JULY 2010 - Queensland Police Union

Transcription

JULY 2010 - Queensland Police Union
JULY 2010
OFFICIAL PUBLICATION OF THE QUEENSLAND POLICE UNION
DEADLY SCRIPT
PROJECT
PRESCRIPTION DRUG ABUSE AND ADDICTION
A POISONOUS TALE
BIKEWAY RAPIST
MURGON MARKS CENTENARY
Contents
also in this issue...
Contents
Page
General President’s Message
2
General Secretary’s Message
3
Assistant General Secretary’s Message
4
Metro South Region
5
South East Region
6
Metro North Region
7
8
Southern Region
Central Region
10
Headquarters, Support Region & SCOC
11
Eb6 - Update
17
Matt Butcher Race Day
18
Call for Nominations – John Harber Phillips Award
21
Bikeway Rapist
22
Women’s Royal Australian Army Corps
27
QPUE Scholarship
35
It’s Official - Detective Sergeant Dave Perry
36
Children so desperate for an instant high, they suck the slow
release coating off prescriptions drugs. Communities
protesting outside medical clinics to shame doctors from
overprescribing drugs to their children.
Poisonous Tale Takes Deadly Turn
39
Constable Doyle: The Mt. Moffatt Memorial Unveiling
42
Murgon Police Celebrate a Century of Law Enforcement
44
Beyond Reasonable Doubt
46
It must be distinctly understood that any expressions of opinion
by correspondents in our columns must not be considered the
opinion of the Editor, and no responsibility arising from there can
be accepted.
Letters To The Editor
48
QRPA
52
cover story
Page 28
Deadly Script: Project RX
Prescription Drug Abuse and Addiction
The Editor of the Police Journal reserves the right to grant
permission to reproduce articles from this magazine. Such
permission is hereby granted to any Police Association or Police
Union in Australia and to the Police Association of New Zealand.
Permission is also granted to any Police Association, Police Union
or organisation representing police employees in any other
country.
Acknowledgement of the source must be contained in any
reprint. Where an article indicates that copyrighting is claimed
by the author, then permission to reproduce is withdrawn unless
permission from the author is granted.
Executive Secretary
Finance
General President
General Secretary
Asst General Secretary
EXECUTIVE MEMBERS
General Vice President
and Northern Region
Far Northern Region
Central Region
North Coast Region South Eastern Region
Southern Region
Metro North Region
Metro South Region
HQ & COC Region
Ian LEAVERS
Mick BARNES
Denis SYCZ
Mick Gerrard
Denis FITZPATRICK
Bill FELDMAN
Des HANSSON
Bob SMITHSON
Darren Lees
Shayne Maxwell
Tony COLLINS
Paul MULLEN
UNION STAFF
Industrial
Geoff SIMPSON
Stephen MAHONEY
Chris STEPHENS
Industrial Support
Rosemary FEATHERSTONE
Advertising (07) 3259 1989
Letters and articles for inclusion in the Queensland Police Union
Journal should be addressed to:
The Editor
Queensland Police Union Journal
PO Box 13008 George Street Brisbane QLD 4003
TEL: (07) 3259 1900
EMAIL: [email protected] WEBSITE: www.qpu.asn.au
Deadline: Editorial Copy - typed or on disk to be submitted by the
12th day of the month prior to publication.
Janice GADEN
Allan SUTTON
Legal
Calvin GNECH
SolicitorWendy
MACDONALD
Legal
Donna BLACK
Barrister (Retained)
Troy SCHMIDT
Editorial Coordinator and Ross MUSGROVE
Media/Government Relations
Journal Editor
Paula Doneman
IT Admin
James JOHNSTON
Membership
Kaye ELLIS
Carly Beutel
Reception
Melissa LindNer
COMMITTEES
Executive Committees and Committee Members
Legal
D. Fitzpatrick (Chair)
M. Gerard
B. Feldman
T. Collins
WPH&S
Rules
FAX: (07) 3259 1950
T. Collins
B. Smithson
D. Fitzpatrick
S. Maxwell
B. Smithson (Chair)
T. Collins
P. Mullen
D.Lees
Conference
Training
S. Maxwell
B. Smithson
M. Gerard
P. Mullen
D. Fitzpatrick
B. Feldman
D. Hanson
T. Collins
D. Fitzpatrick
M. Gerard
D. Hanson
T. Collins
Membership Services
B. Feldman
D. Fitzpatrick
Finance
(Treasurer)
D. Hansson
Communications
D. Fitzpatrick
(Assistant Treasurer)
S. Maxwell
(Assistant Treasurer)
General President, General Secretary and
Assistant General Secretary are ex-officio
members of all committees.
Queensland Police Union
PO Box 13008 George Street Brisbane Qld 4003
Phone 07 3259 1900 Fax 07 3259 1950
Queensland Police Union Journal July 2010
1
General President’s Message
IAN LEAVERS
In the past month we have seen rapidly evolving
developments in regard to the Palm Island report and all
of the fallout.
EB NEGOTIATIONS
Keep up to date through the union
website www.qpu.asn.au.
I feel certain that whatever I write now will have been
overtaken by events by the time you are reading this.
What angers me is that some people Surely it’s not just the Queensland
have tried to portray Queensland
Police Service that has to be open
police as having a culture of
and accountable?
covering up for one another.
Imagine if the police service was
This is absolute rubbish!
to stand down two Assistant
Commissioners without advising
There has never been a time in
the media. There would be claims of
our history when more police are
a massive cover-up.
“ I’ve had a gutful of armchair
experts trying to portray mistakes
as corruption ”
reporting each other for all manner
of things.
Occasionally, people make mistakes
and police are people.
For what it’s worth, I reckon the
CMC has tried to cover-up these
embarrassing stand downs.
Perhaps the CMC should stop
throwing stones in a glass house.
Therefore we will make mistakes as MOVING ON
well. Police should not be persecuted Our long standing Media and
for making genuine mistakes.
Government Relations Officer, Ross
Musgrove, is off to greener pastures.
I’ve had a gutful of armchair experts
I know all General Presidents
trying to portray mistakes as
have enjoyed having Ross provide
corruption.
expert advice regarding media and
government issues.
There is a big difference.
Isn’t it amazing that when the police
service stands someone down, no
matter how junior, there is a press
release prepared to advise the public,
yet when the Crime and Misconduct
Commission stands down two of its
directors they don’t advise anyone?
2
Ross was also the architect of the
very successful “Mad World” ad and
other campaigns over the past nine
years.
I wish him and his wife Lynne well in
the future.
Queensland Police Union Journal July 2010
Stay Safe
Ian Leavers
General President
0419 786 381
General Secretary’s Message
MICK BARNES
CHEERS, GEOFF
FRIDAY 9th July, 2010, was the last day for our Senior Industrial
Officer, Geoff Simpson, at the QPUE. Since 1992, Geoff has assisted
the police men and women of Queensland, ensuring their wellbeing
and lifestyle was second to none. Geoff believed it was important
to advise members honestly on their circumstances, and not just
tell someone what they would prefer to hear.
Geoff’s honesty and integrity was
acknowledged by colleagues and
members of the Queensland Industrial
Relations Commission at his recent
send-off at the QPUE office.
Guests heard of the high regard
in which Geoff is held within the
industrial arena by both employer and
KOKODA
I recently returned from Kokoda,
having conquered the track with
Gympie officer Michael Brown and his
son Cameron. Many thanks to those
members and staff from the QPUE who
assisted us in reaching our fundraising
target of $50,000 for Camp Quality.
QSUPER MILESTONES
While the State Superannuation
Scheme has been around for almost
a century, QSuper celebrated its 20th
birthday in June.
The QSuper Balanced Fund was ranked
number one super fund in Australia by
Qantas’ The Australian Way magazine
(Chant West Financial Services
Multi-manager Monthly). Whilst it
may have been disappointing when
the knowledge of him being there, if
and when needed, provided warm
comfort in a profession where officers
experience more than their fair share of
the Queensland government closed
the dark side of life.
the Defined Benefit Fund to any
new members, any members in an
Most will remember Gordon for
accumulation account should be
his laughter with the troops on his
pleased. I recommend any member
countless walk-throughs of stations.
with an interest in their financial future
to contact QInvest on 1800-643-893.
“ Always a good source for a cup of tea and
a chat, Gordon will be greatly missed ”
employee groups. In my 15 years with
the QPUE at an executive level, Geoff
has assisted all officials professionally
to the benefit of the membership.
Congratulations, Geoff, on reaching
this milestone in life. Thank you for
your friendship and guidance in my
time with the union.
Gordon may never realise the
appreciation of his warm and
compassionate empathy for our
officers in his form of psychological
first-aid. Thank you, Gordon, and
best wishes to you and Janette in
retirement.
Stay Safe
Mick Barnes
General Secretary
0411 453 335
[email protected]
CHAPLAINCY LOSS
History has shown that at this time of
year we say goodbye to many good
people. Our very good friend Gordon
Petersen has been a Police Chaplain
for many years, and has provided
countless numbers of officers and
members of the extended police family
with support. Always a good source for
a cup of tea and a chat, Gordon will be
greatly missed.
Even for those who never needed to
talk through issues with Gordon, just
Queensland Police Union Journal July 2010
3
Assistant General Secretary’s Message
the service’s action being unlawful.
After making inquiries, the Minister
responded that the service had
informed him their legal opinion was
that the QPS’s conduct relating to the
discipline issue was lawful.
DENIS SYCZ
ANOTHER EXAMPLE OF THE QPS’S LEFT HAND NOT KNOWING
WHAT ITS RIGHT HAND IS DOING
Over the past year, the QPUE Legal Team has taken issue with the
lawfulness of the ability of the Police Commissioner to delegate
powers to discipline officers at a rank not consistent with the
Police Service (Discipline) Regulations 1990.
The QPUE has now learned that the
QPS is obtaining a legal opinion on the
issue that is likely to be consistent with
the position taken by the union’s Legal
Team.
This situation begs the following
questions:
• What happened to the first legal
opinion the Minister was informed of?
Our final discussion with the QPS
regarding this matter ended with Ethical • Did an initial legal opinion actually
Standards Command Policy Section
exist?
stating, ‘We are not backing down. If
• Was the Minister misled by the QPS?
you have issue with it take it to the
Supreme Court’.
• Who is being held responsible for the
$9000 of QPS funds that paid the court
Which is exactly what we did - the
However, the Commissioner, at his
costs for the union’s Judicial Review?
QPUE lodged a Judicial Review in the
whim, has been delegating the power
to dismiss to Assistant Commissioners, Brisbane Supreme Court challenging
I am sure if one of our members
In short, as most would know, the
Discipline Regulations specifically
states that only the Commissioner and
Deputy Commissioners can dismiss an
officer, and Assistant Commissioners
and above can demote.
“ Their response is just another
example of the QPS thinking they
can do whatever they want ”
and the power to demote to Chief
Superintendents. This is contrary to the
Discipline Regulations and this action is
unlawful.
Over the last 12 months, we have
attempted to negotiate this point with
the QPS’s Ethical Standards Policy
Section.
the Commissioner’s decision to
delegate the power to dismiss to an
Assistant Commissioner. A hearing
was set down for 17 June 2010. The
QPUE Solicitors’ Office lodged their
submission as applicant. The QPS did
not file a submission by the court’s
deadline.
Despite their hardline stance on the
Some of their responses, which have
issue, the QPS then withdrew the
been outright ridiculous, include the
disciplinary proceedings that were the
following statement:
subject of our Judicial Review. This
therefore meant we no longer had a
‘The Commissioner has the power to
decision to review in the Supreme Court
override subordinate legislation such as
the Discipline Regulation via his power and had to withdraw our challenge. The
QPS then consented to a significant
to delegate under the Police Service
amount of legal costs (more than
Administration Act’.
$9000) being awarded to the union.
If this was the case, there would be no
need for a regulation. Their response
is just another example of the QPS
thinking they can do whatever they
want.
4
Interestingly, during the course of our
negotiations over the past year, the
QPUE wrote to the Police Commissioner
and Police Minister Neil Roberts about
Queensland Police Union Journal July 2010
conducted themselves in this manner
and caused $9000 in costs to be
awarded against the QPS he/she would
be facing disciplinary action! Can I
whisper, no, actually yell the words
“DOUBLE STANDARDS”.
This debacle is yet another example of
the QPS’s left hand not knowing what
the right hand is doing.
The only time common sense started
to prevail was upon the QPS Solicitors’
Office becoming involved.
In the event the QPS again pursues
this course of action of delegating
disciplinary powers that are
inconsistent with the Regulations,
the QPUE Legal Team will pursue the
service in the Supreme Court.
Denis SYCZ
Assistant General Secretary
Metro South Region
separations get out of control again?
I hope next time I write I will have
some glass half-full sort of news for
you, but I doubt it.
TONY COLLINS
Remember, if you have any
problems, I am a phone call
away.
EB6
Well, at the time of writing this, it is ten days to the deadline when
our current EB expires. To date, as far as the union is concerned,
there have been no meaningful negotiations with the Bligh
government. The paltry 2.5% being offered is a slap in the face to
every serving police officer in Queensland and it shows what the
Bligh government really thinks of us.
It is even more offensive considering
that inflation is currently running at
2.9%.
Now, I once had someone say to me
that you must be careful comparing
pay rises to inflation.
Well, check the price increase of fresh
vegetables over the past year. The
Tony COLLINS
Union Representative
Metropolitan South Region
0414 804 472
I hear the same old recording from the
Bligh Government that Queensland is
broke and maybe it is.
But it was not my poor financial
management, nor was it the poor
financial management of my other
10,400 colleagues, that put this state in
the financial debacle it is in now.
“ Has no one but my grandmother
heard of putting a little something
away for a rainy day? ”
eight cent a litre fuel subsidy is a thing
of the past.
The privatisation of electricity has
led to, as promised by the Bligh
government, more competitive and
much cheaper electricity prices.
Not. Last count I think there was an
expected 15% increase in electricity
prices.
Interest rates have had five increases
at my last count.
Nothing which is not a basic necessity
is cheaper, or will be cheaper, than it
was the year before.
The items I just mentioned are needs,
not wants, and therefore everyone
is shelling out extra for basic
necessities, let alone any luxuries left
over from the pay cheque.
Considering just prior to the GFC, this
state was pulling in record royalties
from the booming mining sector.
Has no one but my grandmother heard
of putting a little something away for a
rainy day?
The union is seeking a fair pay rise
for you, but at this late stage, unless
a miracle occurs, we are heading to
arbitration.
This process may, according to all
the information I have, be a very long
process.
The interesting part of this is that I
have been watching the separations
list in the gazette lately, and that got
me wondering.
If the private sector picks up before our
EB is settled, then how quickly will the
Queensland Police Union Journal July 2010
5
South East Region
RESIDENTIAL POLICE BEATS
Problems still exist with our members
posted at the various Residential
Police Beats within the South Eastern
Region. The latest issue centres on the
interpretation of “on-call” provisions.
Bob SMITHSON
COOLANGATTA IN THE SPOTLIGHT
The south coast border suburb of Coolangatta has been receiving a
considerable amount of bad publicity in recent times. The problems
have been around for many years and usually stem from gangs of
young hoodlums roaming the streets late at night causing trouble.
The newspapers have started referring PART-TIME ISSUES
to the place as “COOLANGHETTO”.
Since my column last month I have
received several complaints from
We have seen a lot of buck-passing
part-time members regarding the
between New South Wales and
manner in which their new contracts
Queensland as to where the problem
were drawn up. It appears that many of
lies, with both sides obviously blaming these members were ambushed in the
the other.
workplace and virtually forced to sign
the contracts on the spot. Most were
The reality is that there are not
told that they had to work nightshifts
enough police on the streets, in either and afternoons to be equitable with
Coolangatta or Tweed Heads.
others on the roster who received
The officers attached to the beats are
paid an allowance of 18%. This is in
lieu of overtime, an on-call allowance
and shift penalties. Where this new
discrepancy arises is that the officers
are being required to carry and answer
the beat telephone from 8.00 a.m. to
10.00 p.m. seven days a week.
It is the argument of the QPUE that this
puts our members “on call” in reality,
but they are not being paid the on-call
allowance.
The union holds the view that the
requirements of the QPS are not
in accordance with the EBA. The
position of the management is that the
members are required to be available
to answer the beat phone over the
14-hour period.
“ It might be a bit harsh for me to say they
were lied to, but I just can’t think of
anything else at the moment ”
I was interested to see on the local
television news, our union counterpart
from Tweed Heads commenting about
the shortage of police numbers on the
other side of the border. He made the
the OSA. There were also a few other
point that numbers in Tweed Heads
interesting pieces of information
had not increased significantly in
relayed to them. It might be a bit harsh
recent decades. Sound familiar?
for me to say they were lied to, but I
just can’t think of anything else at the
It is quite amazing what statistics
moment.
can reveal. The local management
is quoted in the Courier-Mail, saying
that six to eight police on the beat in
Coolangatta on Friday and Saturday
nights has “reduced street crime by
20 per cent in the past 12 months”.
Maybe that is because a couple of
people have been murdered on the
Coolangatta streets, so those types
of violent crimes are not counted as
street offences in the statistics.
Somehow I don’t know that the shop
keepers will believe the figures put
out by the Queensland Police Service.
I know the meagre number of police
working on the Coolangatta streets
that continue to get assaulted would
question it.
6
The matter remains in dispute and
looks like heading to the Industrial
Relations Branch for adjudication.
This issue with the Residential
Police Beats, and also the part-time
anomalies, can hopefully be sorted out
It is probably too late for some now,
by amending the new EBA with some
but can I urge our members to speak
concise wording so that everyone
with their union officials before signing knows exactly where they stand.
any of these agreements. They are
contracts.
I have heard of situations where the
members have been asked to sign
the last page of the contract and the
manager would “fix up” the finer
details later. Would this behaviour pass
the S.E.L.F. test? I don’t think so.
Once again, get some advice on these
matters. Do not be stood over.
