Millions in hush money paid for claims of police misconduct

NSW Police have paid out almost $40 million to keep members of the public quiet about police misconduct.

Almost $40 million in hush money was forked out last year by NSW Police to members of the public who claimed they had been mistreated by officers.

The number of successful claims skyrocketed for things such as wrongful arrest, unlawful searches, malicious prosecution and assault, with 457 people paid out last year.

It is the highest number of claims – and the highest payout figure – in the past six years and represents more than one incident every day of the year.

The five year average from 2017-21 was $29,642,135 paid out and claims averaged 322.8 every year.

But the last financial year’s payouts totalled $39,451,573 a 33 per cent increase, and claims were 457 up by 41 per cent according to figures tabled in State Parliament.

Former Detective Sergeant turn NSW One Nation MP Rod Roberts is concerned about the number of payouts. Picture: Supplied.

But the details of most cases were never made public because of confidentiality clauses that stop victims speaking about the alleged police misconduct, the terms of the settlement and the amount of money paid.

Retired NSW Detective Sergeant turned One Nation MP Rod Roberts said the spiralling number and value of the payouts is a worrying trend.

“It is getting worse not better,” Mr Roberts said

Mr Roberts said he believes the consistency of the payouts every year showed the problems in NSW Police were “systemic” and had been ongoing for years.

More than $148 million has been paid since 2016 – an average of more than $80,000 a day – for more than 1600 incidents, sparking calls to overhaul police training.

New South Wales Police Commissioner Karen Webb said one of the issues may be training. Picture: Tim Hunter.

Police Commissioner Karen Webb has told State Parliament she is concerned about the amount of the payouts, conceding one of the issues might be training.

Deputy Commissioner Corporate Services, Paul Pisanos said in a statement there “is a myriad of reasons why civil claims are brought against the NSW Police Force.

“To suggest that training – or lack thereof – is on its own is the cause, is incorrect,” he said.

The payments cover claims for assault, battery, unlawful imprisonment, malicious prosecution, breach of statutory duty, conversion, intimidation, injurious falsehood, collateral abuse of process, negligence, trespass, misfeasance in public office and historical claims of historical sexual assault (including claims that involve PCYC). The payments also cover claims of negligence by former officers eligible to sue at Common Law.

The rise in payouts comes amid a number of recent complaints about the conduct of NSW Police.

Former NSW police officer Ben Smith has lodged complaints about the conduct of police after a failed prosecution against him for sex assault claims.

Mr Smith complained there was a failure to conduct even a cursory investigation before charging him.

Former NSW Police officer Ben Smith is fighting to put his life back together after a failed prosecution against him. Picture: Sam Ruttyn

“Our job as police is not to run cases with no evidence,” Mr Smith said.

“It was sickening to think that the police could attempt to create a narrative, rather than a search for the truth and the facts, to try and have me convicted of something I did not do.”

Luke Moore spent three weeks in a maximum-security prison after police wrongly claimed he had threatened to kill a Detective in a telephone call.

Mr Moore has been offered a $170,000 settlement ahead of him launching any potential civil action against police.

Mr Moore has also been sent a letter of apology on behalf of the State of NSW, which would be liable for any compensation claim he made against the NSW Police Force.

The apology covered police actions including “a search of your house, seizure of your goods, your arrest, remand and prosecution for various offences’.

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Originally published as Millions in hush money paid for claims of police misconduct