Police accused of serious crimes, like DV, should be investigated by CCC or cops from other districts, lawyer says
Gold Coast police accused of serious offences like domestic violence should be investigated by the state’s corruption watchdog or officers from other regions, a leading lawyer says.
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GOLD Coast police accused of serious offences like domestic violence should be investigated by the state’s corruption watchdog or officers from other regions, a leading lawyer says.
Ex-Queensland Law Society president Bill Potts described domestic violence as a “silent killer” and wants investigations “to be done in an independent and transparent way free from any perceived or actual bias”.
The experienced Southport lawyer’s call for an independent process to manage police complaints follows a Bulletin investigation revealing potential conflicts in an internal Queensland Police Service case.
A female staff member had complained of not being supported when she sought to take out a domestic violence order against her husband, a Gold Coast cop.
The QPS insists there were separations in the investigations but the Bulletin found the senior officer involved in the woman’s initial complaint was later appointed to the Ethical Standards Command review. The woman abandoned court proceedings after experiencing what she believed was a lack of support from colleagues.
The Bulletin did not accuse the senior officer of wrongdoing regarding the domestic violence investigation, rather it was questioning his appointment to the internal police inquiry later.
Mr Potts called for reforms of the policing system. He said the work of police was important and difficult but their “independence transparency and professionalism is undermined when this perception becomes an accepted norm”.
“When police investigate police and when decisions are made by police not to prosecute, there is always going to be a perception of bias,” he said.
“It is for this reason that I’ve long called for when there is an investigation of police that it be done either by the Crime and Corruption Commission or by officers from another district.
“My view is in all aspects of society, where there is investigation by anybody, any group about any topic, there has to be transparency and integrity in the systems otherwise they fall into disrepute.”
In the Bulletin’s special report this month, the woman sought from police a domestic violence order but was unsuccessful. She later was given a private order at Beenleigh Magistrates Court.
She ultimately withdrew her application and the couple then entered into an agreement with the same contact provisions in the temporary order.
The woman wrote that “one of the factors” in her deciding not to proceed further with the case “was the lack of support I’d received by the police service”.
The documents have since been submitted to the Women’s Safety and Justice Taskforce undertaking a wide ranging review, including domestic violence.
Gold Coast police: Woman slams lack of support
A Bulletin special investigation has found a senior officer involved in the woman’s initial complaint – Senior Sergeant Troy Lehmann – was later appointed to the Ethical Standards Command’s (ESC) review into the matter.
The Queensland Police Service (QPS) insists there were “separations in regards to the investigations”, Sen-Sgt Lehmann was not asked to review his own investigation and the ESC reaffirmed his decision not to pursue the matter based on a lack of evidence.
Sen-Sgt Lehmann is now in charge of the bikie-busting Taskforce Maxima.
The Bulletin is not accusing Sen-Sgt Lehmann of wrongdoing regarding the domestic violence investigation, rather questioning his appointment to the internal police inquiry later.
The woman first went to police in January 2018 alleging she was receiving harassing messages from her ex-¬husband. She says she was forced to successfully pursue a temporary protection order outside the region.
The internal ESC probe looked into allegations of failure of duty to investigate and unprofessional personal conduct by the officer accused of domestic violence.
The woman’s grievances were outlined in an affidavit filed to the Queensland Industrial Relations Commission as part of stop-bullying action by then Senior Constable James Treanor against the QPS.
The case ceased because Mr Treanor was medically retired, but in the past week the file and other police reports have been submitted to the Women’s Safety and Justice Taskforce undertaking a wide-ranging review, including domestic violence.
The file was released by the Commission after the Bulletin made a request.
The woman wrote that “one of the factors” in her deciding not to proceed further with the case “was the lack of support I’d received by the police service, and my despondency in the ability to have an order enforced”.
In the five days following her complaint at a Coast police station in January 2018, the woman alleged in her affidavit:
● For three days she requested who would investigate her complaint because she had asked for the allegations to be investigated by “someone who does not know” her ex-husband.
● Was told by her ex-¬husband’s former girlfriend that he had been told of the complaint.
● Was never interviewed in ¬relation to the allegations or the history of the relationship.
