Supreme Court judge rules detective Murray Gentner’s sacking ‘unjust’

The axing of an award-winning Victoria Police detective after pictures of a corpse were found on his phone has been ruled “unjust”, but he won’t be back on the beat anytime soon.

Former detective senior constable Murray Gentner. Picture: Stuart McEvoy

The sacking of an award-winning Victoria Police detective after pictures of a corpse were found on his phone was “unjust”, a judge has ruled.

Supreme Court judge Michael McDonald on Wednesday quashed the Police Registration and Services Board’s decision to dismiss Murray Gentner due to an error of law.

But the ruling won’t see the ex-cop with two decades of experience back on the beat anytime soon.

Mr Gentner — the 2012 Victoria Police detective of the year — was given his marching orders in July last year for “improper or disgraceful conduct” following an investigation into a series of messages with other officers in the five years to 2021.

The court heard the messages contained images of offenders, a man’s body at a crime scene and sex toys seized in warrants.

Language used in the group chats was derogatory and sexist, homophobic and vilifying, unprofessional and disrespectful and discriminatory and prejudiced.

Mr Gentner took his fight to have his badge returned to the Supreme Court after a PRSB review in November failed to overturn his termination.

Murray Gentner was 2012 Victoria Police detective of the year. Picture: David Geraghty

Justice McDonald said Mr Gentner’s dismissal was “unjust” because the PRSB inquiry officer did not have the power to amend the charge during the review process.

“The decision to dismiss the plaintiff was based on finding a charge proven which had not been laid in accordance with the provisions,” Justice McDonald said.

“Consequently, the dismissal decision was unjust.”

Justice McDonald said the dismissal review should be sent to a differently constituted board for redetermination in accordance with law.

He did not agree with Mr Gentner’s application that his termination was harsh, labelling the allegations against him as “extremely serious”.

“The findings against the plaintiff are damning,” Justice McDonald said.

The photo of the corpse was found during an internal investigation into the Dani Laidley photo scandal, where photos were shared of the former North Melbourne AFL coach in custody at St Kilda police station in May 2020.

The PRSB inquiry officer likened Gentner’s conduct in sharing crime scene photos to that of Richard Pusey at the scene of the Eastern Freeway crash where dying officers were filmed in April 2020.

The photo of the corpse was found during an internal investigation into the Dani Laidley photo scandal. Picture: Getty Images

“The idea that Victoria Police officers (detectives) would treat a deceased person who died in tragic circumstances like this would be a shock to the majority of the community,” the officer’s report said.

“Some may see some aspects of the behaviour as being sadly similar to some of the behaviour to which deceased and dying police officers were subjected in the Eastern Freeway tragedy.

“I accept that it is not the same but also see that there is a basis for comparison of some aspects.

“The fact that a recently deceased person who dies in tragic circumstances would be subjected to sexually depraved ridicule by police officers in possession of a graphic photo taken of the deceased by a detective attending the scene is disturbing and an affront to public decency.”

Mr Gentner earlier expressed regret over the messages, claiming they were “written with adrenalin under extreme anxiety and duress”.

“They make me sick, I certainly don’t believe that is me,” he told the PRSB inquiry officer.

He said he had “bled for the organisation” for 20 years, and admitted making mistakes.

“To say I’ve learnt a lesson from this whole thing is an understatement,” he said, adding it had been “living hell”.

Mr Gentner was acquitted in court of criminal charges over the Laidley saga, but admitted three police disciplinary breaches and was ordered to pay her $1500 in compensation and undergo training.