Remember the union’s motto: “Unity is
strength”.
Queensland Police Union Journal July 2010
Bob SMITHSON
Regional Representative
South East Region
Metro North Region
In recent times while visiting stations
within the Metropolitan North Region,
I have found an increasing number
of police who are finding it hard to
support their family and are seeking
assistance in applying for permission
to work a second job.
Shayne Maxwell
EB6
ON the 11th June 2010, the QPUE once again met with the QPS’s
representatives to discuss part- time disputes and Residential
Beats. The QPUE tabled submissions in relation to allowances
and/or progressional arrangements for the following groups:
General Duties, Scenes of Crime, Detectives, Water Police,
PSRT, EORT, Forensic Crash Unit and the Forensic Computer
Examination unit.
Despite the QPUE tabling the federal
government’s forecast that wages for
the average Australian worker over
the next year will rise at a minimum
of 4%, the QPS has stated that the
Queensland government are adamant
that they will not budge from a 2.5 %
pay rise.
Premier, your personal popularity has
sunk to a dramatic low. I hope soon,
very soon, that you hear the knocking
Queensland will get an extra 203 police at your door from the Labor factions.
and an increase in speed cameras to
help raise the revenue to deliver their
Our members are seething over the
promise.
offer made by the state government
and the public’s dissatisfaction with
But how many of these new recruits
Bligh’s performance has hit a high
will fill the vacancies resulting from
69%. We, the QPUE and our members,
police resigning or going out medically should be doing everything to
dethrone Anna and her cronies, Deputy
Premier Paul Lucas and Mr Fraser.
“ Premier Anna Bligh and Treasurer Andrew
Fraser, 2.5% does not add up to a fair pay
rise for police who are sworn to protect
Queenslanders ”
The cost of living in Queensland
is skyrocketing and inflation is at
unfit? One just has to look at the
gazette each Friday.
more than 3% – there are hikes in car
registration and electricity (which
was privatised under the Labor
government), increased charges
across the board for businesses and
the Brisbane City Council are boosting
rates by 5.04%.
And let’s not forget that taxpayers will
Premier, do you want police tired on
the job because they are rushing to
complete tasks required of them to get
to their second job? Do you have any
idea how this may impact on the QPS’s
ability to provide for the Queensland
public?
Premier Anna Bligh and Treasurer
Andrew Fraser, 2.5% does not add up
to a fair pay rise for police who are
sworn to protect Queenslanders.
Premier, if you do not know, many of
our members already are not paid for
their contribution.
There is no light at the end of the
tunnel with these three running
Queensland. Look at the debacle the
government has had with the nurses’
pay fiasco. The QPUE members are
heading the same way; we too will end
up in arbitration.
Until Bligh and her cronies go, police
will not get a fair hearing. The police
are not the only ones who are going to
feel the pain - the Queensland public
will suffer from an overtired police
service with low morale.
also be footing the bill for the waste of
They constantly work in their own time Who then is going to protect
to complete tasks that are required
Queensland?
government spent on 15 schools
of them under legislation - custody
which will be mothballed by the State
indexes, court briefs etc - so offenders
government over the next few months. can go before the judicial system.
money, namely $4.5million, the Federal
Last month the Queensland
government delivered its state
budget, and guess what? The average
Queenslander, that’s you and me, are
expected to get an average of 45 cents
extra a week.
While attending to these tasks, our
members also have to work with
inadequate systems such as QPrime
and Police Link which have officers
sitting on the phone for up to two
hours.
“Unity is Strength”
Shayne Maxwell
Regional Representative
Metro North Region
Queensland Police Union Journal July 2010
7
Southern Region
seem to have taken the time to think
about the consequences of taking PAC
operators away to train them. I have
heard comments from those involved
in the development of QPRIME and as
trainers, that they cannot understand
why certain things were not looked at
when the system was in its very early
Darren Lees
infancy.
POLICE LINK v POLICE WORK
Troops, it is the case that with the introduction of QPRIME we
were promised short-term pain for long-term gain. I am not
convinced this is the case. Though I will concede that even
though I was a pessimist at first, I have learned to live with the
system after increased exposure to it.
I call upon the hierarchy of the QPS
that have been part of this decisionmaking process (Police Link) to review
it immediately with a view to returning
a large portion of the PAC operators
to their positions so that operational
there was such a backlog, I was
advised that all PAC operators were
on the use of some aspects of the
being trained in the new Police Link
system.
system, and the QPS were removing
This leads me to the basis of my article up to 50 PAC operators at a time to
attend that training.
for this month. You will see from the
police are not stuck listening to lift
topic heading above, it appears with
EB6
On the 15th of June 2010, we invited
Branch Officials from all over the state
to Brisbane for a briefing on EB6.
However, I still have my own opinions
the introduction of Police Link the QPS This quite obviously left PAC severely
under resourced, and the operational
has failed in the intricate details to
police on the other end of the phone
avoid operational mayhem with the
introduction of this system.
Last week, my partner and I had the
privilege of dealing with one of our
local female juvenile cherubs. She was stranded and frustrated. This incident
arrested and charged with a number of was not isolated as I am aware of other
offences.
problems across the state in recent
weeks.
One of those offences required us to
a call to PAC, as she was in custody
at the watchhouse. We called the
normal PAC toll free number but what
happened next blew me away, to say
Now before those who were organising
the training get all upset and want my
blood, can I say that I understand at
some stage such training may well be
required.
the least.
However, as an operational police
officer, I also understand that if you
approximately two and a half hours,
take a significant number of PAC
listening to elevator music. While he
operators away from their normal
remained on hold, I called PAC to try
positions to train them in another
and establish what was occurring (I
system, then this will leave the
might add it was early in the week, not centre with a significant shortfall to
a busy Friday or Saturday night).
overcome.
My partner sat on the phone for
I was advised that there were 76 calls
The point I am trying to make is, let’s
get some sort of forward planning
staff member apologised profusely for involved in some of these decisions.
Like QPRIME, people need training
something that was quite obviously
but the hierarchy of the QPS do not
not her fault. When I inquired why
ahead of us in the queue, and the PAC
8
We can then go back to doing what we
are there to do - preserving life and
protecting property.
“ We can then go back to doing what
we are there to do - preserve life
and protect property ”
I can speak from firsthand experience.
solve the QPRIME occurrence through
music for extended periods of time.
Queensland Police Union Journal July 2010
They were presented with up-to-date
information as to the current situation
with our Enterprise Bargaining
Agreement negotiations with the QPS
and Queensland government.
Unfortunately for the branch officials
and you, the members, none of the
news we gave them was particularly
good.
The government have seen fit to
continue to treat you all like
second-class citizens, refusing to
budge from their stated position of a
pay increase of 2.5%. They have no
intention of considering one other
aspect of a significant log of claims
developed by our bargaining team and
based on the careful consideration
of information members supplied
about what they wanted from the
EB process. Quite frankly, for those
of you who know me well, you will
know this pains me to say this. But the
Southern Region
sooner Anna Bligh is punted from
the field of politics, the sooner you as
dedicated hard working police may
get somewhere to attaining what I and
the rest of the QPUE Executive believe
you truly deserve.
This Premier and her government
does not care about police or they
would start to bargain in good faith,
and move away from their stubborn
schoolyard tactics of the “My lunch
box is bigger than yours” mentality.
Members, I hope at some stage I
can write an article that is the exact
opposite of this, and in fact praise
a government who seemed to have
made a mistake at first and were too
stubborn to see the damage they were
causing. However, I do not hold a lot
of hope any of you will see me write
such an article.
I am only too willing to assist. Also, for
those of you who are not registered
on the QPUE website, please take
the time to register as there are very
informative and timely updates. The
reality is we are in for one hell of a
fight.
Ipswich in my training year. Many of
the old stagers are still in the district
which is great to see. There were a
number of issues raised throughout
the district during the tour, and I will
be endeavouring to organise a meeting
with Superintendent Pitman to work
through some of those issues. I will
get back to all members in the Ipswich
District with feedback as to how we go.
IPSWICH District TOUR
In the third week of June, I had the
privilege of completing a station by
That’s it for me this month.
station visit of the Ipswich District in
the company of our Assistant General
Secretary Denis Sycz and Ipswich
Branch President Steve Simons. Whilst
Ipswich District does not have some
Stay safe and well, and keep
of the geographical issues of other
up the good fight.
districts in our region, I can attest to
the fact they have some very unique
policing issues, and it is a very busy
district to say the least. I would like to
thank all the sworn and un-sworn staff Southern Region Executive
Representative
in the district for their unbelievable
0417 776 184
hospitality.
Darren LEES (Beefa)
Please take the time to attend regular
branch meetings and speak to your
local Branch Officials for any EB6
It was also great to catch up with a lot
updates. By all means contact me at
of people I have not seen for almost
any stage if you need any information; 20 years, when I was first posted to
Queensland Police Union Journal July 2010
9
Central Region
woe, all Geoff could say was, ‘He said
what?’. The sergeant replied “Good
luck”.
BILL FELDMAN
GEOFF SIMPSON – ALWAYS THE FRIEND OF THE LITTLE GUY
A tinge of sadness came over the QPUE office this week as we said
goodbye to one of life’s real gentlemen: our industrial relations
guru and valued QPUE Life Member Geoffrey Simpson. I believe he
is a man who will not be a ghost once he has left the building.
The thing that really stood out to me in
my dealings with Geoff over the years
was that he always had time to listen
and was willing to step into the breach
and take on the service when he felt
bastardry was afoot. I would like to
think that little expressive word was
mine, but I first heard it from Geoff’s
lips and it had always stuck with me.
I think I may have just expressed it a
little better in print.
gone the very next fortnight after he
stopped working the shifts. But when
he returned to his duties as a shift
supervisor, he was paid as if he was on
an 8am to 4pm shift, and stripped of
his penalties for weeks.
Of course, the sergeant got the same
old excuses from the salary section
at that time: They hadn’t received
the paperwork about the return to
shift work, and they did not have
“ Just like the Hulk, I don’t think
you would like Simpson when
he was angry ”
Geoff was always willing to stick up for
the little guy who had been indelibly
wronged by the bastardry of the QPS
as an organisation, and it would be
remiss of me not to tell a little Simpson
story to go along with it.
Let’s go back a few years to just after
Geoff started with the QPUE, and
he had the misfortune to pick up the
phone when a cranky new sergeant
from an outer city station – Deception
Bay – called the union.
You see, this poor struggling sergeant
had done the right thing by the QPS.
He gave up his penalty rates as a
shift supervisor, worked 8am to
4pm Monday to Friday as the Crime
Manager and then Tactician for some
two months. He hoped in vain the
bosses would see he was a gifted
operator and talented. Of course, the
QPS was quick to take the penalty
rates off the good sergeant; they were
10
the authority. The excuses were just
mounting.
Geoff only muttered a few words on
the phone that day to me: ‘Good luck’,
he said ‘Huh’. And then he hung up in
my ear. I now have only thoughts of
the action movie ‘Taken’ in my mind.
Geoff – just like Liam Neeson – playing
over and over in his mind the words
– ‘good luck’. I now can only imagine
the fear that took over that poor Salary
Section official or his supervisor, as an
irate Geoff gave him the rounds of the
office. Just as Liam Neeson’s character
did with “Marko of Triibogne”.
Maybe Geoff did not have his hands
on the electricity switch with a couple
of electrodes wedged firmly in some
upstart’s netherregions. But all I know
is that a courier service arrived that
afternoon at Deception Bay, before I
finished work, with a freshly issued
personal cheque to me from the QPS
with every bit of my penalties and
back pay. The boys at the Bay could
not believe it. Just like the Hulk, I don’t
think you would like Simpson when he
was angry.
I still do not know what he said, how
he said it, or to whom he said it, but
I know it worked. I did get my two
children to send him an Easter card
that year. I don’t know whether he still
has it or not.
It was Easter Thursday morning when
the sergeant rang the union after being
fobbed off again by the salary section, To my son Luke and my daughter
when his pay arrived with no penalties. Dannielle, Geoff will always be the
Easter Bunny.
The sergeant tried in vain to get the
home number of a senior staffer from
the section on Easter Sunday. The
sergeant wanted the official to listen
to his children crying when they woke
without any Easter eggs because their
father could not afford it.
The sergeant eventually told the salary
section official he was bringing in
Geoff Simpson from the union to help.
The official laughed and said ‘Good
luck’ before hanging up.
When this tearful young sergeant rang
and spoke with Industrial Relations
Officer Geoff, and told his sad tale of
Queensland Police Union Journal July 2010
Geoff, good luck and best wishes from
the Feldman family. We can only pray
good things for you and your family.
We pray upon you the Priestly blessing
in Numbers 6:24. You will always hold
a place of esteem in the lives you have
touched.
Work smart, work safe –
make it home.
Bill FELDMAN
Regional Representative
Central Region
Headquarters, Support Region & SCOC
government has stated that they
expect wages to increase by 4% over
the next 12 months and that’s with
the CPI currently running at 3%. Why
then does this state government flatly
refuse to discuss any wage percentage
increase above 2.5%? What a joke!
PAUL Mullen
BULLYING
There has been an increase in awareness of bullying in the workplace
since the unfair dismissal and anti-discrimination provisions have
become part of the Workplace and Industrial Relations Act.
Most often superiors don’t easily, or are reluctant to, identify a bully
because bullies bully down, not up.
replacing the victim with a preferred
candidate. These practices are said to
quickly undermine one’s health, self
confidence and performance. Research
undertaken by the Griffith University
suggests that bullying costs the
Good leaders have the flexibility to be Australian Economy between $6-$13
able to take control but can move back billion a year.
to a team approach when the pressure
The average case of serious bullying
is off – but the bully continues to
is put at a cost of $20,000, determined
intimidate.
This also helps to explain why bullies
get up the corporate ladder in the
first place, for they are usually found
in management and supervisory
positions.
There are some concerns being
expressed by investigators regarding
the eligibility of criminal suspects
being targeted who are found to be
unlicensed or disqualified from driving
a motor vehicle.
It appears the confusion arises due to
the belief that the police have a duty of
care to prevent a target being involved
in an incident.
Paul Mullen
Headquarters,
Support Region & SCOC
“ Research undertaken by the Griffith
University suggests that bullying
costs the Australian Economy between
$6-$13 billion a year. ”
An Issues Paper on Workplace
Bullying, previously released by a
government task force, observed
bullying involved an abuse of
power where an employee/s are
systematically mistreated and
victimised.
by estimating the costs involved
in absenteeism, compensation,
management time and lost
productivity.
EB6
Current EB6 negotiations are not
going well for the membership. At
the supposed start of negotiations,
It identified that bullying encompasses
the government hadn’t provided the
a range of behaviour including the
authority to their negotiating team to
overt –such as rages, threats of
commence discussions with the QPUE.
dismissal, insults or humiliation – and
the covert, involving the imposition
After having five years notice of the
of unreasonable deadlines and
expiry of the current EB5 agreement,
meaningless tasks.
wouldn’t you think it would be
The chairperson of this government
workplace bullying task force suggests
bullies intimidate for varying reasons,
including: seeing victims as a threat, or
“difficult”; passing on their own stress;
or to achieve nepotistic aims, such as
foremost in their calendar, to at least
provide a date for negotiations to at
least start? So much for discussions
taking place in “good faith”.
As for offering 2.5%, this government
can’t even recognise the federal
Queensland Police Union Journal July 2010
11
CHANGE OF ADDRESS OR STATION
Please complete this form and return it to the Union Office.
REGISTERED NUMBER:
TITLE: Mr/Mrs/Ms/Miss:
FULL NAME:
HOME ADDRESS:
POSTCODE:
POSTAL ADDRESS:
POSTCODE:
PHONE NUMBERS: [H]
[W]
[MB]
[F]
WORK EMAIL:
HOME EMAIL:
RANK:
STATION:
STATION ADDRESS:
Queensland Police Union of Employees, PO Box 13008, George Street, Brisbane, Queensland 4003
Phone (07) 3259 1900 Fax (07) 3259 1950
QUEENSLAND POLICE LEGACY SCHEME
Suite 75, Level 11, Northpoint
231 North Quay, Brisbane, 4000
Telephone: (07) 3236 2276
Fax: (07) 3236 4219
Email: [email protected]
AUTHORITY TO DEDUCT
Manager
Payroll Services
Partner One – QPS Payroll
Level 6, GPO Box 1395
BRISBANE 4001
I hereby authorise and direct you to deduct from my fortnightly pay,
the sum of $
:
This authority replaces all previous authorities and shall remain valid until cancelled
by me in writing to the Queensland Police Legacy Scheme.
FULL NAME:
RANK:
REG NO.
REGION:
STATION:
SIGNATURE:
Please forward this authority directly to the following address:
The Secretary/Manager
Queensland Police Legacy Scheme
P O Box 13003
GEORGE STREET Qld 4003
YOU CAN HELP CRIME STOPPERS
SUPPORT A QUEENSLAND COMMUNITY VOLUNTEER ORGANISATION WHICH
HAS BEEN ASSISTING THE QUEENSLAND POLICE FOR OVER 20 YEARS.
Many vehicle owners pay their annual registration to Queensland Transport and do not consider their
options or insurer for the Compulsory Third Party (CTP) insurance coverage. Crime Stoppers Queensland has
partnered with QBE Insurance to provide additional funding in support of its volunteer work in making safer
Queensland communities.
For every customer, who meets the QBE CTP customer profile, that changes over their vehicle registration
to QBE CTP insurance cover through the approved form – a donation and commission payment may be
provided by QBE to Crime Stoppers Queensland, for the life of that vehicle CTP being insured by QBE.
In 2009 the Crime Stoppers program support for the
Police Service and the resultant Police investigative
work achieved the following incredible results:
t 41,798 calls received
Help Crime Stoppers to continue its effective
partnership with the Police Service in solving
and preventing crimes in Queensland – check
your vehicle registration and ...
t 9,969 intelligence submissions entered
9 Complete the form now
t 1,884 offenders arrested—4,595 charges
9 Submit free of charge by post, fax or scan
and email
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t 2 Murders Solved
Crime Stoppers Queensland provides and promotes the 1800 333 000
free call hotline and website at www.qld.crimestoppers.com.au through
which mediums, members of the Queensland public may provide
anonymous information about criminal activity.
