Becke and Commissioner of Police (No 4) [2010] NSWIRComm 74

Industrial Relations Commission of New South Wales

CITATION: Becke and Commissioner of Police (No 4) [2010] NSWIRComm 74

PARTIES: Samuel James Alan Becke (Applicant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 567 of 2009

CORAM: Staff J

CATCHWORDS: Removal of police officer - review of order - whether removal harsh unreasonable or unjust - onus and standard of proof in review proceedings - allegation of misconduct and criminal offences - criminal charges withdrawn - Commissioner alleged applicant misconducted himself by engaging in inappropriate conduct of a sexual nature towards a female whilst on duty - misuse of official New South Wales resource by transporting a civilian in police vehicle - leaving Local Area Command without informing dispatcher - failing to record transporting a civilian on vehicle tasking sheet - inconsistencies in evidence of applicant - inconsistencies between evidence of applicant and complainant - evidence of contemporaneous complaint - credibility of applicant - evidence of complainant preferred - applicant guilty of misconduct - removal not harsh unreasonable or unjust - application dismissed - suppression order made re non-publication of name of complainant and her husband or any material capable of identifying them

LEGISLATION CITED: Crimes Act 1900 Police Act 1990

Commissioner of Police v Alyson Reid-Frost [2010] NSWIRComm 2 Commissioner of Police v Dobbie (2006) 157 IR 44 Commissioner of Police v Sewell (2008) 180 IR 91 Flanagan v Commissioner of Police (2008) 180 IR 85 CASES CITED: Hosemans v Commissioner of Police (2004) 138 IR 159 Miller v NSW Commissioner of Police [2002] NSWIRComm 296 R v H (1997) 92 ACrimR 168 Starr v Commissioner of Police [2001] NSWIRComm 226 Toshack v Commissioner of Police (2009) 181 IR 420 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454