Senior constable Graham Atkinson appeals disciplinary action
A Sunshine Coast police officer who drove recklessly, sometimes at more than double the speed limit, during a police chase in suburban Maroochydore streets has had a win in court.
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A Sunshine Coast police officer who drove recklessly, a Tribunal heard, sometimes at more than double the speed limit, during a pursuit in suburban Maroochydore streets has had a win in court.
Sunshine Coast senior constable Graham Atkinson filed an appeal in the Queensland Civil and Administrative Tribunal arguing a demotion he received was “manifestly excessive”.
Senior Constable Atkinson had been demoted from senior constable to constable by the Crime and Corruption Commission for six months after engaging in a pursuit involving a stolen car.
According to the QCAT documents, constable Atkinson drove recklessly while pursuing a stolen Kia through Maroochydore in April 2020. He was never charged with any criminal wrongdoing.
“At one point the driver of the Kia drove onto the wrong side of a divided road, and the applicant followed; at another point the driver of the Kia drove on the incorrect side of the road, but the applicant followed on the correct side of the road,” the court documents state.
“The pursuit was at high speed, well over the speed limits, sometimes at more than double the applicable limit.”
Senior constable Atkinson also drove through red lights sixteen times without coming to a complete stop, it was revealed in the documents.
“It was obvious that at times there were other vehicles around, and occasionally pedestrians, but that in general the traffic was quite light,” the documents stated.
QCAT member John McGill alluded to rules regarding red lights and police pursuits as being “silly”.
“I consider that the red light rule should be reconsidered by the Commissioner, or perhaps by the new Police Minister,” Mr McGill said.
“Nevertheless, the Police Service is a body under discipline, and it follows that orders must be obeyed, even the silly ones.”
Mr McGill said the length of Atkinson’s 35 years of service with the police force should not be considered as an aggravating feature in the penalty.
“In oral submissions the CCC said that the length of service of the applicant made the conduct more serious, because his experience should have made him more conscious of the policies, and more used to applying them,” Mr McGill said.
“There is that, but on the other hand, he did a lot of creditable police work during that period, and it means that his disciplinary issues were more unusual.
“I think it is a mistake to treat his length of service just as an aggravating factor.”
The court documents stated senior constable Atkinson had been demoted in the past for another police chase.
Ultimately, Mr McGill said the penalty handed down to Atkinson was “out of line” with similar cases and ordered the six-month sanction be adjusted to reflect three months instead.
Given the sanction had already passed at the time of the decision, Mr McGill there would be an “adjustment” to the financial consequences senior constable Atkinson had faced.
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