Crime Stoppers Queensland Limited is funded by corporate partnerships,
sponsorships and community donations and fundraises to promote the
program and pay the cash rewards offered anonymously through the program.
10-0214
9 Zero or very little cost involved
9 Direct benefit for the Crime Stoppers
program
Terms and Conditions apply.
Crime Stoppers Queensland Limited
A Registered Queensland Charity and Community Volunteer Organisation
Celebrating 20 Years of helping the Queensland Police Service to solve
and prevent crimes and protect our Queensland lifestyle.
Choose QBE for your CTP Insurance
and support Crime Stoppers in
Queensland
Nominate QBE as your Compulsory Third Party (CTP) insurer and you and Crime Stoppers Queensland
will receive these great rewards:
3 $20 donation to Crime Stoppers Queensland*
3 Issue a free $1Million DriverProtect Cover*
Once we receive your form, we’ll register QBE as your nominated CTP insurer. Queensland Transport will
record this information and when your renewal is paid, we’ll send you your DriverProtect Certificate and pay
Crime Stoppers Queensland the donation.
The DriverProtect policy offers you up to $1million worth of cover absolutely free of charge. This covers an
at fault driver for death or a range of permanent serious injuries.
* Free DriverProtect only available for Class 1 and 6 vehicles for customers aged 30 or over. $20 donation for a 12 month
renewal. Not available with any other offer.
Compulsory Third Party
Insurance Nomination Notice
Simply complete this form to switch now or nominate QBE as your CTP insurer for your next rego renewal. For your
convenience, you may return it to QBE using any of the following methods:
1. Reply Paid (no postage required):
QBE Insurance (Australia) Limited
Reply Paid 1072,
Brisbane QLD 4001
2. Facsimile: (07) 3859 5677
3. Scan and email to: [email protected]
Crime Stoppers Queensland
With this form you are supporting
Please check one option:
For 12 months registration
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$20 Donation & DriverProtect Cover
DriverProtect Cover
Registered Operator’s Details
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Entitlement - ITCE^
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Registered Operator’s Signature
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CTP 0728
NB If you’ve already received your vehicle registration renewal, call QBE on 1800 112 472 and we will explain how to transfer your CTP to us.
A copy of QBE’s Privacy Policy is available from www.qbe.com.au or by calling us on 1800 112 472.
Terms and Conditions apply: DriverProtect Cover will only cover drivers 25 years and over and for vehicles classified as Class 1 (cars, 4WD’s and station wagons)
and Class 6 (utes, vans and trucks up to 4.5 tonne GVM) under Queensland Motor Accident Insurance Regulation 2004. For further information call us on 1800
112 472. A certificate of insurance for DriverProtect with terms and conditions will be sent to you if you qualify for cover. Insurance provided by QBE Insurance
(Australia) Limited ABN 78003191035.
^ Note: Only GST registered businesses may be able to claim an ITCE – if unsure please contact your tax adviser.
AO2197-0510
EB6 - Update
EB6
- Update
by Steve Mahoney
QPUE Industrial Officer: The QPUE has continued to meet
with the Queensland Police Service’s representatives
despite their inability to discuss ‘cost’ items.
• QPS Dive Unit
• PSRT
• EORT
• Forensic Crash Unit
• Forensic Computer Examination Unit
Please note that claims for other areas
are to be detailed at future meetings.
The QPS has maintained its position
that these are cost items and they are
not in a position to discuss them at all.
The union’s position is that
members spent a considerable
amount of time responding to the EB
questionnaire and writing
submissions and, on that basis, we
would table each submission and
outline our arguments for each claim.
The QPS did however indicate that
one of the several claims for
prosecutions – an ‘exit strategy’- was
potentially a non-cost item and it
would be referred back to the Human
Resources Section for examination by
Workforce Planning.
To ensure that all members have been
kept informed about the progress of
EB negotiations, the union has
provided regular updates to all
members who have registered on our
website, attended numerous branch
meetings and as a new initiative, we
organised a presentation for union
reps at the QPUE offices on June 15.
Reps were flown in from across the
state so that they could hear firsthand
what has been happening with the
negotiations.
A sub-committee has also been
meeting to discuss two ‘non-cost’
items, they being the establishment of
a QPS/QPUE committee to deal with
part-time disputes and clarification of
the Residential Beats clause.
So far, the union has tabled
submissions and/or made verbal
submissions in relation to allowances
and/or progressional arrangements
for the following groups:
• General Duties
• Prosecutions
• Scenes of Crime
• Detectives
• Coverts
• Water Police
Queensland Police Union Journal July 2010
17
Matt Butcher Race Day
Matt Butcher
Race Day
The article is courtesy of the WA Police Union Journal Photos were supplied by acting Inspector Craig McGrath and his wife Kerrie
Most people in WA would
know the name Matt Butcher.
If the horrific incident in which the
young police officer was head butted
while breaking up a brawl in
Joondalup isn’t etched in the memory
banks, you would most likely have
seen the media account of his
courageous road back to health after
suffering a serious brain injury which
left him paralysed down one side.
It’s been more than two years now
since the incident, and with the
support of his wife Katrina and his
close-knit family, 34-year-old
Constable Butcher is back at work, but
his life has been changed forever.
It was the compelling account of Matt
Butcher’s story on Channel Nine’s
Sixty Minutes that touched
18
Queensland Police Union Journal July 2010
Queensland’s Acting Inspector Craig
McGrath, and motivated him to do
something that would demonstrate
to Matt and Katrina they had
support from officers and their
families all over the country.
an all expenses paid week-long trip to
the Gold Coast.
“I watched Matt’s story on Sixty
Minutes and was appalled not only
at the assault, but also the result of
the subsequent court case in which
all three accused men were
acquitted,” said Insp Craig McGrath.
“It showed me that the brotherhood
that existed in WA’s police family
extended nationally,” said Matt.
“I wanted to give Matt and Katrina a
chance to have a holiday and forget
about their troubles for a while,” he
said.
Through sponsorship and
fundraisers, Insp McGrath organised
“The members and the community
were very supportive and it was very
popular,” said Insp McGrath.
“This amazing gesture really opened
our eyes to the fact that there are
so many thoughtful and wonderful
people out there.
“The entire trip was funded through
donations.
“The highlight was the opportunity
of the Gold Coast Police to show their
Matt Butcher Race Day
• Gold Coast acting Inspector Craig McGrath and his wife Kerrie (left) and Matt and Katrina Butcher at the races
support and appreciation to a fellow
law enforcement colleague,” he said.
he didn’t do it for any personal gain –
he simply just wanted to help us out,”
Matt said.
Matt says he’s been overwhelmed by
people’s support over the last two
years, but nothing could have
prepared him for this act of kindness
from the other side of the country.
The week-long holiday was packed
with visits to the most popular Gold
Coast tourist attractions like Seaworld,
Dreamworld and Australia Zoo.
“It showed me that the brotherhood
that existed in WA’s police family
extended nationally,” says Matt.
They also attended a special Race Day
at the Gold Coast Turf Club where
Matt and Katrina were VIP guests.
“This amazing gesture really opened
our eyes to the fact that there are so
many thoughtful and wonderful
people out there.
“Most of the people there were police
officers and their partners, and they all
came up and introduced themselves,”
said Matt.
“It was unbelievable that Craig
went out of his way to do this for us;
“I was accepted as one of their own
and they made me feel right at home.
“It really was a fantastic break – I have
made some wonderful friends and I
know Craig and his wife will be our
friends for life,” said Matt.
Insp McGrath said the Gold Coast
police race day raised more than
$5,000 for Matt.
Queensland Police Union Journal July 2010
19
If it happens, protect yourself and your family
by immediately contacting:
The QPU office Ph 3259 1900 (24 hours)
or your regional representative.
They will steer you in the right direction.
Call for Nominations – John Harber Phillips Award
Call for Nominations
- John Harber Phillips Award
Time is running out to nominate individuals who have demonstrated
outstanding achievement and excellence in the forensic sciences for
the prestigious John Harber Phillips Award.
The award, in its inaugural year,
recognises contribution and
innovation within the field of forensic
sciences.
Alastair Ross, Director of the
Australian and New Zealand Policing
Advisory Agency National Institute of
Forensic Science (ANZPAA NIFS), and
chair of the Judging Committee, said
the awards demonstrate the
organisation’s strong commitment to
the advancement of forensic sciences
in Australia and New Zealand.
“The establishment of the award
acknowledges the level of maturity of
the forensic sciences as a profession.
The award reflects the increasingly
important and highly complex role the
forensic sciences play in community
The judging panel includes the Hon.
Michael Kirby AC CMG, ACT Chief
Police Officer Roman Quaedvlieg, Dr
Ross Vining (forensic representative
ANZPAA NIFS forum), Dr Peter Osvath
(research representative ANZPAA
NIFS Forum), Sue Wilkinson (ANZPAA
Executive Director) and Alastair Ross
(ANZPAA NIFS Director and Chair
of the Committee). Entry is open to
individual Australian or New Zealand
citizens.
health and safety and law
enforcement,” said Mr Ross.
Fellow judging committee member
and Chair of the Senior Managers of
Australian and New Zealand Forensic
Laboratories (SMANZFL), Dr Ross
Vining, said that the recognition and
prestige that is associated with
receiving the John Harber Phillips
Award – the first of its kind in
Australia and New Zealand, speaks
for itself.
“The winner’s achievements are an
inspiration to those who are striving
to raise standards and innovation in
the profession. As a peer recognition
award, the nominee can be assured
they have received the highest
accolade from their colleagues in the
field of the forensic sciences,”
said Dr Vining.
C
M
Y
CM
MY
Nominations for this prestigious
award opened on 15 March 2010 and
close on 6 August 2010.
Further details can be found at:
www.anzpaa.org.au
CY CMY
K
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Queensland Police Union Journal July 2010
21
Bikeway Rapist
Bikeway
Rapist
by Calvin Gnech
Luke James Colless watched scores of potential victims as evil
sexual thoughts flooded his mind. He stalked one female jogger
who was unaware of his sick rape fantasies as she passed him
every day for weeks on Brisbane’s northside.
He committed his first rape on the
morning of April 28, 2006, on a jogging
path in Ashgrove, in Brisbane’s inner
north. It was only three weeks after the
birth of his third child. “Suddenly (I
thought) I’ve got to do it,” Colless said
of the menacing urge that made him
act out his fantasy.
And so began his 27-month spree of
11 rapes that ended with his capture in
July 2008.
“(I) drove around looking for a place to
attack someone,” Colless told
psychiatrist Dr Josephine Sundin after
his arrest.
• Luke James Colless
“On my drive to and from work,
I would see a woman jogging - the
same woman each day,” he told a
psychiatrist.
“I started to get compelled to be at the
right place at the right time to watch
that woman run past. It was as if I had
to be there.”
He never attacked that woman, but his
daily encounters soon proved
inadequate for his predatory nature.
Colless told psychiatrists and police
that he began to stalk many other
potential victims at various sites.
“(I’d go) on different days to different
places for different women; I felt I had
to do it. If I didn’t do it, I’d feel upset
or agitated,” Colless said. Then, he
decided he had to attack.
22
Queensland Police Union Journal July 2010
“I’d go to places I’ve never been
before. If I had an hour or two to spare,
I’d do it. If a good opportunity arose, it
would happen again.”
His victims didn’t stand a chance
against Colless’s 189cm tall and 106kg
frame. He was physically strong from
his daily labouring work at a
commercial landscaping firm at Kelvin
Grove in Brisbane’s inner-city – only
300m from a bike track at Enoggera
Creek.
His attacks became increasingly
violent.
One victim recalled that Colless lunged
at her with such force that she was
thrown from her bike.
Each attack was characteristically the
same. The landscaper would change
out of his work clothes into a jogging
outfit and don a baseball cap.
After the attacks, Colless would return
to his parked utility, change back into
his work clothes and continue as if
nothing had happened.
“As soon as I closed the door of the
car and I walked away, it was like I
hadn’t even thought those things. My
brain shut out all the memories of
what I’d done,” he told Dr Sundin.
And when he watched or read reports
of his vile acts as he sat surrounded
by his loyal wife and their kids, it was
as if someone else had done them.
“I’d see it on the news; I’m saying to
myself that’s not me, I’m not that kind
of person . . . it couldn’t be me – even
though a little part of my brain knew
that it was me,” he said.
At 11, Colless developed a “profound”
fascination with female underwear. He
said he was “compelled” to sneak out
of his family’s home at night to steal
underwear from clothes lines.
He did it for five years until his father
caught him returning home one night
from a sex-driven stealing spree.
He then pushed her to the ground and
threw his full body weight on her.
Colless’s double life as suburban
married father-of-four and serial rapist
ended on July 16, 2008.
“I have never been so scared in my
entire life . . . I did not know whether I
was going to live,” she said.
He drove to the Kangaroo Point Cliffs
where he raped a 22-year-old jogger.
Bikeway Rapist
A witness saw Colless run away and
noted his car’s registration number.
When arrested by police and later
confronted with DNA evidence,
Colless admitted guilt. He claimed he
did not know how to stop and could
not risk telling anyone because he did
not want to lose his wife and children.
Brisbane District Court Judge Marshall
Irwin described Colless as a
predator who had callous disregard
for his victims.
The sentences of 25 years for each
rape charge was appealed to the
Queensland Court of Appeal on the
basis the sentence was manifestly
excessive.
television to try and calm the
community and encourage detractors
to read the Court of Appeal judgment
in its entirety to gain a full
understanding.
Ultimately we now know the Court
of Appeal reduced this sentence to
16 years imprisonment for each rape
charge. This caused outcry within the
community which lived in fear of this
serial rapist for 27 months. His crimes
forced women to change the way they
exercised.
During the original sentence, the
Director of Public Prosecutions
submitted the applicant should be
imprisoned for life. Defence counsel
accepted that the applicant should
be subjected to a “serious violent
offence” regime, but contended that
the relevant range for the rapes was
imprisonment of between 10 and 14
years.
The backlash was so extreme, Chief
Justice De Jersey himself appeared on
“They were violated and degraded,”
Judge Irwin said when jailing Colless
for 25 years in 2009.
• Queensland Chief Justice Paul De Jersey
In February this year, the Queensland
Court of Appeal reduced his sentence
by almost a third.
Here QPUE Legal Officer Calvin Gnech
examines the decision (R v Colless
[2010] QCA 26)
The learned Judge identified, as “the serious
feature” of the applicant’s offending, that he was a
“serial rapist who engaged in a course of conduct
in which (he) violently and sexually attacked and
terrorised a large number of victims over a seven
month period in public places…a premeditated
and systematic series of attacks…”
As a result of Luke James Colless’s
arrest, he was charged with a total
of 18 offences. On 28 August 2009,
District Court Judge Marshall Irwin
sentenced Colless to a head sentence
of 25 years for each of the five rape
charges preferred. See the below table
taken from the Court of Appeal
decision for an appreciation of
Colless’s charges and original
sentences by the District Court.
Count
Date of Offence
Nature of Offence
Judge Irwin, when considering
sentences, was referred to a number
of comparative cases which are
outlined in the Court of Appeal
Decision. The Court of Appeal made
the following findings in regard to
Judge Irwin’s sentence:
His Honour referred to the victim impact
statements of the complainants, to their feeling
“violated and degraded”, and to the adverse
physical and psychological consequences they
have had to endure. He read out the statement of
Location of
Offence
Time of
Offence
Age of
Complainant
Sentence
1
28 April 2006 Sexual assault
Ashgrove 5.45am 36 years 3 years
2
28 April 2006 Rape Ashgrove 5.45am 36 years 25 years
3
9 June 2006 Sexual assault Paddington 6. 00am 51 years 3 years
4
10 June 2006 Assault with intent to rape
The Gap 4.35am 21 years 10 years
5
21 June 2006 Sexual assault Paddington 6.10am 26 years 3 years
6
21 June 2006 Assault with intent to rape Paddington 6.10am 26 years 10 years
7
7 July 2006 Rape Stafford 4.00pm 19 years 25 years
8
19 July 2006 Assault with intent to rape
The Gap 2.30pm 23 years 10 years
9
23 November 2006
Sexual assault Indooroopilly 5.30pm 25 years 3 years
10 23 November 2006
Assault with intent to rape
Indooroopilly 5.30pm 25 years 10 years 11 6 December 2006 Rape McDowall 6.00pm 38 years 25 years
12 6 December 2006 Sexual assault McDowall 6.00pm 38 years 3 years
13 6 December 2006 Assault occasioning bodily harm McDowall 6.00pm 38 years 3 years
14 2 March 2007 Assault occasioning bodily harm Ferny Hills 4.45pm 52 years 3 years
15 2 March 2007 Assault with intent to rape Ferny Hills 4.45pm 52 years 10 years
16 30 January 2008 Rape Burleigh Heads 2.10pm 18 years 25 years
17 30 January 2008 Sexual assault Burleigh Heads 2.10pm 18 years 3 years
18 16 July 2008 Rape Kangaroo Point 12.30pm 27 years 25 years
All sentences were ordered to be served concurrently.
Queensland Police Union Journal July 2010
23
Bikeway Rapist
the complainant in counts 11 to 13, of the
devastating effect upon her and others.
Then his Honour dealt with the psychiatric
evidence as to the applicant’s condition, which
was described as “a mixed personality disorder
with strong obsessive compulsive traits and a
paraphilia involving recurrent sexual urges in
relation to non-consenting persons resulting in
an uncontrollable compulsion to violently attack
and rape women in public places”. The condition,
the Judge observed, remained “unresolved and
untreated”, that is, his “uncontrollable urge to
attack and rape women remains untreated”, which
the Judge said was “relevant to giving primacy
to the protection of the community when passing
sentence”……..
