Senior cop who ‘fled crash while drunk’ should be sacked, investigation finds

As an investigation recommends a senior cop who allegedly crashed a work car drunk be sacked, Police Commissioner Karen Webb defended her decision not to refer the case to the corruption watchdog until November.

A senior NSW police officer who allegedly fled the scene after he crashed a work car while drunk was given special treatment by his commander and should be sacked, an independent investigation has recommended.

Police Commissioner Karen Webb has defended her decision not to refer the incident involving “Officer AB” to the Law Enforcement Conduct Commission (LECC) until six months later, despite finding out about it “shortly after it happened”.

By the time Commissioner Webb referred the incident — that allegedly saw AB have 23.5 standard drinks and then crash his police car in the NorthConnex tunnel, and then flee the scene — to LECC, anonymous complaints had already been received from a number of officers alleging a cover up.

Ms Webb said she referred the incident to LECC in November, and denied she was part of any cover up.

Commissioner Karen Webb has been urged to issue guidance to her officers around the use of encrypted applications and the deletion of messages from police issued phones.

“I hadn’t heard that allegation (of a cover up) until about November, but as soon as I heard it, I referred to it LECC,” she said.

Ms Webb said she took the findings “very seriously” but wouldn’t admit the officer had been subject to special treatment.

“Special treatment hasn’t led to special treatment that they don’t go to court that officer is before the courts on a serious matter,” she said.

“That is not special treatment.”

Following the release of the report, Ms Webb said it was a “dark day” for police.

On the night of the crash, it’s alleged AB called his superior and said: “I stuffed up”.

He claimed on the call he had fallen asleep at the wheel and his phone was flat.

Despite LECC recommending the officer’s sacking, Ms Webb confirmed he was still being paid – and had referred the decision to the Professional Standards Committee for investigation.

“The officer is currently not in the workplace … we need to follow a process,” she said.

“Professional standards will complete their internal investigation parallel to the criminal matter before the courts and I have no doubt that I will be asked to consider his employment under Section 181 of the Police Act, which is termination.”

“The general public wants to know if a police officer is dealt with in the same way as the ordinary citizen. But there is a second important audience. Other NSW Police Force officers watch to see if senior officers are dealt with in the same way as junior officers,’’ said Chief Commissioner Peter Johnson SC when handing down his findings today.

The Commission found the Officer known as AB was treated more leniently in the way in which he was managed by his Commander and in the police review of his driving.

“If there is not equitable treatment of all police, it can lead to dissatisfaction in the ranks of the police generally,” he said.

The name of the officer is suppressed by orders of the local court.

Findings of Operation Harrisdale conducted by the LECC were tabled in parliament on Thursday.

It found the senior NSW Police Force officer attracted one finding of serious misconduct for deliberately leaving the scene of the crash he caused in Sydney’s NorthConnex to avoid being breath tested.

It also made a second serious misconduct finding against the officer for being deliberately dishonest in his answers on the insurance claim form for the car he crashed, the report noted.

The Commission urged the NSW Police Force to amend its insurance forms to place a positive requirement on officers to disclose alcohol use when making an insurance claim, one recommendation in the report read.

However it found no evidence of interference with the police investigation of the car crash which led to the officer being charged.

There was some criticism acknowledged by police that a media release should have been issued after the accident.

The NSW Inspector crashed his car in the NorthConnex last May.

It said the failure to inform the public while not involving impropriety has damaged the reputation of the NSW Police Force.

The report highlighted concerns many NSW Police Force officers automatically delete work-related electronic messages and whether this was consistent with statutory regimes dealing with record retention.

It was recommended Commissioner Karen Webb has been urged to issue guidance to her officers around the use of encrypted applications and the deletion of messages from police issued phones.

There are also Local Court suppression orders in place prohibiting the disclosure of the identity of Officer AB for 40 years. There shall be no disclosure including by way of publication of any information that identifies or tends to identify Officer AB.