Court action for former cop who dobbed in a colleague for oral sex in police car

A senior police officer and junior officer who allegedly had oral sex in a carpark, breached the trust bestowed on them not to misuse police cars, a court has been told.

A SENIOR police officer and junior officer who allegedly had oral sex in a carpark, breached the trust bestowed on them not to misuse police cars, a court has been told.

Dan O’Gorman, counsel for former Gold Coast whistleblower cop Rick Flori, who reported the sex act in a Red Rooster carpark, described it as “a gross act in a public place”.

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Mr Flori is seeking to have his anonymous report of the oral sex during work hours in 2009 declared a public interest disclosure.

He has launched a $1.3 million lawsuit against the State of Queensland and eight ex-colleagues for “whistleblower reprisal”.

In the Supreme Court, Mr O’Gorman argued that Mr Flori’s letter could have resulted in a finding of official misconduct or a criminal charge against the officers.

But Chief Superintendent Glenn Horton said in a court affidavit he had never known of any officers dismissed for giving or receiving fellatio in a police car, or elsewhere.

The conduct described in the letter, even if substantiated in a disciplinary hearing, would not have resulted in either officer being dismissed, he said.

Former cop Rick Flori.

“In late 2009 (male Senior Sergeant) was seen at Red Rooster at Robina by (two officers) in the Gold Coast District duty officer police car,” Mr Flori’s anonymous letter said.

“It was obvious that (the female Constable) had her head in (the Senior Sergeant’s) lap, giving him a head job.”

The letter, tendered in the Supreme Court, went on to say that Southport police believed special attention had been given to the female officer by district duty officers.

“I can see the headline. Senior police officer receives fellatio in police car,” the letter said.

Mr O’Gorman said the sexual activity referred to in Mr Flori’s letter involved a breach of trust given to police officers to only use police vehicles for work and not personal use.

He said the officers who engaged in the sexual conduct could have been charged with committing an indecent act or unlawful use of a motor vehicle.

Kerri Mellifont, QC, counsel for the State of Queensland and eight officers being sued by Mr Flori, said the letter did not meet the requirement for a public interest disclosure.

Ms Mellifont argued the conduct described in the letter did not amount to misuse of a police car and there was no breach of trust involved in a liaison between two colleagues.

Mr Flori was last year acquitted of misconduct after leaking footage of the bashing of young chef Noa Begic in the bowels of the Surfers Paradise police station in 2011 to The Courier-Mail.

Shocking CCTV footage showed a handcuffed Mr Begic being bashed by

officers and his blood washed away with a bucket.

During the raid on his home, Ethical Standards Command officers found

his anonymous letter about the oral sex in a police car in a Red Rooster car park.

The officers involved largely escaped punishment. Mr Flori resigned from QPS last year.

Justice Helen Bowskill reserved her decision, after hearing the application.