The learned Judge concluded that this did not fall
into the worst category of such offending, such as
to warrant the imposition of the maximum penalty.
He took that view because no weapon was used,
there was only one instance of a threat to kill,
the applicant was remorseful (extending to the
presentation of an apology for his conduct), and
there were “promising prospects of
rehabilitation” through completion of the sexual
offending therapy program. One may add, to that
list, the applicant’s cooperation with the
investigating police, and the early intimation of his
intended pleas of guilty, which were entered upon
an indictment presented ex officio, and of course
the absence of any prior criminal history.
bag around her neck to choke her and force her to
an area where he anally and vaginally raped her.
He threatened to kill her if she moved as he left.
The other victim, the 15-year-old girl, was
attacked as she walked alone through
Toowoomba at 1am. He chased her and then
knocked her down to the ground from behind,
causing her to fall and suffer a fractured femur. He
then raped her vaginally and anally.
He had two previous convictions for assault
occasioning bodily harm and he had also been
convicted in 1989 and 1985 of being in an
enclosed yard without lawful excuse. Unlike you,
he was in a high risk group of future offending if I
compare what was said in that case against what
Dr Lawrence, in particular, said in this case.
In my view, taking the decision in Buckley’s case
into account, what makes your course of conduct
more serious, without again taking an approach
dictated by the comparative number of offences
involved, is that you were engaged in a course
of conduct in which you violently and sexually
attacked 11 women in public places, including
suburban streets, over a 27 month period. In 10
of the cases it was your clear intention to rape the
women and satisfy your urges. In five of the cases
you succeeded.”
Generally speaking, Judge Irwin found
the circumstances of Colless’s
offending were more serious than
Buckley’s and therefore warranted an
increased sentence. The Court of
Appeal rejected this finding on the
basis that Buckley’s conduct displayed
In selecting 25 years imprisonment as
the penalty for the rapes, His Honour
had regard to R v Buckley [2008] QCA
45. Buckley plead guilty to five counts
• Court Sketch Courtesy of Courier-Mail
of rape, burglary, indecent assault and
grievous bodily harm.
On appeal Buckley was sentenced to
22 years imprisonment for each of the
rapes. The following comparison was
offered by Judge Irwin:
“…the most relevant case is that of Buckley which
involved three separate offences over a nine
month period. I say this because although one
of the offences did involve a burglary after which
there was a sodomy and digital rape on a
67-year-old woman the other two involved
attacking women as they walked home. The
complainants were 15 and 20 years of age.
In relation to the 20-year-old complainant, she
was walking alone to her home at Dalby at 4 am.
She was grabbed from behind and forced to the
ground. He then used the strap of her shoulder
24
Queensland Police Union Journal July 2010
persisting, sadistic brutality of an
order which far surpasses that
exhibited by Colless. Also that Buckley
was guilty of penile penetration, of
both the vagina and the anus.
Side Argument: The argument of how
to properly categorise the different
seriousness of rape in its traditional
form (penile) and rape in its new
statutory form (digital) again
occurred here, referring to such cases
as R v Wark [2008] QCA 172; R v
Brown (2002) 5 VR 463 and R v Riley
[2006] NTCCA 10.
The Court of Appeal’s decision can be
summarised by observing their
findings in paragraphs 38, 39 and 40
of their judgment;
Notwithstanding the gravity of the offending and
its serious adverse consequences for multiple
victims, there were substantial mitigating
circumstances: the applicant’s cooperation with
the authorities from an early stage, including his
confession to the crimes, saving an even more
substantial police investigation; his genuine
remorse; the early intimation of his intention
to plead guilty, and his doing so, saving the
resources of the State, and highly significantly,
removing any prospect of the complainants having
to give evidence and be subjected to
cross-examination thereby re-living their appalling
experience; the fact that without his confessions,
convictions might not have been obtained on
some of the counts; the absence of any prior
Bikeway Rapist
criminal history; and the applicant’s promising
prospects of rehabilitation.
It is difficult to see how the learned Judge made
any adequate allowance for the aggregation of
those mitigating features. Making proper
allowance for the pleas of guilty alone would
mean that in arriving at 25 years, the Judge must
have started from a term substantially exceeding
25 years. The court is statutorily obliged to take
account of a guilty plea (s 13(1) Penalties and
Sentences Act), and in reducing the sentence
which would otherwise be imposed, the court may
have regard to the timeliness of such a plea (s
13(2)).
The 25-year sentences imposed for the rapes
were manifestly excessive, and should be set
aside. The applicant should be sentenced to 16
years imprisonment for each of those rapes.
The Australian Legal System
As we all know the Australian legal
system has been derived from
England. Such a legal system
operates under the doctrine of
precedent or ‘stare decisis’. Here,
the Court of Appeal have relied upon
precedent to determine what they
believe is an appropriate sentence.
If we accept the Court of Appeal’s
decision as being correct at law, and
further accept community
expectations in regard to sentences
cannot be catered for due to
precedent, then the only appropriate
course is for the government to
legislate.
• To ensure, through the courts the
community denounces the sort of
conduct;
• To protect the Queensland
community;
• The prevalence of the offence;
• The injury caused by the offence
(includes physiological).
The Court of Appeal has also relied
upon provisions of the Penalties and
Sentences Act 1992. They criticised
Judge Irwin’s decision on the basis he
didn’t offer discount in sentence, as
required by Penalties and Sentences
Act, for an early plea of guilty – s13,
cooperation with authorities – s13A
and his so-called remorse.
I will leave the interpretation of this
silence to you.
The Court of Appeal have, however,
remained silent on its applications of
the following principles of sentencing
set out in section 9 Penalties
Sentences Act:
• To punish an offender to an extent or
in a way that is just in all the
circumstances;
• Deterrence to the offender and
others;
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25
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Women’s Royal Australian Army Corps
Women’s Royal
Australian Army Corps
Women’s Royal Australian Army Corps 60th Anniversary
February 11 to 13, 2011 Sydney Did you serve between 1951 and 1985?
The Women’s Royal Australian
Army Corps is celebrating its Diamond
Jubilee Anniversary next February
and we are trying to contact as many
ex-Army women as possible. The
corps was formed in 1951 and
disbanded in 1985, when the women
were made part of the different Army
Corps alongside the men. The members of the 2011 committee
are working at spreading the news of
this great celebration and are asking
WRAAC to contact them. They can be placed on a database and
can be kept informed of all the plans
and the process for booking in for the
different events. The weekend of
celebrations will be held in Sydney
from the 11th to the 13th February
2011. There is a weekend of events planned
to celebrate our Diamond Jubilee
as follows:
• Friday night February 11, 2011, meet and
greet at Kirribilli Club
• Saturday February 12, parade at WRAAC
School, Georges Heights; Memorial
Plaque Unveiling, lunch and a walk down
memory lane.
• Saturday night: WRAAC Formal Dinner,
Kirribilli Club.
• Sunday February 13, a church parade
at the Garrison Church, The Rocks, in the
morning, followed by lunch on a harbour
cruise.
To register your interest in these
events and for more information
email [email protected] or
phone 02 9371 7922. Queensland Police Union Journal July 2010
27
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
Deadly Script: Project Rx
Prescription Drug Abuse and Addiction
by Paula Doneman
Children so desperate for an instant high,
they suck the slow release coating off
prescriptions drugs.
being admitted to Queensland drug
treatment programs for dependence
on opioid analgesic drugs.
There has also been a jump in doctor
shopping from people with known
illicit drug histories.
The most commonly sought after or
diverted (to illicit markets)
pharmaceuticals drugs in Queensland
appear to be MS Contin 100mg tablets
and OxyContin 80mgs tablets.
“The prevalence in the US has
reached epidemic proportions,” said
Detective Sergeant Mick Ackery of the
State Drug Investigation Unit’s
Synthetic Drug Operations, State
Crime Operations Command.
Communities protesting
outside medical clinics to shame
doctors from overprescribing drugs to
their children.
Crime gangs organising secret bus
tours for people to buy prescription or
over-the-counter drugs.
This is the battle ground for
prescription drug abuse being fought
in the United States.
Last month, a US Centre for Disease
Control and Prevention study found
emergency room visits from abuse
of prescription and over-the-counter
medicines doubled in four years.
28
For the first time this matched the
number of overdoses of illegal drugs
such as cocaine and heroin.
Painkillers such as Vicodin,
OxyContin (known as “Hillbilly
Heroin”) and methadone fuelled
the rise.
Health authorities are seeing similar
significant increases in the volumes of
drugs being prescribed in Queensland
and Australia, particularly over the
past decade.
While there is limited data on whether
the same associated harms are
occurring as in death and overdoses,
there have been increases in people
Queensland Police Union Journal July 2010
“Overdoses and abuse levels are
surpassing or mirroring abuse and
overdoses from illicit drugs. It has
been found historically when
something happens in the US whether
it be fashion, music or crime, it
eventually filters to Australia and this
is no different.’’
“We recognise this is not a new issue,
but the increase in the prevalence of
abuse and reported crimes throughout
the state, where prescriptions drugs
are specifically targeted, leads us to
believe there is a real need for a
proactive response.”
Offences of fraud, forgery, armed
robberies and stealing are committed
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
by people seeking prescription drugs.
Det-Sgt Ackery said the illicit black
market price for the most commonly
abused prescriptions drugs was highly
inflated.
“Hillbilly heroin” is a term used
for prescription opioids which are
injected by users who are unable to
source heroin. Anything criminals see
as a way to gain profit can be subject
to a black market and prescription
drugs are no different. The illicit black
market price for the most commonly
abused prescription drugs is highly
inflated, therefore there is no reason
to assume that organised criminal
networks will not enter or increase
their involvement in the prescription
drug black market.”
His interest in prescription drug abuse
was triggered after he saw a
presentation by the Californian
Department of Justice Bureau of
Narcotic Enforcement Team.
“Most American cities have taskforces
with a specific charter of investigation
of prescription drug crime.’’
“My experience has been
predominantly in the field of
well-known illicit drugs such as
Methylamphetamine, MDMA and
cannabis. One fact that really startled
me during this presentation was that
in the United States, prescription drug
overdoses are killing more people
than illicit drug overdoses. This really
hit home when I heard that 48 million
• Detective Sergeant Mick Ackery
people in the United States aged 12
and over had used prescription drugs
for non-medical reasons.”
“I also found that organised crime
networks are targeting doctors and
pharmacists, luring them with large
amounts of money to prescribe and
The following year, in 2009, after
receiving a State Crime Operations
Command Bursary Scholarship,
Det-Sgt Ackery travelled to the USA
to further research prescription drug
abuse.
dispense prescription drugs. These
criminal networks also target the
homeless, and people from low
socio-economic groups, to doctor
shop for them.”
In some parts of the US, clandestine
“This included mentoring by the DEA
and various local law enforcement
agencies and universities in Boston,
New York, Detroit, Los Angeles, San
Diego and Vancouver, Washington,”
he said.
“These host law enforcement
agencies gave me access to current
investigations and prevention
strategies they have developed, and
are continuing to develop, to address
abuse, theft and diversion of these
drugs.”
Det-Sgt Ackery went on patrol with
different agencies, and witnessed
firsthand the high levels of addictions
to narcotic painkillers and
irresponsible prescribing behaviour
by members of the medical
profession.
“It is getting to the point in the US
where people are protesting outside
medical centres to shame doctors to
stop giving their children prescription
drugs.’’
bus tours are organised so that the
people working for these networks
can go to hospitals and medical centres with the aim of obtaining as many
prescriptions drugs as possible for
their employers, to divert to the black
market.
“These people are paid in cash and
with drugs,’’ he said.
“Other methods include criminals
posing as potential buyers at real
estate open days. They act in pairs
and while one person remains with
the agent, the other cleans out the
bathroom medicine cabinet of all the
prescribed medication.
“I went to a lot of multi-jurisdictional
stakeholder meetings in relation to
prevention and how to look for signs.
“One indication of abuse they
discussed were parents finding green
stains on towels from their kids
either sucking or rubbing the slow
Queensland Police Union Journal July 2010
29
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
release coating off prescription tablets
because they are so desperate for an
immediate high,’’ Det-Sgt Ackery said.
His research in the US led to the
development of Project Rx (Rx is an
abbreviation used in medicine for
prescriptions). This project is focused
on developing a multi-agency holistic
approach to addressing prescription
drug issues in Queensland.
“Project Rx aims to educate
Queensland police and be proactive
in combating the problem,” he said.
“One of the first steps is the
development of awareness for
operational police in relation to the
identification of prescription drugs,
signs of abuse and being able to
identify someone affected by them.”
As part of the project, Det-Sgt Ackery
is developing a MMS system which
will help Queensland police to
immediately identify prescription
drugs found during searches and
raids.
“Police will be able to send a picture
of the pill from the scene, and receive
a message back from a database as
to which pill it is and the legislation
surrounding it,” he said. “This has
the potential to be of great benefit
to prescription drug investigations,
particularly in remote areas or where
police aren’t easily able to access such
resources as MIMS.’’
Det-Sgt Ackery said prescription drug
abuse in Queensland was higher in
some police regions than others.
“Some police regions have a higher
incidence of crime relating to
prescription drugs and it can also
relate to the availability of heroin
when it comes to the abuse of narcotic
painkillers.”
A review of Queensland police crime
friend or family member. Another
data shows oxycodone and
method is “doctor shopping”, a
benzodiazepines are the most
practice where abusers present at
sought-after prescription drugs.
hospitals and doctors surgeries
feigning symptoms and illness in
“Essentially, the whole purpose of
order to obtain prescription drugs. It
Project Rx is to ensure the QPS has a
is crucial for doctors, and those who
well-informed and prepared response
dispense prescriptions, to be aware of
to this emerging threat,” he said. “We
drug-seeking behaviour, and only
are in a unique position with this issue
prescribe drugs to people with
to be proactive rather than reactive,’’
legitimate medical needs,’’ he said.
he told the Journal.
Since his return from the US,
Part of the project will also focus on
Det-Sgt Ackery has delivered
the public being vigilant with their
numerous presentations in relation to
prescription medication and
this issue, including to South-East
ensuring their medical or bathroom
Queensland Hospital executives,
cabinet does not become the new
hospital staff, at crime information
drug dealer.
sessions and at the Australasian Drug
Strategy Conference in March this
“The main difference between
year.
prescription drug abuse and the abuse
of illicit street drugs is the origin of
“These speaking engagements have
manufacture and the source of
given me a valuable opportunity to
distribution. Illicit street drugs such as
develop strong partnerships with a
Methylamphetamines and MDMA are
variety of government and
commonly manufactured in
non-government agencies, including a
clandestine laboratories whereas
leading pharmaceutical company who
prescription drugs are produced by
has a dedicated department with the
legitimate pharmaceutical
charter of ensuring that medication is
companies. Illicit street drugs are
used responsibly and legitimately,’’ he
commonly distributed by dealers and
told the Journal.
organised criminal networks
30
trafficking in these drugs. One source
This year, Det-Sgt Ackery was
of prescription drugs of abuse is a
honoured with his membership in a
Queensland Police Union Journal July 2010
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
national steering committee, initiated
by the Victorian government, which
aims at formulating a
multi-jurisdictional, multi-agency
approach to address this emerging
threat.
SIPPIN’ SYRUP, AKA PURPLE
DRANK, AKA LEAN
“The results can be devastating and
Det-Sgt Ackery said there is
high,” Det-Sgt Ackery said. “It’s
widespread abuse of easily obtained
getting to the stage now where people
over-the-counter cough medications
in America are being prosecuted for
“I have also received crucial
assistance and support from the Drug
and Alcohol Coordination Unit and
the State Crime Operations Command
Research Unit.”
substances.
Det-Sgt Ackery said there are a
number of commonly held myths
associated with prescription drug
abuse. These include:
• Prescription medications are safer to
abuse than other illicit substances.
• Using and sharing prescription
medications is legal.
• Prescription drugs are prescribed
by doctors and made by legitimate
companies and therefore must be
okay to misuse.
• You cannot overdose on prescription
drugs.
containing codeine and other
“In the US, there are slang terms for
the abuse of cough medications – the
‘Purple Drank’ or ‘Sippin’ Syrup’ or
‘Lean’. The legitimate use of cough
medication would see the
consumption of about 10 to 15 ml of
the risk of respiratory failure is very
the distribution/trafficking of cough
medication. This is something which
surprised me, and I’m sure would
surprise other police,” Det-Sgt Ackery
said.
He said Queensland pharmacists and
stakeholders have told police the state
is not immune to the “Sippin’ Syrup”
craze in the US.
the syrup, whereas abusers will pour
the whole bottle (400 – 500 ml) into
“Pharmacists are reporting that they
a large soft drink cup and mix it with
often turn away customers seeking
lemonade or a similar soft drink. They
multiple bottles of the syrup with no
then place a lolly in the cup to add
sign of a legitimate medical need. As
flavour and slowly sip this ‘medical
with other kinds of prescription drug
cocktail’.”
The ‘Purple Drank’ has its origins in
the hip-hop community in the
southern states of the US, and is
named after the purplish hue that
comes from dyes in the cough syrup.
abuse, the extent to which this form
of abuse is occurring in Queensland
requires further research.” Det-Sgt
Ackery said education and vigilance
by pharmacists was vital in combating
prescription drug abuse.
“With more organised theft, diversion
and distribution, quick dissemination
of information to police is also
important. Education must be
balanced with ensuring that
awareness campaigns are not
doubling as “how-to” sessions,
particularly when it comes to young
people.”
He said pharmacies are regular targets
for burglaries. In the past nine months
there have been numerous armed
robberies of Queensland chemists
where narcotic painkillers were
targeted.
