Glenn Horan acquitted after accused of misuse of police database

A high-ranking Queensland cop accused of using a police database to access the private information of a colleague amid fears of an affair with his partner has been acquitted.

Glenn Horan (centre), supported by former Acting Deputy Commissioner Mark Wheeler (right) and his lawyer Calvin Gnech, leaving Brisbane Magistrates Court. Picture: NewsWire

A high-ranking Queensland police officer has been acquitted of allegations he had searched private information involving one of the state’s top cops because of a suspected affair with his partner.

Glenn William Horan faced trial in Brisbane Magistrates Court this week accused of using police database QPRIME to search the home address of Deputy Commissioner Cameron Harsley.

Barrister Kim Bryson, for the prosecution, alleged on Monday that Horan had searched the address because he had suspected his on-and-off partner Celeste Batticciotto, who was also a police officer, had been in a relationship.

Horan pleaded not guilty to using a restricted computer without consent to gain a benefit (domestic violence).

Glenn Horan outside Brisbane Magistrates Court on Wednesday. Picture: NewsWire

On Wednesday, Magistrate Lewis Shillito found that the charge had not been proved beyond reasonable doubt and acquitted Horan.

The court heard throughout the three-day trial that Horan did not dispute entering the Deputy Commissioner’s address into QPRIME on October 10, 2021.

Horan claimed that he had discovered who owned the home after searching the address in the course of his duty.

Horan had told his superior at the time that he had been exercising nearby on his day off and that he saw suspicious behaviour near the house.

Mr Shillito said he accepted the prosecution’s submission that “if (Horan’s version) were true” it would be a “coincidence” – given Ms Batticciotto’s link to the address and the significant distance between the address and Horan’s home.

Deputy Commissioner Harsley had testified that Ms Batticciotto would visit him on occasion, with Ms Batticciotto stating the two were friends.

Queensland Police Deputy Commissioner Cameron Harsley. File picture: Steve Pohlner

Ms Batticciotto had testified that she had attended the Deputy Commissioner’s home six days after the alleged QPRIME search to discuss home loans, and that she had seen Horan out the back of the property.

Deputy Commissioner Harsley said he had also seen a man matching Horan’s description, but that he didn’t see his face.

Mr Shillito said there was “perhaps a suspicion that remains” that Horan could have been the person Ms Batticciotto and the Deputy Commissioner saw on the 16th.

“If accepted that the defendant was at the residence at that time I do consider that that would provide a tangible basis to reason that it was more likely that the check done on the 10th was for a ‘non policing purpose’,” Mr Shillito said.

Mr Shillito said he could not make a positive factual finding that Horan had been at the house on the 16th merely based on suspicion, however.

He noted the prosecution had not provided any alternative way in which the address could have become known to Horan.

“There may be other ways that the address became known to (Horan),” Mr Shillito said.

“There is nothing in the evidence to that, unhelpfully, however.”

Mr Shillito said Ms Batticciotto’s evidence also “lacked a degree of credibility” because it was “demonstrably coloured” by her past relationship with Horan and conflicted with other evidence at times.

Prosecutor Kim Bryson leaves the court. Picture: NewsWire

He noted Ms Batticciotto had claimed Horan had confessed to making the QPRIME search after she accused him of being at the Deputy Commissioner’s house.

She told the court Horan had further confessed to calling his superior with an “excuse” that he had been exercising nearby.

Mr Shillito noted this conflicted with the officer’s account that the conversation with Horan had been in person and seemingly after Ms Batticciotto claimed the conversation to have taken place.

In addition, Mr Shillito accepted defence barrister Saul Holt’s submission that the allegation the QPRIME search had been “without consent” had not been proven.

He said that fact was often admitted to in such cases, or that evidence would be provided by the prosecution of police policies restricting the use of QPRIME to search personal information – but neither was the case for Horan.

Mr Shillito said he was not satisfied beyond reasonable doubt that that element of the charge had been proved either under the circumstances.

Horan made no comment to the media outside court.

He was accompanied once again by former Acting Deputy Commissioner Mark Wheeler.

Parties will be heard as to costs at a later date.

Originally published as Glenn Horan acquitted after accused of misuse of police database