Daniel Stewart Toon is charged with trafficking meth in Mackay

The Queensland Police Commissioner has been directed to appear in a Mackay court and explain why one of her officers has shown ‘contempt’ for a magistrate’s orders.

The Queensland Police Commissioner has been directed to appear in a Mackay court and explain why an officer has shown “contempt” for a magistrate’s orders in relation to a case of an alleged meth trafficker.

Daniel Stewart Toon, 43, is facing nine charges including trafficking methylamphetamines between August 2020 and January 2021 and aggravated drug possession.

It is alleged the offending occurred in October 2019, and between August 2020 and January 2021 in Mackay.

Magistrate Damien Dwyer has ordered Commissioner Katarina Carroll to appear in his court and explain why one of her officers failed to follow another magistrate’s directions pertaining to the case.

Queensland Police Commissioner Katarina Carroll has been ordered to appear in a Mackay Magistrates Court. Picture: Zak Simmonds

Mackay Magistrates Court heard an order had been made for unredacted documents to be produced.

When the case was mentioned on Monday prosecutor Sergeant Paul Cramp said he was not in possession of these unredacted documents.

“Why not?” Mr Dwyer asked.

“I’ve never seen the material because it hasn’t been provided to me,” Sergeant Cramp said.

Mr Toon’s barrister Joshua Morris, instructed by McKay’s Solicitors, made an application for the arresting officer to file an affidavit explaining why he had not complied with a magistrate’s order.

However Mr Dwyer said the court order had been for the commissioner of police, not the arresting officer.

“So I’ll order for the Commissioner of Police to appear … to show why there’s been contempt of Magistrate Hartigan’s orders,” Mr Dwyer said.

Magistrate Damien Dwyer has order the Queensland Police Commissioner to appear in his court and explain why one of her officers did not comply with a court direction.

Sergeant Cramp told the court it had not been “an action of contempt”.

“Yes is it,” Mr Dwyer said, before reading the court order which details “that the Queensland police produce in a sealed envelope unredacted copies of the following documents”.

“It hasn’t been done.

“It’s … contempt in my view.”

Mr Morris said alternatively police could produce the material before the next mention date.

Mr Dwyer said under the legislation Commissioner Carroll was to appear before him in Mackay Magistrates Court “for the purposes of providing instructions to the prosecution why documents forming part of magistrate’s orders are late, not done or incomplete”.

The case will be mentioned again on July 11.