“Pseudoephedrine-based medication
is often targeted during these offences
Queensland Police Union Journal July 2010
31
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
for use as a precursor for the
In his research, Det-Sgt Ackery found
Border detections of opioid
manufacture of methylamphetamine,
numerous types of prescription
pharmaceuticals increased by 67%,
however we are seeing narcotic
medication are abused.
while benzodiazepine pharmaceuticals
painkillers being targeted on a more
regular basis,’’ he said.
decreased by 51%, according to the
“There are definitely certain
prescription drugs which come up
PHARM OR SKITTLE PARTIES
time and time again. These include
The phenomenon of “Pharm Parties”
most opioids and narcotic painkillers
- where teenagers mix dangerous
such as OxyContin, and
amounts of alcohol, marijuana and
benzodiazepines such as Temazepam,
prescription pills to get high - was
designed to treat anxiety. These are
exposed by the death of Townsville
the prescribed drugs which get most
schoolgirl Melanie Boyd in 2006.
of the attention; however, I soon
discovered that there is a
Australian Crime Commission’s Illicit
Drug Data Report for 2008-2009.
Most detections for opioids were in
parcel post, some were detected on
air passengers and in air and sea
cargo. Similar methods were used to
import benzodiazepines with the
highest quantities of tablets being
from India, France, Thailand, South
Pretty, smart and popular, the
plethora of over-the-counter drugs
16-year-old private school girl died
which are targeted for abuse.”
Africa, the UK and the US.
and pills at a beachfront party in the
THE INTERNET
However, the ACC said not all people
north Queensland town.
“The internet is definitely a source of
ordering these drugs over the internet
prescription drugs. There are
were doing it for criminal purposes.
from a lethal cocktail of booze, pot
“Miss Boyd died as a result of this and
countless rogue internet
no illicit drugs were found in her
pharmacies throughout the world
The weight of seized drugs
system,” Det-Sgt Ackery said. “Sadly,
willing to ship most types of
categorised as “other and unknown”,
prescription drugs without a
which include pharmaceuticals, is the
prescription. Some of these drugs are
highest on record and are increasingly
counterfeit, and while this may not
being recognised as part of Australia’s
despite asking her friends to call for
help when she was suffering from
respiratory failure, they refused as
they were afraid of getting into
trouble. The Coroner, Brian Smith,
recently made recommendations for
updated education for high school
students in relation to the dangers
associated with prescription drug
seem like a big problem, it can
become a real danger when people
with a legitimate need try to save
some money by ordering their drugs
via the internet, and start taking a
similar looking but ineffective
abuse,’’ Det-Sgt Ackery said.
medication,” he said.
“I have been fortunate to receive
Det-Sgt Ackery is working with the
support and form a valuable
partnership with the Queensland
Centre for Youth Substance Abuse
Research, and researching the
prevalence and proactive prevention
Australian Customs Service to
develop a dual agency approach and
“Whilst it is not illegal to use or
possess some of these drugs and
substances, concerns are growing
over their misuse,’’ the ACC found.
“Produced for legitimate medical
use, many pharmaceutical drugs are
diverted to the illicit drug market. Illicit
educate their staff in the identification
drug users often use pharmaceutical
of common internet-sourced
drugs to supplement other illicit drug
prescription medication.
use when availability is low.’’
strategies to prevent prescription
abuse by young people is a priority.”
32
illicit market.
Queensland Police Union Journal July 2010
Deadly Script: Project Rx - Prescription Drug Abuse and Addiction
Benzodiazepines and opioids are the
most commonly diverted for illicit use
in Australia.
DRUG DEPENDENCE
Bill Loveday, manager of Queensland
Health’s Drugs of Dependence Unit,
said opioid analgesics, which are
Schedule 8 or Controlled Drugs, are
commonly used for relief of chronic
pain.
“However, as they are similar in
chemical structure to heroin, these
drugs can have similar psychological
effects, especially when injected,’’ said
Mr Loveday.
“The USA and Canada has
experienced phenomenal increases
in the volumes of prescribing of these
data on whether we are experiencing
or diverted pharmaceutical drugs
drugs in the last two decades.
the same associated harms in
appear to be MS Contin 100mg tablets
Australia, in terms of death, overdose
& OxyContin 80mg tablets.”
“Associated with that increase has
and increasing rates of drug
been greater numbers of deaths
dependence.
He said the DDU maintains a
monitoring and surveillance service,
attributed to these drugs, admissions
to emergency departments for
“In Queensland we are seeing some
overdose, and entry into treatment
increases in people being admitted to
drugs dispensed at community phar-
for drug misuse and dependence,’’
drug treatment programs with
macies in Queensland, and works
he said.
dependence on opioid analgesic
closely with police.
receiving records of all the controlled
drugs, and also some increasing
“Australian and Queensland trends
‘doctor shopping’ from people with
“DDU then reviews records of
are showing similar significant
known illicit drug use histories. There
prescribing to detect possible doctor
increases in the volumes of these
are also some reports that these drugs
shopping or drug-seeking behaviour,
drugs prescribed, especially over the
are being diverted onto the illicit
and liaises with medical practitioners
last 10 years. However, there is limited
markets. Most commonly sought after
and pharmacists to increase
regulatory compliance, and have
patients more appropriately managed.
The Unit runs a 24 hour a day, seven
day a week telephone enquiry service
for health professionals to be able to
find out details of a patient’s drug use
history,’’ he said.
In cases of prescription fraud or
forgery, the DDU directs doctors or
pharmacists to report the matter
directly to police, he said.
Queensland Police Union Journal July 2010
33
QPUE Scholarship
QPUE
Scholarship
The QPUE Scholarship is now in its fourth round
and has already assisted a number of children.
The QPUE Scholarship fund
provides assistance to QPUE parents
who are supporting children who are
striving to achieve academic or
sporting excellence.
The Queensland Police Union of
Employees is again offering its
members the opportunity to apply for
a scholarship for their children.
The QPUE scholarship fund provides
financial assistance to those
students or athletes who demonstrate
merit and achievement in their chosen
areas. The scholarship is available
to the children of all financial QPUE
members.
The recipient of scholarship funds
must be the acknowledged direct
descendent (biological and/or
adopted) of a currently serving QPS
Officer and financial member of the
QPUE.
secondary schooling institution.
Applications need to reach the QPUE
office by the 15th August 2010.
The QPUE Scholarship is administered
by the Queensland Retired Police
Association.
All decisions of the administrators are
final.
Applications are open to domestic
students only (Australian or New
Zealand citizens, permanent residents
or holders of a permanent
humanitarian visa).
Information and application forms are
available on the QPUE website (www.
qpu.asn.au).
Please have all completed applications
sent to the QPUE office at 217 North
Quay or faxed to 3259-1950.
If you require any further assistance,
please contact Rosemary Featherstone
on 3259-1900 or rfeatherstone@qpu.
asn.au
Successful recipients must remain
enrolled on a full-time basis at a
recognised Australian primary or
If it happens, protect yourself and your family
by immediately contacting the QPU office
Ph 3259 1900 (24 hours)
or your regional representative.
They will steer you in the right direction.
Queensland Police Union Journal July 2010
35
Its Official - Detective Sergeant Dave Perry
It’s Official
Detective Sergeant Dave Perry
by Paula Doneman
Working for the stock squad means long periods
away from home and dealing with issues such as the
unlawful killing of animals.
Det-Sgt Perry does not find his role as
Branch President demanding of his
time because of the limited number of
staff in the district.
“From time to time, there are
occurrences that take place which
require my attention. I am very
fortunate in that my support is the
Central Region Regional
Representative Bill Feldman. The
impact on my family has been limited,
for which I am thankful, but I
understand that this is not the issue in
other districts,’’ he said.
• Sgts Dave Perry and Paul Jervis inspecting cattle at the Longreach cattle sales
It’s a role Longreach Stock and Rural Crime Investigation Squad (SARCIS)
Detective Sergeant Dave Perry finds demanding but interesting.
“The SARCIS is a demanding role which requires substantial amounts of time
away from home. I often deal with matters concerning animal welfare,
unlawfully killing animals, and the taking or keeping protected wildlife. There
are obviously stock matters which include stealing stock, unlawfully using stock
down to offences concerning necessary paperwork and permits, “ he told the
Journal.
“The most interesting matter I have worked on, which is still before the courts,
concerns a substantial number of offences, including cattle stealing,
fraud-related matters, fabricating evidence.’’
Det-Sgt Perry became a QPUE Branch President at Longreach at the end of 2008
when the existing president no longer wanted the position.
“I had from time to time seen police become the subject of malicious and
vexatious complaints from people seeking retribution for a perceived
misdemeanor committed upon them, and I was hoping I would be able to assist
officers in defending these matters,’’ he said.
“In my 20 years of service I have witnessed how the union has assisted police,
not only in providing legal assistance but also in times of need. “
36
Queensland Police Union Journal July 2010
Issues confronting police in the
Central Region relate to staff
retention, tenure, isolated locations
and officer safety in some areas.
“Matters facing union officials are
often members’ entitlements.
“The Central Region has become very
dynamic due to mining development,
including the introduction of coal
mining in the Alpha and Jericho police
divisions. A lot of exploration work
is also being completed surrounding
coal seam gas in a lot of the areas
encompassing Longreach District.
This exploration and development
poses a lot of questions for senior
management. Questions concerning
staffing and resourcing need to be
raised so that police are able to
adequately perform their duties,’’
Det-Sgt Perry said.
Policing issues unique to the
Longreach District relate to remote
and isolated policing, he said.
Its Official - Detective Sergeant Dave Perry
• Det-Sgt Perry
• Sgt Perry with his children Jackson, Keely and Darci
“Don’t be mistaken, remote
locations such as the Longreach
District is a great place to work and
great places to raise a family. You
rely on the people that you work with
and as a result, great friendships are
formed which will last a lifetime.”
older brother, Trevor Perry, was in
the job and I thought it would be a
good option. I had a great time at the
Queensland Police Service Academy
with my facilitator being the recently
retired Inspector John McCoomb,
and some great fellows including
Lyall Trost, Justin Percival and
Russell Parker.”
Det-Sgt Perry said he often has to rely
on officers in the Longreach District to
assist him in his SARCIS
investigations.
“This includes the taking of
statements, speaking to witnesses,
serving documents and performing
reconnaissance. This is done without
issue and I am very thankful for that.
“There are some downsides, which
include limited retail therapy for those
that require such a thing. Holidays
usually require substantial amounts
of travel to visit family and friends.
The costs of residing in some remote
locations can also be prohibitive for
people.”
Det-Sgt Perry followed his brother
into the Queensland Police Service,
becoming a recruit in 1989.
“I had finished school in 1987 and
after having worked for the Kilcoy
Pastoral Company for 18 months, I
felt as though I needed a change. My
• Wife Karen and Longreach’s Sgt Wayne Lynn
From memory I think it was his third
murder conviction.”
In his 21 plus years in the job,
Det-Sgt Perry has spent 12 years in
the Longreach District including
Barcaldine (1991 to 1994) and
Longreach SARCIS (2001 to present).
He has also worked in north Brisbane,
State Crime Operations Command
and did six years in the Redcliffe and
Caboolture districts.
In 1996, while working general duties
in Caboolture, a hotelier rang the
station and told police that a man
drinking at the bar matched a wanted
poster she had seen at the police
exhibition at the EKKA a fortnight
before.
“She observed a wanted poster for a
man wanted for murder in NSW, and
she believed that man was now
drinking at the bar at the Caboolture
Hotel. Former Senior Constable Geoff
Chitty and I attended at the hotel and
the male person was arrested on a
first instance warrant for murder.
In the same year, Det-Sgt Perry
became interested in detective work
when he had the opportunity to relieve in the Juvenile Aid Bureau.
“During that time my supervisor was
Detective Sergeant Mark Jones who
is now an Inspector in the Redcliffe
District. He mentored me in a
positive way and convinced me to join
the JAB. I then performed duties at
the Redcliffe Child Abuse Unit and the
Organised Crime Investigation Group
before transferring to my current
position in 1991. While performing
duties in plain clothes I had some
great mentors including Sean
Chambers, Bob Crow and Bruce
Graydon.’’
Queensland Police Union Journal July 2010
37
The Queensland Police Union’s new website is a winner!
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Poisonous Tale Takes Deadly Turn
Poisonous Tale
Takes Deadly Turn
by Paula Doneman
Photographs by Rockhampton Scenes of Crime
Two months out of prison and on parole, convicted drug
trafficker Myles Edward Stritzke was on his way to a party
at a mate’s place in the northern suburbs of Rockhampton.
• Myles Edward Stritzke
“He presented as a drug overdose and
he died at the party on June 9, 2008.
People at the party gave a version to
the paramedics and police that
Clifford was bragging about taking
large quantities of
• Party house
Stritzke, accompanied by a
woman, wanted to get high with his
friends. At the party they
experimented with whatever they
could concoct – home made ecstasy
from flu tablets, mushrooms, cannabis
and booze.
The 25-year-old storeman, who once
peddled dope to local nightclubs,
had brought along a clip-sealed bag
of commercial grade strychnine –
the poison used to kill rats, but also
strong enough to bait wild dogs - from
his parents’ farm.
“They were smoking the strychnine
in crack pipes, they were putting it
in their beer and their coffee,’’ said
methlyamphetamines, and he died as
a result.
arresting officer Detective Sergeant
Steve Paskin of the Rockhampton CIB.
On August 26, the case took a sinister
One of them ended up paralysed after
turn when Rockhampton CIB
taking the strychnine but fully
received the toxicology results from
recovered.
Mr Clifford’s postmortem. The results
revealed he had no illicit drugs in his
Enter Bronte James Clifford, a
system and his death was a result of
21-year-old who arrived late at the
strychnine poisoning.
party, at around 8pm, claiming he was
high on amphetamines.
Detectives, with assistance from the
homicide squad, launched Operation
Four hours later at 12.13am,
Golf Cove.
paramedics were called to the same
Berserker house. Mr Clifford had
Investigators began re-interviewing
collapsed and was convulsing on the
people who attended the party, and
floor. All attempts to resuscitate him
from there, identified who was
failed. The CIB were also called as it
involved with supplying the
was classed as a sudden death.
strychnine.
Queensland Police Union Journal July 2010
39
Poisonous Tale Takes Deadly Turn
“After that it all went sour.”
Ms Ballingall said she couldn’t see
down the hallway but heard Stritzke
yelling out: “Are you all right mate?”
She described the sounds as “heavy
thudding, like convulsions, sort of like
an epileptic fit”.
When there was no response Stritzke
went to see if Mr Clifford was okay.
She recounted how there were several
attempts to get a response from Mr
Clifford.
Stritzke then yelled for someone to
call an ambulance because Mr Clifford
was overdosing.
Mr Clifford died at the scene.
The host of the party, Kyle Thomas
Finlay, 20, testified that Mr Clifford
• Stritzke’s Guns
“Initially they all gave us the same
story that (Mr Clifford) had taken
amphetamines, until one of them
rolled. As a result of that, we went
back and re-interviewed people who
eventually told us the truth to varying
degrees,” Det-Sgt Paskins told the
Journal.
“We went and pulled on Stritzke and
he stuck with the story that the
deceased had overdosed on
methylamphetamines. He denied he
had the strychnine because he knew
how dangerous it was,’’ he said.
Police raided Strizke’s family property
at Pink Lilly, on Rockhampton’s
outskirts, where he lived with parents.
appeared to be “not with it” and was
acting a “little hyper”.
Gervase Laura Ballingall said she
saw Stritzke take a plastic clip-sealed
bag from his pocket and leave it on a
counter in the kitchen.
He then told people it would give
them a buzz but that taking too much
could kill.
The 24-year-old said she remembered
Mr Clifford sitting at a table with
Stritzke but could not remember what
they were talking about.
She told the court that out of the
corner of her eye she saw Mr Clifford
There, detectives seized strychnine,
which matched the one ingested by
Mr Clifford, and several guns.
stand up, have a drink of something,
Two days later, Stritzke was charged
with the manslaughter of Clifford.
She said he walked through the
and heard him say something about
going to the toilet.
kitchen into the hallway and then she
heard a thud.
During his trial at the Rockhampton
Supreme Court last December, the
woman who accompanied Stritzke to
the party, testified that Mr Clifford
40
“Someone said he’d tripped and
Myles (Stritzke) was calling out to him
to get a response.”
Queensland Police Union Journal July 2010
had boasted about taking two grams
of ice only hours before he died.
Mr Finlay told the court that Stritzke
took the poison to the house where
people were already cooking the drug
speed, smoking marijuana and
boiling “magic mushrooms” to mix
with coffee.
In his final submission to the jury,
Crown prosecutor Richard Pointing
• Bronte James Clifford
Poisonous Tale Takes Deadly Turn
said the strychnine was kept in the
clip-seal bag until later in the night
when Mr Clifford was seen with it.
Mr Polley told the court his client was
very sorry, to the parents and family
of Bronte Clifford as well as to his own
family.
The Crown case was that Mr Clifford
licked his finger, stuck it in the bag
He was jailed for four and half years.
and licked the strychnine off once or
Once he has finished his term, Stritzke
will serve the remainder of his
sentence for drug trafficking, as he
was on parole at the time he
committed manslaughter.
twice.
Mr Finlay said Mr Clifford “had a bit
of a joke”, saying, “Look at me, I’m off
my head,” before he started
convulsing on the floor.
He called for an ambulance before
Stritzke and Mr Finlay tried to do
CPR on him, taking instructions from
a medico over the phone before an
ambulance arrived.
Mr Pointing said when Stritzke was
first interviewed by police he denied
having knowledge of the strychnine.
“He must have known the seriousness
of what he’d done that night ... He was
simply trying to avoid responsibility,”
Mr Pointing told the jury.
The Crown argued Stritzke was
responsible for Mr Clifford’s death
Det-Sgt Paskin said the matter was
one of the first cases where someone
was convicted of knowingly handing
over something that was dangerous.
“It was a unique case in that it was
a strychnine death – they were all
openly using it as a drug. There was
no shooting or stabbing; the case was
certainly a strange one, rare, where
you have a group of blokes openly
using strychnine as a recreational
drug,” Det-Sgt Paskin said.
Mr Pointing told the Journal the case
was unique in the sense that the
poison was taken to the house by
Stritzke and left in an open, accessible
area.
because he knew how deadly
strychnine was.
