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Probe launched after cop faked breath test on senior colleague’s drink-driving son

An internal review has been launched after a country cop admitted he turned his handheld breathalyser around so it wouldn’t register a reading when he discovered the driver he’d pulled over was the son of a police sergeant.

NSW policeman sprung for dodgy breath test

An internal review has been launched after a NSW Police officer faked a breath test when he caught the son of his senior colleague drink driving on a country road in the state’s southwest.

Senior Constable Tom Harper has pleaded guilty in the NSW Local Court to not carrying out his lawful duty as a police officer when he pulled over the driver at Narrandera last August.

The Daily Telegraph can today reveal details about the incident and subsequent police investigation, despite the force’s media unit failing to put out a release in line with their policy.

Harper was patrolling the regional roads about 10.30pm on August 11 when he pulled over the son of a NSW Police sergeant, who admitted that he had been drinking.

It is understood Harper told the driver to count to ten but turned his handheld breathalyser around, aware that it would not register a reading – and allowed the man to drive off into the night.

Senior Constable Tom Harper pleaded guilty in the NSW Local Court to not carrying out his lawful duty as a police officer when he pulled over the driver at Narrandera last August.
Senior Constable Tom Harper pleaded guilty in the NSW Local Court to not carrying out his lawful duty as a police officer when he pulled over the driver at Narrandera last August.

While the incident occurred in August the officer did not self-report until three days later after word of the story began to spread around Narrandera and local towns, with sources saying the driver was openly talking about how he had been let off by Harper.

“The story was getting around and people knew what had happened, including other senior cops,” a local said.

A local investigation was conducted into the incident, but despite charges being laid in February 2024, Harper was never suspended from duty.

Deputy Commissioner Paul Pisanos acknowledged the miscommunication within the ranks and vowed to get to the bottom of it.

“There’s definitely been some breakdown in terms of communication up the line and I intend to get to the bottom of how that happened,” he told 2GB’s Ray Hadley

Initially charged with one count each of pervert the course of justice and police officer neglect lawful duty, the former charge was withdrawn following a guilty plea to the second offence.

On Wednesday, when the Daily Telegraph broke the story, NSW Police issued a statement, which confirmed the incident, and said an internal investigation into the matter has been completed, and the matter remains before the court.

“NSW Police Force will monitor the outcome and review the officer’s employment status,” the statement continued.

The statement did not address questions of why a media release was not issued when the charges were laid.

Harper is due to be sentenced before Griffith Local Court on Friday.

However, in a follow up statement released on Thursday NSW Police said it has “established a review into all aspects relating to a police officer being charged following a traffic incident in August last year”.

“The review will include employment status and the way the matter was managed.”

Meanwhile, The Deputy Commissioner suggested that Senior Constable Harper will not be on duty until an outcome is made.

“The officer’s interim duty is going to be reviewed forthwith and I am confident you won’t see the officer at a festival or otherwise this coming weekend,” he said.

The incident follows accusations of an unrelated cover-up last year when a senior member of the NSW Police hierarchy was last year charged with drink driving.

The 46-year-old man was charged in November with high-range PCA over an incident in May.

NSW Police Commissioner Karen Webb. Picture: Jeremy Piper
NSW Police Commissioner Karen Webb. Picture: Jeremy Piper

Again, no press release was issued at the time, which Commissioner Karen Webb blamed on legal reasons delaying the investigation.

“Any suggestion that there’s a cover-up or interference, I reject,” Commissioner Webb said.

NSW Police were also criticised for not mentioning the use of a taser in an incident involving 95 year-old nursing home patient Clare Nowland in Cooma last year.

Ms Nowland died during an arrest, but the press release sent out by the NSW Police Media Unit did not mention the use of a taser.

Police officer Kristian White has pleaded not guilty to manslaughter over her death, and will face trial in November.

Original URL: https://www.dailytelegraph.com.au/news/nsw/cop-faked-breath-test-on-senior-colleagues-drinkdriving-son/news-story/64feae4fa93bbd89cfa7e42eebfc263c