Country cop cleared of all charges after ‘bad decision’ of drunk sex with woman he was investigating

A “lonely” country police officer who had “extremely drunk” sex with a woman he was meant to be investigating should not have been sacked, a disciplinary tribunal has found.

A senior constable has been cleared of all disciplinary charges after appealing his ‘harsh’ sacking to the Police Registration and Services Board. Picture: AAP

A country police officer who had “extremely drunk” sex with a female street brawler he was supposed to be investigating should have been dealt with by an “old-fashioned talking to” from his sergeant, rather than sacked, a police disciplinary tribunal has found.

The senior constable, whose name is suppressed, has been cleared of all disciplinary charges laid against him after appealing his “harsh” sacking to the Police Registration and Services Board and is free to return to work.

The board heard the “lonely” young officer had recently been dumped, was “new in town” and “was possibly not thinking too well” when he made the “bad decision” to sleep with a woman who had been involved in a fight.

The officer was sacked in June nearly 18 month after his transgression, and appealed the “harsh” decision in a bid to clear his reputation and resume work.

The board’s decision is likely to have widespread ramifications for Victoria Police’s handling of officers having sex with members of the public they meet through work.

In a damning decision against Victoria Police, the board found many of the ethics rules issued by Chief Commissioner Shane Patton were so vague, inconsistent and poorly written that they were virtually unenforceable.

Some may need to be rewritten from scratch.

The board — made up of President Andrea Lester and members Dr Rhonda Cumberland and Dr Cindy Davids — said the officer realised his “lapse of judgment” had created a potential conflict of interest “as soon as he woke (and was sober)” following his bender at the local tavern in February 2022.

He immediately informed his sergeant and was taken off the investigation.

The board also criticised Chief Commissioner Patton’s lawyer for making ‘unfair remarks’ about the officer during a hearing. Picture: Josie Hayden

In an interview with an internal investigator, the officer admitted sleeping with the suspect “did not reflect positively on himself or on Victoria Police”.

But in clearing the officer of wrongdoing, the board made a series of damning observations about the ethics and professional standards rules the force expects officers to comply with.

The board said grammatical errors within crucial police documents made it “unclear” precisely what the force’s Code of Ethics was.

The board also said the force’s decision to lay a disciplinary charge of failing to comply with police “values” was misguided, because the document detailing the force’s “values” was “not even directed to individuals but to the … organisation”.

It said the document detailing Victoria Police’s “values” was “aspirational guidance” and not something an officer could “breach” because it doesn’t contain explicit instructions.

The board also cleared the officer of breaching conflict of interest rules because he took immediate steps, even while nursing a hangover, to “declare the situation” to a superior officer.

The board said officers were given “woefully inadequate” guidance about when they could have sex with people they met at work.

The board said the officer “frankly … showed greater moral awareness and courage” than officers who have previously been sacked for sexual misconduct, and those whose conduct created “scandal” by having affairs with Lawyer X, Nicola Gobbo.

The board said the force’s decision to sack the officer would encourage others to “conceal” minor transgressions “which is strongly against the public interest and the integrity of Victoria Police”.

The board also criticised Chief Commissioner Patton’s lawyer for making “unfair remarks” about the officer during a hearing, and found the officer acted in a “principled, ethical and mature” way.

“We are not suggesting his brief liaison with (the woman) was a great idea or a good thing for his career. It was not,” the board said.

“(But) the weight of the ‘discipline machine’ was brought to bear, leading to 18 months of stress, and ultimately the shame of dismissal.

“(The officer’s) family members have suffered too … and may have also experienced a loss of faith in the fairness of Victoria Police.”