In his closing address, Stritzke’s
defence barrister Tom Polley said
his client warned everyone it was rat
poison saying if “you have a bit, you’ll
get a buzz, but having too much will
kill you”.
He told the jury: “There is no doubt
Bronte Clifford heard what this
substance was,” and the potential
effect it would have.
The jury found Stritzke guilty.
Justice Duncan McMeekin said he
completely agreed with the jury in
finding the actions of the defendant as
grossly negligent.
Justice McMeekin said Stritzke had
played a significant part in taking the
life of a young man and a much loved
brother and son.
“The house was full of the offender’s
friends; people he knew to be keen
drug users. He told them what it was
and of its danger, but any of them
stupid enough to ingest the substance
was able to do so,’’ he said.
“There was no particular act on the
part of Stritzke which the prosecution
could point to, beyond the provision
of the poison, that would have formed
the basis for his conviction of
manslaughter on a criminal
negligence basis.
“The Crown’s approach in Stritzke’s
trial was to say that his liability for
the death began at the moment he
produced the poison and informed his
friends of what it was, in the
circumstances of this case. The jury
accepted that argument.”
Mr Pointing said he had not heard of
any other strychnine poisoning cases.
Ed’s note: Court testimony as
reported in the Rockhampton
Morning Bulletin.
“In many cases of prosecuting people
for the offence of manslaughter
involving an overdose of some drug,
the offender will have drawn up the
drug into a syringe and injected it into
the deceased, for example.
“In this instance, the consequence of
Stritzke’s actions, death, was clearly
attributable to the offender’s
behavior, “ he said.
Queensland Police Union Journal July 2010
41
Constable Doyle: The Mt. Moffatt Memorial Unveiling
Constable Doyle: The Mt.
Moffatt Memorial Unveiling
by Rosemary Featherstone
The year was 1902 and Queensland, with half a million people, together
with New South Wales, South Australia, Tasmania, Victoria and Western
Australia, had formed a federation that collectively became the states
of the Commonwealth of Australia.
• Photo L to R: Roma District Officer Inspector Mark Stiles, Southern Region acting Assistant Commissioner Tony Wright, QPUE General President, Ian Leavers,
Superintendent Tony Cross and QPCOU President and acting Deputy Police Commissioner Col McCallum
Laws and legislation were
being created as people made a life
for themselves. However, for some
in southwest Queensland, laws were
something to be flouted.
Keniffs’ lease and establish a police
station in Upper Warrego.
Consequently, the brothers became
more belligerent, often riding armed
throughout the district.
Warrego to arrest the Kenniffs’ for
horse theft. Soon after, the burned
bodies of Constable Doyle and Albert
Dahlke were found.
Brothers and cattle duffers, Patrick
and James Kenniff, who had
previous convictions for stock stealing
in northern New South Wales, began
stealing from their neighbours in
Upper Warrego.
They moved across the Great
Dividing Range to Lethbridge’s Pocket,
and developed an intense hostility towards the manager of the “Carnavon”
property, Albert Dahlke.
Doyle’s Aboriginal tracker Sam
Johnsen asserted that he heard some
shooting and was pursued by the
Kenniffs when he approached the
location of the bodies. A 1000 pound
reward was offered and a large police
manhunt launched.
The complaints of the neighbours led
the government to terminate the
During Easter, 1902, Constable George
Doyle packed his rations, saddled up
his horse and headed out of Upper
It was not until 23 June that the
brothers were captured at what is now
Arrest Creek, to the south of Mitchell.
42
Queensland Police Union Journal July 2010
Constable Doyle: The Mt. Moffatt Memorial Unveiling
There was considerable sympathy for
the brothers owing to the economic
depression, unemployment and
drought of the 1890s, and due to the
old resentments between the
squatters and cockatoo farmers.
However, both men were found guilty
of wilful murder. Last month, and 108
years later, at the Mt. Moffatt National
Park site where the burnt body of
Constable George Doyle was located,
police officers and family gathered to
dedicate and unveil a memorial in the
Constable’s honour.
The idea to pay homage to this
officer’s bravery came from Acting
Deputy Colin McCallum. With the
assistance of Acting Assistant
C
Whose
members
get more
benefits?
M
Y
CM
MY
Commissioner Southern Region Tony
Wright and Roma District Officer
Inspector Mark Stiles, this monument
came to fruition. Grandnieces of
George Doyle, Norma Jurss and Meryl
Cambell, joined QPUE President Ian
Leavers, and local union
representative Detective Scott
Jackson, in remembering the brave
actions of one of their own.
CY CMY
K
% general treatment (extras) charges covered in Queensland
(The proportion of total charges, associated with extras services,
that is covered by each insurer's benefits)
80%
Health Insurance Insurer
70%
60%
50%
40%
HCF
52.0%
MBF
47.8%
30%
NIB
54.5%
Police
Health
67.6%
Medibank
Private
45.3%
20%
10%
General treatment (extras) provides benefits to cover a range of health related services not provided by doctor
including, dental, optical, physiotherapy, chiropractic etc. This chart shows the average outcomes across all
of each insurer's general treatment products an all ancillary services. Percentage returned may vary for individual
services and products within a insurer.
Source: Private Health Insurance Ombudsman – “State of Health Funds Report - 2008”, www.phio.org.au
Join Police Health now, so you
too can ... enjoy the benefits
Call: 1800 603 603
www.policehealth.com.au
Insurance provided by Police Health Limited ABN 86 135 221 519
Queensland Police Union Journal July 2010
43
Murgon Police Celebrate a Century of Law Enforcement
Murgon Police Celebrate a
Century of Law Enforcement
by Constables Baiden Dew and Tegan Berger
On the 1st of June, 1910, Constable first class
J.F.Clare commenced duty at Murgon with his troop
horses “Padlock” and “Limelight”. “Constable Clare would have had the
two troop horses, a pen and some
paper. He would have had to rely on
support from members of the local
Aboriginal community to find his way
around the bush,’’ he said.
Documents from the Queensland
Police Museum show official
correspondence about how the
Murgon police station started.
The museum also has the plans for
Murgon Police Station and
Courthouse, which included a holding
cell at the rear.
Police Gazettes at the time contain
glimpses of the types of crime being
committed in the area in 1913:
• Constable Baiden Dew recreating the Policing conditions from 100 years ago.
Constable Clare initially
operated the police station from
rented premises near the town’s
railway station, until the police station
was built.
On the 1st of July, 1914, the Murgon
Police Station was officially opened. It
was located in an area which is now
a part of the Murgon Primary School.
This building has since been shifted
and is now a residence in the town.
44
The current Murgon Police Station
was built in Stephens Street West,
and was officially opened on the 25th
of April, 1974. This station will soon
be replaced by a new building which
is under construction in Krebs Street,
Murgon.
Officer in Charge of Murgon Police,
Senior Sergeant Lance Guteridge, said
much has changed since Constable
Clare started a hundred years ago.
Queensland Police Union Journal July 2010
“A summons has been issued by the
Wondai Bench for service on Frank
Dowd, charged with supplying liquor
to an Aboriginal, on Cloyna Road,
near Murgon, on 24th December,
1912. He is about 40 years of age, 5
feet 6 inches high, medium to thin
build, dark complexion, thin features,
quiet disposition: a labourer.”
In 1915, the Murgon Shire Council
wrote to the Police Commissioner
asking for extra police protection
in the area because of population
growth, and that the courthouse/
police station be provided with a
telephone.
“This would be a great convenience
to the public and greatly expedite
Murgon Police Celebrate a Century of Law Enforcement
“We look back and wonder how
Constable Clare managed to do his
job.”
“Constable Clare is probably
looking down at us and wondering
how we manage to do our job with all
the reporting systems we now have.”
Snr-Sgt Guteridge said that one thing
that hasn’t changed in the past 100
years is that people are still the same.
He said people committed offences
back in Constable Clare’s day and they
are still committing offences today for
the same reasons.
“That part of policing remains
unchanged.”
• Constable Matthew Bennetts, Constable Shane PALMER and Constable Baiden DEW representing policing
today and 100 years ago
business....” wrote L.T. Allen, Shire
Councillor.
Later in the year, Murgon police hope
to hold a reunion for all members who
were stationed at Murgon and
Cherbourg to celebrate the centenary.
Sen-Sgt Guteridge said Murgon now
has 26 police officers, two police
liaison officers and three
administration staff.
“We now have computers, radios,
radars, tasers, capsicum spray, GPS’s
and police cars to help do our job,’’ he
said.
• Plans for the original Murgon Police Station
which included a courthouse, accommodation
& holding cell at rear.
Queensland Police Union Journal July 2010
45
Beyond Reasonable Doubt
Beyond
Reasonable
Doubt
four months detention plus 12 months probation for the
rape charge. A conviction was recorded only for the rape
charge,
The sentencing Judge stated the following three reasons
for ordering detention for the rape charge:
by Calvin Gnech
Legal Officer QPUE
Recording Convictions Part 2 – Juveniles
The recording of convictions is a topic that has received
regular comment by the Queensland Court of Appeal in
recent times, particularly the recording of convictions
against juveniles. The recording of a conviction against
the juvenile is governed by sections 183 and 184 Youth
Justice Act 1992 (previous Juvenile Justices Act 1992).
Section 184 outlines a court must have regard to all of the
circumstances when considering recording a conviction
including:
(a) The nature of the offence; and
(b) The child’s age and any previous convictions; and
(c) The impact the recording of a conviction will have on
the child’s chances of –
(i) Rehabilitation generally; or
(ii) Finding or retaining employment
Serious offences without violence
In R v SBR [2010] QCA 94 the juvenile offender (applicant)
appealed to the Court of Appeal on the basis the sentence
was manifestly excessive including the recording of a
conviction. The applicant was sentenced on a plea of guilty
to three counts of indecent treatment of a child under
12 and one count of rape on his sister. At the time of the
offending behaviour, he was between 13 and 15 years of
age, and his complainant sister was between seven and
ten years of age.
The most significant offence was that of digital rape
causing bleeding from the vagina. The complainant was
talked out of informing her mother by the applicant.
The sentencing judge sentenced the applicant to two
years probation for the indecent treatment charges and
46
Queensland Police Union Journal July 2010
(a) ‘It was digital rape of a girl of eight to nine years, who
is a younger sister by at least five years’;
(b) ‘The insertion of two fingers caused bleeding’;
(c) ‘The applicant knew of his wrongdoing as he asked the
complainant not to tell their mother’
On appeal, a unanimous decision was handed down by
Muir JA with McMurdo and Holmes agreeing and setting
aside the order for conviction.
One may ask why this is considered an offence without
violence, given the circumstances but at [22] of the
judgment Muir JA stated:
The rape was digital and unaccompanied by violence or
coercion, except for the use of the force inherent in the
insertion of the applicant’s fingers.
Muir JA further stated the primary judge’s decision to
record a conviction seemed to have been motivated
principally by the conclusion that rape was ‘a most serious
offence’. This led the Court of Appeal to the conclusion the
principal judge focus on this point led him to give
insufficient weight to ‘all the circumstances of the case.
The Court of Appeal ultimately found the following facts
favoured not to record a conviction and outweighed those
considerations supporting the recording of a conviction:
(a) The pre-sentence report holds out good prospects of
rehabilitation because there has been no re-offending
from 2007 through to the day of sentence on 30
November 2009;
(b) The applicant cooperated with authorities;
(c) The applicant disclosed the conduct constituting
count 1;
(d) The applicant had no criminal history;
(e) The rape was unaccompanied by violence (this issue
discussed previously).
Beyond Reasonable Doubt
Offences of Violence
In R v WAJ [2010] QCA 87 the applicant appeared before
the court on three offences of violence and other
dishonesty type offences. In regards to an assault
occasioning bodily harm in company, the applicant and
one other exited a vehicle and approached two
complainant who were innocently walking along the
street, and without provocation, punched one to the
mouth causing bodily harm. The applicant was sentenced
to 12 months detention to serve 50%.
In regard to a grievous bodily harm charge, the applicant
was drunk and misbehaving at a petrol station when a
stranger mildly intervened to defuse the situation. At this
time the applicant punched the man causing his jaw to
break. The applicant was sentenced to 18 months
detention to serve 50%.
Only four days after the GBH offence was committed the
applicant committed a further assault occasioning bodily
harm on a 14 year old boy who was trying to avoid the
applicant before being punched in the mouth. The
applicant was sentenced to two years probation.
A conviction was recorded for all offences and appealed
to the Court of Appeal. The Court of Appeal discussed the
prima facie position when considering section 183 and 184
Juvenile Justice Act 1992 (now Youth Justice Act 1992)
that a conviction is not to be recorded against a child.
In a unanimous decision the Court of Appeal refused the
application for appeal stating:
Bearing in mind all of the circumstances I have
mentioned, I would affirm the orders made by the
sentencing judge on the ground that the same sentence
should be imposed in the fresh exercise of the sentencing
discretion: see R v KAC [2010] QCA 39 at [17]-[18]. We
were referred to cases where 13 year old children had
committed a violent offence. In R v H [2000] QCA 196 this
Court found it inappropriate to record a conviction for a
violent offence but in addition to that offender’s young
age there were quite strong personal factors favouring
that approach. In R v J [2000] QCA 489 the Court found no
error in the recording of the conviction for a violent
offence committed by a 13 year old boy. At 15 and 16
years of age the applicant was markedly older than H and
J when he committed his offences. Importantly, he
committed not merely one violent offence but three
violent offences, he continued to offend after he was
detected in earlier offences and after he was given a
notice to appear, and he committed the most serious
offence of causing grievous bodily harm whilst he was on
probation ordered less than a month before for earlier
offending involving a threat of violence. The
circumstances of this case call for the exercise of the
discretion to record convictions.
Here, I have case noted two very serious courses of
offending behavior with different outcomes in regard to
the recording of a conviction. It is the case that the
recording or not recording of a conviction still largely lies
at the discretion of the presiding judicial officer and are
very often difficult to overturn on appeal.
R v SBP [2009] QCA 408 at [21]; R v B [1995] QCA 231.
Queensland Police Union Journal July 2010
47
Letters To The Editor
Letters
to the Editor
Letters to the Editor should be no longer than 400 words if possible and sent to: (Letters may be edited for length and clarity.)
PO Box 13008 George Street, Brisbane Qld 4003 Fax: 07 3259 1996 or Email: [email protected]
Dear Editor,
I will make this short and sweet.
I am absolutely disgusted and in
complete disbelief at the current
pay offer on the table for police
officers in this current round of EB
negotiations.
The Fair Pay Commission has just
handed down a 4.8% minimum
wage increase of $26 per week or
$1352 per year to bring the minimum
yearly wage to $569.90 per week or
$29634.80 per year. Again that’s $26
per week.
What is completely
incomprehensible is that the current
Queensland government’s pay offer
of 2.5% is a full 1% less than the
latest projected annual inflation rate
to June 2010 of 3.5%.
Now let’s get this into perspective: at
2.5% a FYC will have his base rate of
pay increase by only $1158. I am sure
I can add this up - what we are being
offered is $194 less than what was
awarded to a person who is earning
$16,714 less. The maths on this
ridiculous offer just doesn’t add up.
Now consider this: our
non-uniformed counterparts were
just given a 4% pay rise over the
next 3 years. This would mean that
the FYC’s base rate of pay will fall
a further 4.5% behind the base rate
of an Administration Officer Class
3 (counter staff). Currently the base
wage for an FYC as at 1 July 2009 is
$46,348 compared to AO3 of $48,197.
For 2010, the FYC base wage will rise
to $47,506 and AO3 to $50,125. For
2011, the FYC base wage will rise to
$48,693 and AO3 to $52,132.
So in reality what this means is that
the gap between the two in 2009
was $1,849; by 2011 the gap will
48
have jumped out to $3,439. It is with
interest that I note that the poverty
line up to the March 2010 quarter
now rests at $646.46 per week or
$33,615 per year.
So, can somebody again remind me
why we all became police officers?
It’s certainly not for the pay and
probably never will be. Oh, and don’t
get me started on how much we
are behind every other state police
service.
Greg Young
Constable
Fortitude Valley
Dear Editor,
As a result of my medical retirement
from the Queensland Police
Service effective 11th June, 2010,
I also tender my resignation from
the Queensland Police Union of
Employees effective the same date.
Thank you to all the members of
the QPUE for their tireless efforts
in assisting those who have needed
support.
My journey within the QPS began in
late 1986, in interesting times. After
almost 24 years it became evident
that I had to distance myself from
service duties.
I have worked with, and beside,
many talented members in the QPS
and other outside agencies. My hat
goes off to all of you who continue
to serve Queensland. Thanks for the
mateship and good luck to everyone
in the future.
Yours faithfully,
Ray Duncan
Sergeant OIC 6639
Bundaberg District SOC
Queensland Police Union Journal July 2010
Dear Editor,
I have recently returned back to
work after a long period of sick leave
having suffered cancer. I would like
to take this opportunity to thank
a long list of people who have
contributed to my recovery.
Firstly, of course, to my wife Sue
without whom I would not be here.
Secondly, I would like to thank
Dr Teng and hospital staff at St
Andrews Private Hospital, Ipswich a facility that I would not hesitate to
recommend to anyone.
I would also like to thank all staff at
the Brisbane Watchhouse for all their
support, well wishes and contact
during this difficult time. I also do
not forget the support from the HSO,
PEER and Chaplain.
I also remember many years ago
when I first joined the Police Force,
as it was known then, and was
advised that there was a sick leave
bank, into which all Police put in a
day’s pay or so each year.
I remember thinking, ‘What a great
idea but I will never have to use that’.
How wrong was I? I will be forever
grateful for that valuable financial
support supplied by them and to all
of you who have contributed to that
worthy cause.
I would also recommend to anyone
who has not done so, join a medical
benefit fund! Personally I have
found the Police Health Fund very
supportive.
This, along with the Sick Leave
Bank, eased the financial burden and
allowed us to concentrate on the
cancer and not whether we could
afford to pay for the treatment of it.
