recording system police used to monitor interviews during the inquiry – and which triggered Mr Donoghue’s arrest – breached Home Office guidelines.
And when detectives were sent to raid the solicitor’s home in Shotley Bridge, near Consett, they "deliberately" read through legal case files in breach of lawyer-client privilege the court heard.
Now Deputy High Court Judge Sir Geoffrey Grigson has stayed the prosecution on the grounds of abuse of process. His ruling may trigger an investigation into some officers involved in the inquiry.
"This was, I find, a deliberate breach of legal professional privilege," Sir Geoffrey said. "The conduct seriously undermined the rule of law.
"I have considered both the seriousness of the alleged offence and the seriousness of the misconduct by the officers.
"I am unable to accept the submission the misconduct here fall into some lesser category of seriousness which would allow the court to sanction the continuation of the trial."
Paul Railton, 23, of Leeholme Court, Annfield Plain; his uncle Gary Railton, 42, of Windermere Terrace, Stanley; Simon Cairns, 20, of South View Gardens, Annfield Plain; Neil Spoor, 39, of Earnest Terrace, Stanley; and Abbie Whitehead, 23, of Pemberton Avenue, Consett, were all cleared.
They had denied charges including conspiracy to murder or cause grievous bodily harm, attempted murder, and perverting justice.
Mr Donoghue, 36, had earlier been cleared after prosecutors offered no evidence against him. He was accused of urging Paul Railton to dispose of mobile phones after the shooting.
Victim Mr Clarke, 30, was shot in the back with a sawn-off shotgun near his home in Fairways, Consett, in December 2007, but survived the "hit".
Some officers showed a "casual and cavalier" attitude towards Home Office rules governing the monitoring of interviews, Sir Geoffrey found.
But worse was to follow on July 1 last year when detectives staged an early morning raid on Mr Donoghue’s home, the court heard.
The house was full of clearly-marked legal files which should have been protected under legal professional privilege.
But officers looked through them – including files on four of the defendants in the shooting case.
"In my judgement those actions were a quite deliberate breach of legal professional privilege," Sir Geoffrey said in his 90- minute ruling.
A spokesman for Durham Police said the force would need time to examine the outcome.
"There has been a long and complex hearing into this matter," the spokesman said. "The judge has made his decision and we will be studying his full judgement before making any comment."
Prosecutors alleged the shooting followed the break up of a relationship between Mr Clarke and Ms Whitehead.
They claimed Paul Railton and Simon Cairns were part of a team put together by Gary Railton and Ms Whitehead to kill or seriously injure Mr Clark, Sir Geoffrey said.
Mr Spoor was alleged to have tried to have the getaway car destroyed.
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