Cop who left deaf Aboriginal child in back of a paddy wagon says his punishment was unjust

The senior constable accidentally left the eight-year-old in the back of the police paddy wagon for more than an hour.

Senior Constable Michael Writer outside Lismore Court in 2017.

A police officer who left a deaf Aboriginal eight-year-old boy in the back of a police car for almost an hour says his punishment was “unjust”.

On April 13, 2016, Senior Constable Michael Writer, stationed at Coraki Police Station, responded to an malicious damage incident near Box Ridge Mission.

There, with another officers, they picked up two children and placed them into the police pod.

One child was returned to his mother, however the other child’s mother could not be located.

The two officers returned to the police station but “forgot” the other child was in the vehicle, and he was left alone for about 50 minutes.

Senior Constable Writer and the other officer were found guilty of leaving a child in a motor vehicle causing emotional distress in the Lismore Local Court in 2017 where they received a good behaviour bond and no criminal conviction.

Immediately following the incident Senior Constable Writer was assigned to Ballina Station and the other officer to Lismore to “protect both officers from negative community sentiment and potential community backlash and also to provide both officers additional support and supervision”.

In August 2018 Senior Constable Writer was served notice to show cause why he should not be subject of reviewable disciplinary action following the incident.

He was given notice his salary increment would be deferred for 12 months and he would be transferred to Newcastle Police Station.

This was implemented in 2019 – a punishment Senior Constable Writer fought on the grounds it was “harsh, unreasonable or unjust”.

The matter was heard by the Industrial Relations Commission in August 2020 before Commissioner Damian Sloan.

Senior Constable Writer told the commission he accepted the salary punishment however took issue with the transfer to Newcastle, noting he had a partner, children, a home and car loan based in Lismore and would not realistically be able to commute to Newcastle at the beginning and end of every shift.

In his submissions he said the order should be set aside as he already had transferred from Coraki to Ballina, meaning this would be a “double punishment”.

However this was not accepted as there was no evidence the initial transfer was disciplinary.

Further evidence suggested a strained relationship with the Richmond Police District and the Aboriginal community with animosity directed towards Senior Constable Writer.

Commissioner Sloan found that Senior Constable Writer had not proven a disciplinary transfer would be harsh, unreasonable or unjust, but agreed the move to Newcastle was.

Instead, an order was made that Senior Constable Writer’s salary increment be deferred for 12 months and he would be subject to a disciplinary transfer to Grafton Police Station.

Originally published as Cop who left deaf Aboriginal child in back of a paddy wagon says his punishment was unjust