● That she received a call from a Troy Lehmann who stated, without specifying his rank or position, that he had spoken to the ex-husband – who had made counter allegations – and decided that the complaint did not meet the requisite threshold of domestic violence.
● Troy Lehmann did not offer her a “referral”, or give her advice on why her complaint did not meet the threshold and failed to explain “what the counter allegations were”.
In February 2018, the woman again requested a DVO at the Coast station after alleging further harassment. It was denied.
“I was informed that because my complaint from January had been found to be no-DV that the history prior to that time of my 21-year relationship and conflict since separation was not relevant. I was told it was no-DV on that ¬occasion,” she wrote.
On March 5, the woman applied for a private DVO at Beenleigh Magistrates Court and was given a temporary protection order, with full no-contact provisions. She provided details of harassing messages on two occasions.
“I need an urgent order to stop him using threatening, harassing and bullying messages,” she wrote in the protection order.
On the grounds for the order, she provided more than two pages of details covering five incidents of alleged physical abuse, sexually abusive behaviour, emotional and psychological abuse, financial abuse, and threatening and coercive behaviour dating back to 1996.
A week later Magistrate Brian Kilmartin signed off on some variations that included her ex-spouse not approaching within 100m of her ¬property.
In May, the woman reported an alleged breach of the order to officers at the Coast station. “No police officer has contacted me in relation to that complaint,” she said in her affidavit.
In September of that year the woman went to Beenleigh police station and made allegations of breaches of the temporary DVO.
“I was referred to make a private application to vary due to the matters raised, which I did,” she wrote.
“I requested that the investigation be kept out of the Gold Coast district.
“I made a request to be informed of who the investigator was.
“At no stage was I interviewed in relation to my complaint or informed of who the investigator was during the ¬investigation period.”
The woman alleges she received a call a month later from a senior officer at another Coast station and told the matter had been investigated, that he had spoken to her ex-¬husband and “there was insufficient evidence to support the breach complaints”.
In a letter to the woman in November, addressing the “internal complaint generated” by the QPS, then-Acting Chief Superintendent Craig Hanlon wrote: “Essentially you alleged (your ex-husband) committed acts of domestic violence against you. You also alleged you attempted to report these matters to police at the (Coast) station, however police failed to apply a domestic violence order on your behalf.
“Senior Sergeant Troy Lehmann conducted assessment inquiries in relation to this matter. Inquiries failed to identify any evidence to support your allegations.”
The private application was heard in the Beenleigh Court in October with no orders made, he added.
The woman had withdrawn her application. The couple then entered into an agreement with the same contact provisions in the ¬temporary order.
“I have determined there is insufficient evidence to support the allegations, subject of both complaints. Therefore, no further action will be taken in relation to these matters,” Supt Hanlon wrote.
Documents from the police internal investigation, obtained by the Bulletin, show Sen-Sgt Lehmann had backed findings of a Coast officer that the initial domestic violence allegations made in January by the woman did not meet the threshold for a police application.
He noted that the alleged assault was not included in the initial evidence presented.
“Based on the scant information provided and no other corroborating evidence, there is insufficient evidence to substantiate the allegation,” he wrote.
Asked if it was the Coast district office or the ESC which approved Sen-Sgt Lehmann’s appointment to investigate internal review matters, the QPS said: “The district allocated the case officer.”
The ESC determines whether a complaint is retained by the command for assessment or transferred to the district for investigation.
“If the ESC determines that it is appropriate for the matter to be investigated within the relevant district, the file is assigned to the district,” the QPS said. “The district is then responsible for the investigation and will appoint a suitable case officer.”
Asked how Sen-Sgt Lehmann could be selected when he was an officer investigating the original domestic violence complaint, the QPS said: “The senior sergeant was assigned to investigate the discipline conduct on the part of the respondent only in this matter.
“There was a separation in regards to the investigations conducted into – any disciplinary conduct by the respondent (conducted by the senior sergeant) – and the complaint regarding the police investigation into the domestic violence incident considered by the PPM – (professional practices manager) – with oversight by the DO (district officer).”
If you or someone you know is experiencing sexual abuse or family violence contact 1800 RESPECT on 1800 737 732
Don’t go it alone. Please reach out for help by contacting Lifeline on 13 11 14
Men who have anger, relationship or parenting issues, should contact the Men’s Referral Service on 1300 766 491
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