Mackay police misconduct: CCC says sergeant Helen Newman should have been fired

A court has rejected an argument from the crime and corruption watchdog that it was manifestly inadequate to allow a former senior ranking police officer to merely resign after she was caught lying during an investigation.

The crime and corruption watchdog has unsuccessfully argued a former Mackay senior ranking police officer should have been fired instead of demoted had she not resigned after she was caught lying during an investigation.

Former Sergeant Helen Newman gave false and misleading information to Superintendent Bruce McNab and Ethical Standard Command investigators between October 15, 2017 and March 20, 2018 about the location of some official police diaries, a recent court judgment stated.

At the time Newman, who had a 28-year career with the QPS, was working as a support officer at the Mackay Police District Office.

The investigation was in relation to former Detective Inspector Nikki Colfs, who was suspended from duty on October 17, 2017 and medically discharged in April 2019.

Former detective inspector Nikki Colfs was suspended in 2017 and medically discharged in 2019. Photo: Emily Smith

Newman, who packed up Colfs’ drawers and bookshelves, lied about seeing or being in possession of her work diaries.

She was stood down from duty on August 14, 2018 and left the QPS on November 9 that year after the disciplinary proceedings had commenced.

Following a Queensland Civil and Administrative Tribunal hearing, Deputy Commissioner Tracy Linford found the allegation of misconduct substantiated and determined her “improper” conduct could have resulted in a demotion in rank to Senior Constable.

She found there was compelling evidence Newman removed Colfs’ official diaries knowing Superintendent McNab wanted them for the investigation into allegations against the former Detective Inspector.

In 2020, Newman, who denied the misconduct allegation, attempted to have the findings reviewed, but they were substantiated.

The Crime and Corruption Commission also appealed to QCAT arguing the sanction was “unreasonable, plainly unjust and manifestly inadequate”.

Sergeant Helen Newman was found to have committed misconduct as a police officer and would have been demoted had she not left the QPS, but the CCC argued she should have been fired. Photo Lee Constable / Daily Mercury

The CCC argued the decision stemmed from an “irrelevant consideration” – that Newman resigned from the QPS – and there were findings of fact unsupported by evidence.

“It ultimately submits that the tribunal erred in determining the correct and preferable decision in not finding that Ms Newman would have been dismissed had she remained in the QPS,” QCAT senior member Michelle Howard said in a recent judgment.

Senior Member Howard said the tribunal had determined Newman was fit to be an officer “having regard to an extensive history of commendable service, her then current performance of her substantive duties at a high level”.

“It found she was not fit to remain at the rank of sergeant … and the leadership role she held as a sergeant,” she said.

“I am not satisfied that there is any basis upon which to find that the sanction imposed was unreasonable or failed to achieve the purposes discipline such that the exercise of the tribunal’s discretion miscarried.”

The appeal was dismissed.

Originally published as Mackay police misconduct: CCC says sergeant Helen Newman should have been fired