Am I cured of cancer? I do not know.
All I do know is I am happy to be
Letters To The Editor
well enough to return to work, albeit
with some restrictions, but with the
knowledge that I am surrounded by
friends, family and workmates that
have made such a difference. To you
all, a big thank you.
Jeff Armytage
Sgt 2783
BRISBANE CITY WATCHHOUSE
Dear Editor,
Does this seem familiar?
It was announced today that
all newly sworn and serving
officers will receive the following
mandatory sentence imposed by the
Queensland government and media.
Police shall be sentenced as follows:
1) Offenders will be given the right
to silence; you won’t!
2) The courts will view you
impervious to verbal abuse and
obscene language, as a direct result
of being a police officer, because
you can expect that language.
3) Judicial discretion will more likely
be towards the offender before the
victim, community or you.
4) When a colleague does the wrong
thing it will more likely hit the front
page than when a good deed is
done.
5) Little accountability will be placed
on parents, schools, media and the
offender’s actions.
6) The media and government will
scrutinise your every move and
decision often resulting in more
procedures, policy and training.
7) Assaults on you will not be seen
as a serious crime against your
community.
8) The majority of you will be
labelled corrupt, as a result of the
actions of a few.
9) Policing was once a role for the
whole community; now it is up to
you.
10) You are expected to maintain
the high standards of the past,
while the legal, judicial, media and
governments of the day, sit back and
allow our community standards,
values and expectations to be
eroded.
11) Some people will love you for
putting on the blue uniform and
others will hate you with a passion.
12) If you make a false allegation
against someone you will be held
accountable. If someone makes a
false allegation against you, you will
be investigated and have to suck it
up.
13) You do the wrong thing and
you will be punished by the media,
courts and your employer.
The good news is that you will
become part of an amazing group
of people who will help and support
you in serving your sentence.
Just imagine, lying in the sun, when
someone comes along and kicks
you in the dusters. You’d be a bit
upset too. Thanks again and I may
yet return to the QPS fold, sometime
soon.
Tim Thurlow
Ex-Toowoomba, Kuranda &
Atherton
Dear Editor,
I wish to advise of my resignation
from the QPUE due to my impending
retirement on 25 June 2010.
Being a police officer has been an
exhilarating ride with a few speed
bumps thrown in along the way.
Admittingly, there have been one or
two personal disappointments but
I would not have changed it for the
world.
Dear Editor,
I have been part of a continually
developing and evolving police
department from the time I walked
into the police barracks on Petrie
Terrace as a probationary on 7 July
1969 as a 19-year-old.
I apologise for not contacting the
QPUE upon my resignation - my
mind was occupied with other
things.
I have seen wages and conditions
improve drastically from those early
days but that is not to say they are
where they currently should be.
Thanks for all the support over the
years. You’d be a fool not to be a
member of the union in my opinion
-you can’t guarantee that you won’t
get in the s***t for something.
In that regard, I wish the QPUE and
your members every success in
securing a just EB6 agreement.
Athan Ray
Sergeant
Brisbane City Station
I’d just like to offer one piece of
advice on snakes, having served in
Far North Queensland for the last
four years.
Just because a snake is longer than
a Holden Crewman, doesn’t mean
it has the same turning circle - I still
have the stains in a pair of trousers
to prove that.
Also, I wouldn’t kick a snake in the
tail, as was recommended to me by
some joker - it’s apparently where
their genitals are situated.
The young police officers of today
(and I refer to both constable and
NCO ranks) are subjected to a
good deal more scrutiny, criticism,
accountability and complaint not to
mention work load in comparison to
my era and certainly pre-Fitzgerald.
It is not my intention to suggest
unfairly so, but the point I make
is - if the community expect
a professional, efficient and
effective QPS, in conjunction with
transparency and a high standard
of accountability (as they should
expect), then rank and file members
who put on the ‘uniform’ and come
Queensland Police Union Journal July 2010
49
Letters To The Editor
to work 24/7 to achieve those goals
and meet the required standard for
their organisation, have to be given
the necessary tools and reward.
The street, for police officers, can be
at any given time a dangerous place
to work and it is escalating and will
continue to do so.
Apart from the armed forces in a
combat zone, being a police officer
is up there as a very risky business
indeed.
There are not many other employees
in the world who are required to
wear a sidearm when at work and
respond immediately to dangerous
situations.
It has been a privilege to have
worked with so many fine men and
women (both sworn and unsworn).
When my back was to the wall, and
it happens to any of us some time or
another, it was reassuring to know
the ‘uniform’ with you will stand by
your side no matter what. For that I
am grateful.
Thank you to the QPUE for being
there. You are indeed a safety net.
Fortunately, I only had to receive
appropriate advice on one or two
occasions but that in itself relieved a
lot of worry and stress.
To all those members left out there
working to keep the community safe
- God bless, stay safe.
Maintain pride in yourself and the
uniform, maintain belief in your own
judgement and decisions, maintain
the standards required of you,
maintain your tenacity to protect life
and property and last but not least,
bring offenders to justice ensuring
you are acting within accepted
procedure, policy and legislation.
That way you have a better than
average chance with the judicial
system.
Yours in policing
Bob Platt
50
Dear Editor,
It would appear that a suggestion
I put forward in mid-2009 to our
Gympie Union Rep Andrew Bailey
for consideration by the Executive
in EB6 has caused some dispute
between Andrew (February 2010
Journal) and fellow member Douglas
Bettany (April 2010 Journal) to say
the least.
My suggestion was that non-OSA
workers be paid the same overtime
as OSA workers when working
OSA duty ie if a non-OSA worker is
performing traffic enforcement duty
then the officer be paid double time
from the commencement of that
duty, the same as an OSA worker.
Not time and a half for the first three
hours then double time after that.
If the overtime duty is OSA work,
then the officer is paid at OSA
overtime rates.
My suggestion was not put forward
with the intention to disrespect any
other officer’s work or value within
the Queensland Police Service. My
only intention was to get equal pay
for equal work.
I would ask Andrew and Douglas
to quietly put aside any further
disputes my suggestion has created,
and we all work towards a common
goal of better conditions, pay, etc for
all members no matter what their
position or function within the QPS.
I have attempted to have his valued
contribution acknowledged but was
advised by the media department
that this right is only reserved
for Assistant Commissioners
and Commissioners otherwise
they would be having to “do it for
everyone”.
I believe, however, that if not for
the many valued contributions,
efforts, loyalty and work performed
daily by many undervalued and
unacknowledged employees who I
believe form the very foundation on
which the organisation stands, there
would be no pedestal to favour.
I have been one of a significant
many, who have witnessed
the exceptional contribution of
Police Chaplain Gordon Petersen
and believe that he should be
acknowledged.
I would like to also share with you
one particular story which not
only gives you an idea of Gordon
Petersen Police Chaplain but also
Gordon Petersen the man.
At the end of one chapter of an
ordeal through which Police
Chaplain Gordon Petersen stood
beside me, we were advised that the
day of sentencing had arrived.
I decided to attend court as part of
gaining closure so I sat in the gallery
in a place I didn’t really want to be
in, physically or emotionally, but
needed to.
Dear Editor,
Although it was his day off and they
were to have lunch together, Gordon
Petersen and his amazing wife sat
with me. He was there to support me
as he had always done without fail.
The most memorable part of this day
actually did not involve the outcome
of the sentencing.
I have worked for the Queensland
Police Service for nearly 12 years.
During that time I have witnessed
and been on the receiving side of the
amazing work that Police Chaplain
Gordon Petersen has conducted
through his many years as a Police
Chaplain.
At one particular point in time I
saw Gordon discretely look down
at his watch as he had been doing;
only this time he quietly picked up
his wife’s hand and kissed it and
whispered ‘happy anniversary’.
Yes, that was the time that they were
married. I did not know that not only
Regards
Greg Hasenkam
SGT 2232
Gympie District Support
Queensland Police Union Journal July 2010
Letters To The Editor
was he sharing his day off with me,
but also his wife’s time and their
wedding anniversary.
Police Chaplain Gordon Petersen
Thankfully, they made it to their
lunch date. Gordon, that is the most
beautiful memory of that horrible
day, and it showed me that no matter
what is going on around you, the
thing you need to value most is not
what you have but who you have.
I used to see you walking ‘round, HQ
on regular sessions,
My thanks always. It has been an
experience and a great honour.
Happy retirement. You will be greatly
missed but never forgotten.
People like Gordon are a very rare
and valuable find, but they are there
and should be at the top of the list of
acknowledgement for their value and
contributions whether it is in work,
faith or life.
I have also written the following
poem.
Cheers
Jeannie Roberts
Administrative Officer
Dutton Park Police Station
Speak not always welcoming to my
heart, my thoughts or ear,
On Your Retirement
Didn’t know it then, but you would
teach me valuable lifelong lessons.
With humour as your coat of arms,
you’d take on a veritable mess,
My goodness Gordon, how on earth,
did you land in the QPS?
Be it Divine Intervention, or just
plain luck, no matter what the case,
To some of us you will always be our
Lifeline and Saving Grace.
If not for you, your many skills, huge
heart and friend so dear, I say with
all my heart and soul, you’re the
reason I’m still here.
Always straight and to the point, you
say what I need to hear.
Your valued contribution, QPS won’t
tell you so,
Gordon, there are many, not just me,
extremely sad to see you go.
The lives of all, whom you have
touched over years, or just a minute,
Will forever cherish the guiding light,
their life it saw, and put you in it.
Retirement calls you to your wife,
leave QPS at the gate,
The future beckons eagerly,
Farewell and Thanks –
GOOD ON YA MATE!
Not good for some, I say in jest, and
you know who I mean.
You know how to play the game
when rules aren’t easily seen.
Queensland Police Union Journal July 2010
51
QRPA
THE QUEENSLAND RETIRED POLICE ASSOCIATION NEWS – JULY 2010
WEBSITE: www.qrpa.asn.au
By Greg Early, State Secretary
Ph 3863 1180
Email [email protected]
MESSAGE FROM
THE Q.R.P.A. STATE PRESIDENT
M.J. (MICK) O’BRIEN
On 15 June, accompanied by the State Secretary Greg and
his wife, Ruby, we attended the annual luncheon of the
Hervey Bay Branch of the Association with 62 other guests,
including nine members and their partners from Gympie,
and three from Bundaberg. The major sponsor, QPCU,
was also represented by Greg and me, as well as two new
directors, Michael Hocken and John Just. The $500, and
nice array of prizes, donated by the Credit Union, was
put to great use to decrease the cost of the function and
add to the prizes already donated by their own members.
This ensured a most successful luncheon and raffle. I am
confident Police Legacy will benefit from the day.
The highlight of the day was being present when three of
our members received their Queensland Police Service
Medal from Chief Superintendent Laurie Churchill,
representing A/C Graham Rynders. Also representing the
QPS was the Maryborough District Officer, Superintendent
Steve Wardrope.
Gordon Close, Bevan Bradshaw and Jim Collins were very
pleased and proud to receive the medal for their long and
diligent service to the people of Queensland in their many
roles within the Police Force. Our thanks go to President
Grahame Gronow and all the Hervey Bay members for
their friendship and fellowship. Gordon is also currently
organising a reunion of the Oxley Mounted Police Unit of
which he was once in charge.
Another welcome guest at the luncheon was the Parish
Priest of Maryborough, Father Paul Kelly. Grahame advised
that Fr. Paul is the one who has provided wonderful pastoral
care for the members in the District and had recently
officiated at the funerals of retired officers. Fr. Paul is in the
mould of our retiring Police Chaplain, Gordon Petersen. He
has a sense of humour and great respect for the serving and
retired members of the Police Family. Currently, Gordon
is enjoying more farewells than Dame Nellie Melba. At
the Association’s last meeting in Brisbane I was pleased
to present him with a Certificate of Appreciation for the
wonderful work he has done for us over his many years as
a dedicated and hard working Police Chaplain.
You will see below that now that the Queensland Police
Service Medal is rolling out we are putting our little toes
in a deeper and much larger pool to test the waters for
the possibility of obtaining the new National Police Service
52
Queensland Police Union Journal July 2010
Medal for all eligible retired officers. It will take a lot of
work and we will need a lot of assistance. I spoke to Ted
Sorensen MP, the State Member for Hervey Bay, at the
luncheon. He was very supportive and I told him to expect
a letter shortly from Hervey Bay Secretary Geoff Flood.
We can all approach our local, state and federal politicians
(especially now as there is a federal election imminent)
to seek their support and encourage them to lobby their
party for this medal to be made available to our retirees.
Invite them to your meetings and/or latch on to them
wherever you see them. It is certainly justifiable and
the available costs would seem infinitesimal when we
read of the funding being promised across the nation
in the run up to the election.
It has been raised that perhaps the State Secretary could
generate a pro forma letter that can be used as a base for
a branch to compose their own correspondence to the
various people and agencies to gain the federal support
necessary for this project to succeed. Let’s make the
effort.
Branch AGM’s are now happening. Perhaps there are some
new volunteer faces, with new ideas to grow their branch,
and therefore our association, even in an “assistant”
role for the first 12 months or so to allow some of the
current longer serving executive officers to stand down if
they so desire. There is any number of younger members
who could surely spare the little time it takes to help keep
their branches moving along successfully. I will be again
chairing the Townsville Branch AGM on 7/7/10 - another
good reason on that day to also celebrate my 69th
birthday.
Best wishes to all. Please enjoy your retirement more by
making a real effort to attend one or more of the annual
luncheons. The value obtained for just the cost of the meal
and a few raffle tickets is outstanding. (QPCU also now
provides eight x $25 Coles/Myer vouchers to each branch’s
luncheon or dinner raffle). I look forward to seeing many of
you again at Gympie Branch luncheon at the Golf Club on
25 August.
Take care. God bless you and always hold you in the palm
of His hand. Please spare your thoughts and prayers for
those who have passed away and for those who are not
enjoying the best of health.
Take care and God bless.
M.J. (Mick) O’Brien, State President QRPA Inc.
QRPA
FUTURE LUNCHEONS: Gold Coast at Twin Towns Services
Club 20 July 2010, Gladstone at the Dragon Garden
Restaurant on 31 July 2010, Gympie at Gympie Golf Club
on 25 August 2010, Brisbane at Broncos Leagues Club on
13 September 2010, Near North Coast at Caboolture Golf
Club on 15 November 2010, Rockhampton’s dinner at the
Cambridge Hotel on 22 November 2010, Bundaberg at the
RSL Club on 1 December 2010 and Ipswich at Brothers
Leagues Club, Raceview, 16 December 2010.
FUTURE MEETINGS IN BRISBANE: These commence
at 12.30 pm in the ground floor conference room at
Police Headquarters. The 2 August meeting will feature
an address by the Chief Superintendent in charge of
education, recruiting and training and on 6 September
the AGM of the Association will be held, followed by a
general meeting and refreshments.
QRPA HAS ITS OWN WEBSITE: Courtesy of the
Queensland Police Union of Employees, the Association
has its own website – www.qrpa.asn.au. We are gradually
building it up to contain stories by or about Queensland
Police Officers and some photos recording recent events
involving our members.
QUEENSLAND POLICE SERVICE MEDAL: More than 400
applications have been received and more than 100 have
been approved by the Commissioner. Recipients are written
to by the Commissioner and advised that the Police Region
in which they reside will notify them of a presentation
date in due course. It is then up to the Assistant
Commissioner in charge of the Region how the medals
are received by the applicants. So far most have been
presented at medals parades. While a few medals have
been issued in order of receipt, the Honours and Awards
Unit – at the direction of the Commissioner – is now
processing them in age order and currently is working on
former members born in the 1930s.
THE NATIONAL POLICE SERVICE MEDAL: Advice has just
been received that, subject to approval by the Queen,
this Medal will be issued to members in the Australian
Police Forces/Services or who retired there from after
the operable date of the medal – 30 October 2008. I
have been advised by Mark Burgess, CEO of the Police
Federation of Australia, that a decision was taken in early
2008 that the medal would not be available to members
who had retired from policing prior to the operable
date for the medal. This Association has contacted its
interstate counterparts and it is anticipated that
approaches will begin to be made to Federal Members
of Parliament with a view to the medal being issued to
those former police officers who currently will miss out.
Our Branches have been requested to become active in
this regard.
NEW MEMBERS: Former Inspector John Flanagan
(Redlands), former Inspector Denis Roger Houston
(Brisbane), former Senior Sergeant Gary Ian Cotterill
(Gympie), former Sergeant Gregory Paul Barton and
former Constable Margaret Jane Barton (Sunshine Coast)
and former Senior Sergeant Vernon William Walker
(Brisbane).
SENIOR CERTIFICATE: (These are issued to members who
are over 65 years of age and have ten years of financial
continuous membership): Gerardus Stevens and Lance
Frederick Roffey.
OVER 90: Royston Frederick Jones, 91 on 24 June 2010 and
Roy Leslie Hielscher, 91 on 27 June 2010.
RECENT OBITUARIES – May They Rest in Peace.
Life Member: Former Inspector William (Bill) Oliver James
Powell 4 June 2010. Member: Former Sergeant Brian Frank
Lewandowsky 4 June 2010. Associate Member: FMargaret
Mary Kelly, widow of Life Member and Formation Member
(Townsville) Mick Kelly, 13 June 2010. Family: Kathleen
Maureen Pointing, widow of former Superintendent Tom,
14 May 2010, Daphne Norma Dale, widow of Ted, 1 June
2010 and Mary Veronica Degnan, wife of Charles Degnan,
7 June 2010.
WELFARE REPORTS AT BRISBANE MEETING ON 14 JUNE
2010: Brian Murphy was presented with his QPS Medal
on 14 May. He is back in Emmaus Catholic Home, Queens
Road, Nudgee, to which he went only recently. He is very ill.
He has declined to have both legs removed. Terry Walker
has completed his chemotherapy and is now having daily
blood tests with blood transfusions when required. He
seems to be on the mend.
