Superintendent Michelle Stenner walks free after being acquitted of three perjury charges

A police superintendent has been acquitted of three perjury charges alleging she had given false testimony during a Crime and Corruption Commission investigation, walking free from court after her second trial.

A police superintendent has been acquitted of three perjury charges after a District Court judge directed the jury to return not guilty verdicts.

On the fifth day of the Brisbane trial, Superintendent Michelle Stenner walked free from court, after her second trial on the perjury charges.

The jury in her previous trial was discharged in June, after a juror had “deliberately gone and disobeyed” clear directions to not make external enquiries outside of court.

In the latest trial, Judge David Kent told the jury that there was no evidence to support an element of the case against Supt Stenner.

Supt Stenner had pleaded not guilty to three perjury offences alleging she had given false testimony during a Crime and Corruption Commission investigation into claims of nepotism within Queensland Police Service.

Judge Kent reconsidered a pre-trial ruling on the case made by a previous judge in 2018, after finding there was a special reason to do so.

At the close of the prosecution case on Thursday the judge was called upon by the defence to decide if there was sufficient evidence on which the jury could return a guilty verdict on any of the charges.

Judge Kent said he focussed primarily on the issue of whether, as was required, any untruths, if there were untruths, were material.

Michelle Stenner pictured leaving district court after a judge told the jury to acquit her of three perjury charges. (Image/Josh Woning)

He said legal materiality was a concept that was often debated in perjury trials because the matter had to not just be untrue, it had to be material to something that was then pending, an issue being canvassed, in that inquiry.

“I have concluded that there is no evidence upon which you could find, beyond reasonable doubt, that the relevant statements were material,” Judge Kent said.

“That means that that element can’t be proven which means that none of the three counts can be proven.”

Judge Kent directed the jury that they must return a verdict of not guilty on each of the three charges.

In his opening address Crown prosecutor Todd Fuller QC said the 2017 CCC investigation was sparked by the appointment of Gold Coast Chief Superintendent Terry Borland’s daughter Amy to an administrative job at Broadbeach police station.

Mr Borland was on leave at the time and Supt Stenner was acting in his position.

Subsequent investigations found no wrongdoing in the appointment of Ms Borland.

Mr Fuller said the charges arose from allegations that Ms Stenner had lied on oath during a CCC hearing investigating Ms Borkand’s appointment, saying it was alleged she had given false testimony three times during the interview in August, 2017.

Defence counsel Saul Holt QC told the jury that during the CCC hearing Supt Stenner was questioned about tapped phone conversations she had had more then 70 days earlier .

He said the CCC investigation was in many ways misconceived.

“It’s been four very long years for Michelle and her family,” Daniel Bragg, President of the Commissioned Officers’ Union, said as he walked from court with Supt Stenner.

“They’re very very pleased with this outcome and she’s very much looking forward to returning to work”.

Originally published as Superintendent Michelle Stenner walks free after being acquitted of three perjury charges