Naomi C’Ann Shearer wins appeal battle against Crime and Corruption Commission

An ex-Sunshine Coast cop caught up in a Victorian officer’s breath test scandal has been found not to be dishonest after a battle with the Crime and Corruption Commission.

Naomi C’Ann Shearer, who is no longer with the Queensland Police, was accused of corrupt conduct by the Crime and Corruption Commission, after it was alleged she had been dishonest during a disciplinary interview in 2016.

A former Sunshine Coast police officer, embroiled in a scandal over her colleagues’ decision not to breath test a Victorian cop in 2016, has won a second battle against the state’s independent crime body with a tribunal finding she had not been dishonest.

Naomi C’Ann Shearer, who is no longer with the Queensland Police, was accused of corrupt conduct by the Crime and Corruption Commission, after it was alleged she had been dishonest during a disciplinary interview in 2016.

It came after the former Detective Senior Constable was present when colleagues did not conduct a roadside breath for a now-retired Victorian police officer, who was holidaying on the Sunshine Coast at the time and when pulled over told officers he had recently drunk two glasses of wine.

Ms Shearer never contested the allegations and pleaded guilty in Brisbane Magistrates Court to one charge of refusing to perform a duty as a public officer on December 5, 2018.

The matter was then taken to the Queensland Civil and Administrative Tribunal, where the Queensland Crime and Corruption Commission asked QCAT member Ann Fitzpatrick to find Ms Shearer had engaged in corrupt conduct during her disciplinary interview over the scandal.

Naomi C’Ann Shearer, who is no longer with the Queensland Police, was accused of corrupt conduct by the Crime and Corruption Commission, after it was alleged she had been dishonest during a disciplinary interview in 2016. Picture: 7 News

They said Ms Shearer had been dishonest in saying she did not intend to give advice to the officer in charge of the breath test or to tell them what they should or shouldn’t do and was dishonest in saying the only input or advice she gave that night was to move the police car and other car because they were in an unsafe area.

Ms Fitzpatrick ruled in favour of Ms Shearer and said she had not been dishonest in her interview.

More than a year later, in August 2022, the Commission attempted to appeal the decision in front of Queensland Civil and Administrative Tribunal (Appeals) senior member Professor Ned Aughterson.

The Commission put forth three arguments, the first claiming the two statements subject to the corruption allegations did not corroborate with her entire statement during the interview, but Professor Aughterson said there was no specific indication on where this was evident.

The second argument claimed Ms Fitzpatrick had misinterpreted a specific section of the Crime and Corruption Act during the first QCAT proceeding in 2021.

They claimed Ms Shearer’s alleged dishonesty could have interfered with the investigation into the breath test scandal and potentially led to a “disciplinary charge” being dropped.

Professor Aughterson said the Commission had not shown how Ms Shearer’s alleged dishonesty specifically could have interfered with the investigation.

Lawyer Calvin Gnech told the Sunshine Coast Daily Naomi Shearer (pictured) was “obviously pleased with the outcome” of the appeal.

Thirdly, the Commission appealed Ms Fitzpatrick’s decision to not terminate Ms Shearer’s employment with the Queensland Police Service, claiming she should have been fired for being dishonest during the disciplinary interview.

But Professor Aughterson agreed with Ms Fitzpatrick’s first ruling that Ms Shearer had not been dishonest, and maintained Ms Shearer should not lose her job.

He rejected all three grounds for appeal and the appeal was dismissed.

Ms Shearer’s lawyer Calvin Gnech told the Sunshine Coast Daily his client was “obviously pleased with the outcome”.

“(She) is looking forward to the matter finally being resolved as it has now been going on for almost six years,” he said.

Mr Gnech said it was highly unlikely Ms Shearer would launch a defamation case against the Commission, given the complicated nature of the situation and the lack of grounds to do so.