AROUND THE BRANCHES
IPSWICH: Eight members of the Ipswich Branch travelled
by bus to the Toowoomba Branch meeting held at the
Stock Exchange Hotel on Thursday 10 June. The generous
hospitality extended to our members was greatly
appreciated with a great morning tea spread provided
on what was described as a bloody cold day. Members
expressed their congratulations on the content and
conduct of the meeting and the fellowship that followed.
Two raffle prizes were taken down the mountain by our
tour guide and bus driver Trevor Albury while the second
went to Arthur Zillmann. Apologies were received from
Ken Morris who is still recuperating from the new knee
replacement, Ron Lobwein who is suffering from an old
back injury and me, tied down with other commitments.
The next meeting for the Ipswich Branch is scheduled for
11.30 am on Wednesday the 14th July at the Ipswich RSL
Club where the guest speaker will be Mr. Ron Chapman
from the Queensland Caravan and Camping Corporation.
Matt Dale was not able to attend the meeting because
he was representing Rosewood at a bowls carnival. (Ken
Martin)
ROCKHAMPTON: As usual their 2 June meeting was
held at the Cambridge Hotel. President Barry Self gave a
special welcome to Cavill Heywood who had been absent
due to an operation in Brisbane and an applicant, retired
former QPS Clerk, Brendon Jones. Barry mentioned that
he had made another visit to Gladstone Member, Arnold
Mossman, before his discharge from the Mater Hospital.
Queensland Police Union Journal July 2010
53
QRPA
Members were asked to support a memorial bowls day
and memorial ceremony on 21 July 2010 for former
Senior Constable Norm Watt who was killed while
attending a domestic at Rockhampton ten years ago.
The funeral service of Life Member, former Detective
Sergeant Jim Oberle was well attended by Branch
members, their wives and QPS representatives. Their
next BBQ will be held on 19 September 2010 at a location
yet to be decided. June Young is to have a minor knee
re-construction shortly.
FAR NORTH QUEENSLAND (CAIRNS): Our last was a
lunch only meeting at Brothers Leagues Club on 28 May.
Six attended with eight apologies. Our AGM/Luncheon
will be held at Brothers Leagues Club on 30 July 2010
commencing at 11.00 am. Member Ron Pocock is at
home now after a short stay in the Cairns Base Hospital
and Ray Hunter is home from Brisbane. On an extended
tour of Europe and U.K. is member Jock & Enid
MacDonald. (Don Condie)
SUNSHINE COAST: This Branch held its annual
luncheon on 25 May which normally would have been its
monthly meeting day. The Headland Golf Club is an
excellent venue and has great views of the Sunshine
Coast. The luncheon was great in all respects. Good
company, good food and hot and cold drinks to go with
the food. Chief Superintendent Laurie Churchill gave
an excellent rundown on happenings in the North Coast
Region. He mentioned the modern communications
centre at Maroochydore which will soon task cars by
mobile data as distinct from radio. It will cater for
vehicles in the Redcliffe and Sunshine Coast
Districts initially and eventually will take in Gympie,
Maryborough and Bundaberg Districts. He also indicated
that officers in the Region had been most active in regard
to traffic enforcement with a substantial reduction in fatal
accidents. Some social/welfare news: Tom Bishop is
recovering from an operation on his right knee. He
says he has a couple of months to go before he is mobile.
It will be great to see this keen member get back to
meetings. Barry and Desolie Shaw are in the USA on
holiday. Bob Marnane is still on the sick list, as are Nolly
van der Wijk, Kevin Nunn and Dick Keats.
GYMPIE: Their 2 June meeting was held at the Cooroy
RSL Club. A few members were absent due to engaging
in trips. Their wives joined them for lunch and a great
social gathering resulted. Some experiences while ‘in the
job’ were exchanged. This Branch had a complement of
nine at the Hervey Bay luncheon on 15 June 2010 which
was a great effort for a small Branch. Hopefully Hervey
Bay will repay them when Gympie’s luncheon is held on
25 August 2010.
GOLD COAST: We met on 1 June at the Currumbin RSL
Club. Much publicity has recently been given in the
media including television and newspapers about the
alleged injustice involved in the conviction of Shane
Sebastian Davis who was charged and convicted with
the murder of South African tourist Michelle Cohen in
54
Queensland Police Union Journal July 2010
1990. Gold Coast Solicitor Chris Nyst has assisted to
obtain permission from the Attorney General to have
DNA evidence further examined. As I was involved in
the arrest I was asked to speak on the matter. I explained
that in addition to DNA there is a full audio taped
confession, offender’s fingerprints at the scene,
offender’s blood on and under the victim’s watch band
(1-86) and a foot print identical to the joggers worn by
the offender on the victim’s chest, all of which appears
to have been disregarded. Alan Barnes is to have a hip
replacement operation at Robina Hospital on 20 July 2010.
(Des Sorensen)
DARLING DOWNS: Our good news for the month
is that Bob Gray is out of the ICU and is in Ward 41 at
Greenslopes PH. It is reported that there has been an
improvement. In fact he is able to walk with the assistance
of a walking frame but he still wants to come home.
He is very grateful to Pat Swan for his many calls and
visits to the hospital. The luncheon with Ipswich on
10 June went very well and it is great to share the
fellowship with them. And we had a successful day at the
Sunshine Coast luncheon. All our members won a
prize including S/VP Kev Weise who came home with a
fruit tray. Geoff Little’s friend Joyce came with
us and she too enjoyed herself. Hazel Grant is
in the Magnolia House at Blue Care Village here
in Toowoomba and Fay and I saw her on 8 June.
We also saw Iris Horn in the New Mylo Village and
she as well as Hazel looks great even though both
are confined to a wheelchair. We hope to get them out
to a luncheon soon. President Rod Millward reported
on the progress of the memorial wall and he was
supported by me. The concrete will be laid in the week
commencing 14 June, plaques are being moulded and the
flagpole has been ordered. Val Watson is not too well and
is seeing a doctor. Beth Hooper is also seeing a doctor for
her problem. (Graham Hohenhaus)
NEAR NORTH COAST: The Near North Coast Branch held
its May meeting at Suttons Beach, Redcliffe, and it was
followed by a great BBQ. Eight members attended the
Sunshine Coast luncheon at Headland Golf Club on 25
May. We all enjoyed the day. Near North Coast fielded
a team in the Police Charity Bowls Day on 11 June.
We lost the first game by a small margin and won the
second game. Members from our Branch attended the
funerals of John Youngberry at Maryborough and Merv
Bainbridge at Caloundra. Associate Member Louise
Hartwig spent five days in hospital but is now home. (Col
Guy)
BUNDABERG: Our Welfare Officer Ronnie Rooke has been
busy again this month. He has visited Clarrie Kelly and
Darcy Joyce over at the RSL Fairways Village. He reports
that both were pleased to receive a visit from him. He
also drove down to Abington Road near Childers with
Elwyn Jones and visited Col Kellermeier. Cec Bartlett
has also been visited. Rookie had also spoken with Jim
Church only a matter of days before he passed away.
Jim had been stationed at Bundaberg and was 76 years
QRPA
of age. There was a good representation at his funeral
service. Acting Inspector Erwin Hoffman read the
statement of service and I read the Ode to a Police
Officer. Mary Waugh and I were two of the pallbearers.
The Retired Police Bowls Team comprising Bob Hayes,
myself, Doug Hoare and skipped by Graham Caesar
came up against a very experienced team from the
Bundaberg Bowls Club at President’s Day at Woodgate on
Sunday 23 May. The team put up a great fight and came
up winners by a small margin. However, they did not
get the draw for the winners prizes. The Annual Police
Legacy Charity Bowls for 2010 was an absolute blinder.
The day was perfect. One hundred and forty-four
players took to the greens and the final tally came
up over $3000.00 for the first time. President Bob had
amassed around 60 prizes for the major raffle. President
Bob Hayes expressed his thanks to the Branch members
who assisted on the day: to Roley and Joan Dargusch
from Sunshine Coast and the ladies Neta, Marie,
Geraldine, Joan and Cherrol. Thanks also to Margaret
Anderson and others from the Bundaberg Station who
chipped in to assist. (Grannie Pearce)
TOWNSVILLE: Over recent years it has become a
tradition for the Townsville members to travel to
Ingham to hold our June meeting and as usual transport
was organised by Trevor Errington. There were 36
members and visitors present at the meeting which was
held in the Ingham RSL. As usual we stopped at Barbara
and Keith Zupp’s house for a scrumptious morning tea. It
was great to see so many of the Ingham members - Roger
and Aurora Bow, John and Rosemary Pearson, Gordon
and Connie Schultz and Barbara and Keith Zupp at the
meeting. A special welcome was given to Tom Langton
and Terry O’Halloran who have not been able to attend
our recent meetings. Terry was driven to Ingham by his
daughter Linda and “Young” Terrance (Thanks, Linda).
Applications for membership were received from John
Lone from Ingham and Tony Cameron from Bowen and
Judith Cameron applied for Associate Membership. All
were unanimously supported by the members present.
Our guest speaker for the day was Senior Sergeant Jeff
Bormann, the Officer in Charge of the Ingham Police
Station, who gave an interesting talk on his time within
the police service.
HERVEY BAY: Our last meeting was held at the Hervey
Bay RSL Club on 18 May 2010. Our Guest Speaker was
District Inspector Daryl Powell. Daryl gave some insight
to the current crime statistics and future needs of policing
our area. It was pleasing to see Merle Dickens at our
last meeting. On 25 March 2010 Kev Guteridge travelled
up to Bundaberg to be presented with his QPS Medal. It
would have been a proud moment for both Kev and his
son, Inspector Kevin Guteridge, of the Bundaberg District
Office. As this Journal goes to press we will have had
our Annual Luncheon. On behalf of all our members I
would like to thank both Grahame and Lyle Gronow for
the effort they have given in ensuring this event will be
successful. Insofar as our travellers are concerned,
Bob and Dot Summers are still in Europe while Trevor
and Gwen Trost have just returned from a cruise up the
Inside Passage and a trip around Canada.
REDLANDS: They last met on 25 May 2010 at the Redlands
Sporting Club. Eighteen members attended. Due to
the absence of the President on medical grounds, the
Vice President on social grounds, the Secretary on an
interstate family visit and the recent resignation of the
Welfare Officer, the Treasurer, Adrian Hall, officiated
at the meeting with the assistance of the Social Director,
Bob Minette, with the minutes being taken by Leigh Gorrie.
Some discussion ensued on the morning tea put on for
several of their members by Assistant Commissioner
Ann Lewis, Metropolitan South Region. Ann has done
this previously at Rockhampton and her kindness is
much appreciated by our members. The Social Director,
Bob Minette, proposed a BBQ and get together between
meetings. This was held on 16 June at Venman’s Bush
Reserve on West Mount Cotton Road. The Treasurer had
checked the venue out previously.
GLADSTONE: The Gladstone Branch held its June 1
meeting at the Gladstone Police Station complex on
the invitation of District Officer Inspector Graham
Coleman. There were 16 members and guests present
with 26 apologies received. The meeting was short due
to the displays that had been arranged to coincide with
operational training. Members were then given ‘live’
demonstrations of the Taser at work. Members were
introduced to the latest in Watchhouse techniques
including the modern way of fingerprinting using ‘Live
Scan’. We were also given demonstrations on the use
of QPrime. SMC and all State Branch’s should soon be
in receipt of a QRPA Inc car sticker and Order Form with
an accompanying letter. The sticker has the support of
the SMC and is a fund raising initiative with Queensland
Police Legacy Scheme being the major beneficiary. All
orders should be made through the Branch Secretary
Sharon Noy using the postal address on the Order Form.
Welfare Officer Paul Ruge advised that Arnold Mossman
has had a setback and his cancer is more advanced.
Arnold is to receive regular intravenous chemo treatment
at the Mater Gladstone. As usual he is in fighting form
and has received visits from members. Treasurer Gordon
Jones’ wife Heather had her deep brain stimulation
therapy delayed and was scheduled to receive this
treatment on 3 June. Our prayers will be with them
both. Member Glen Josefski underwent surgery in
Brisbane after a check found a spot on his lung. He
is now convalescing at home in Gladstone. John Caterson
had advised that a recent colonoscopy had revealed a
number of malignant polyps. These will be operated
on in the next month. I have had a skin excision on my
cheek tested as a melanoma and I will have a further
excision (Doctor called it a face lift) real soon. Kevin
Kelly advised that he has been diagnosed as suffering
from haemochromotosis (excessive iron content in the
blood) but is OK. Derek Nichols had good results from
his last bone marrow biopsy and his specialist is happy
with the progress he is making. Members agreed that
getting older sometimes has its drawbacks. (Mal Nichols)
Queensland Police Union Journal July 2010
55
QRPA
MACKAY/WHITSUNDAY: At our last meeting we were
regaled by anecdotes from our guest speaker Detective
Senior Sergeant Terry Hanley who kept us entertained
for some time with accounts of the Stock Squad days.
We also discussed the prospect of a more permanent
venue for our meetings and have resolved to make a
decision on that matter at our next meeting. Dennis
Hansen has taken over the reigns as Social Director
and is certainly leading from the front in this role.
The highlight of the past month has been the presentation
of the QPS Medal to Tom Butcher and Col Duncan. Tom
is an inspiration to us all and we thoroughly enjoy his
company each month. Col does an admirable job as
Welfare Officer and of course it was great to see Col’s
police service honoured with the medal. Our fledgling
branch is about to make a decision on its first AGM
details. We are pleased to report that the branch has gone
from strength to strength. (John Frater)
VAN DIEMEN’S LAND (TASMANIA): Hi, again, from
the south. Winter is now well and truly with us with
some decent frosts in the mornings and snow in the
high country. By the time this is published we will have
had our first AGM, on 19 June at the Great Lake Hotel,
Miena. The year has gone very quickly and having
the branch has brought us some great contacts.
We already know of others preparing to make the move
to Tasmania but don’t forget even if you are only heading
down this way for a visit let us know if we can help.
Until next time all the best from those in ‘The Apple Isle’.
(Andy Beasant)
LOGAN/BEENLEIGH: This Branch has ‘Rusty Bulleymen’
as the title of its newsletter. Hereunder is a humorous
bit under the title – DROWN THAT MAN - from the
May newsletter, which refers to none other than Max
Moloney, President of the Branch:
In an earlier life I was considered a fair swimmer
and in the Ithaca pool only Frank Clifford and Jack
Paff could show me the way to the finish. Tom Molloy
made the most of Jack and me using us to
demonstrate the rescue techniques of the times to
the other probationaries. On one occasion prior to
the finish of the swimming season I was swimming
the length of the pool ‘rescuing’ Jack when Tom
apparently
thought
we
were
not
impressing
the onlookers. Tom started calling out that it was
supposed to be a drowning man who was being
rescued, not a floating whale. I thought that I was
doing my part alright so Tom then ‘got up’ Jack telling
him to make the rescue look real. Tom urged Jack to
struggle against me calling out ‘that man – drown –
drown – that man drown now’. Well Jack struggled
all right. He drove his elbow back into my ribs so hard it
knocked the wind out of me. I had enough so I got out of
the pool and that was the finish of the day for us. That
night I was uncomfortable in bed and in the morning
I could not sit up to get out of bed to go back to the
pool for our qualifying session. Later in the day I was
sent to the Brisbane General Hospital (later became Royal
56
Queensland Police Union Journal July 2010
Brisbane Hospital) where they found that I had three
broken ribs. When I returned to the Depot Tom told me I
had failed my swimming examination because I had not
swum on the final day and to this day I am shown as a
‘poor’ swimmer in police records. I still have the document
issued by the very concerned Depot administration
staff ensuring I returned to the Hospital for treatment.
I never did go back as I would rather put up with a few
broken ribs than let them think I was a sook.
All the best to you and your family. Think of a former
workmate or friend who you haven’t spoken to for ages
and give them a call.
Regards,
Greg Early, State Secretary, QRPAI
Paid to travel
to places
tourists only
dream about.
“The opportunity to travel to remote areas
that very few people ever get to see is a
great life experience. One that I don’t
know can be topped by anyone else,”
Brevet Sergeant Cameron Higgins.
From Banana country to Bush country, Cameron Higgins
hung up his fencing contract in Queensland to take on a
role within the NT Police Force. Interested in helping people,
Cameron knew that he had the strength of character to
assist in vehicle crashes or investigate cases to apprehend
offenders. He was certain he had what it takes – he was right.
Brevet Sergeant Higgins is currently the OIC of Avon
Downs where he lives with his wife and 11 year old daughter.
Passing through the region to commence Recruit training
six years ago, he admired the countryside and couldn’t resist
applying when the position was advertised.
“I like it in Avon Downs the most. The area is approximately
149000 square kilometres, bigger than England but minus
the large population. It covers terrain of a dry, sandy desert
to pandanas lined creeks and cattle country.
“The community members in this area are great to work
with as they are very accepting and appreciate the service
we provide.
“The most adventurous part of the job is remote area
patrols. We are lucky enough to be paid to travel to areas
that tourists only dream about. Thankfully, we have the
opportunity to stop and look around from time to time,”
he said.
NT Police Incentives include:
• Free Housing
• 7 weeks Annual Leave
• Great Pay
• Paid Training
• Overtime and Night Shift Allowance
Whilst he would never claim to be a hero, Brevet Sergeant
Higgins has had his share of brave actions.
He has run into a burning house to ensure there was
noone inside. He has also jumped onto a moving truck and
steered it into an embarkment after it crashed into a fatal
crime scene due to brake failure.
“It’s just what you do. We are part of the community in
remote areas.
“The Northern Territory Police Force provides freedom to
progress. There’s a “have a go” attitude and great camaraderie.
“The opportunity to travel to remote areas that very few
people ever get to see is a great life experience. One that I
don’t know can be topped by anyone else,” he said.
Applications Close: 17 September 2010
Assessment Centre in your capital city:
9/10 October 2010
Commencement: 7 March 2011
NT Police
Call 1800 005 099 or visit www.police.nt.gov.au