Coffs cop wins court battle to remain silent on shooting

[MeccaOz]

http://www.ballinaadvocate.com.au/news/coffs-cop-wins-court-battle-remain-silent-shooting/2004231/

A COFFS Harbour police officer who shot a suspected car thief during a dramatic arrest two years ago has won a NSW Supreme Court battle to remain silent about his involvement.

In a case, which the court heard could change the way NSW police investigate their own, a Sydney judge found Constable Errol Baff was entitled to protect himself from self-incrimination by refusing to answer the questions of his senior colleagues.

In May, 2011, Coffs police were called to a violent dispute between a couple where the woman was allegedly armed with a knife.

After the couple told police their car had broken down, officers noticed a truck with a trailer of vehicles on it parked nearby.

Suspecting the couple planned to steal a car, they notified the station.

Hours later the truck driver woke to find one of his cars missing.

Police soon discovered the missing car with the couple inside.

The court heard that during an altercation between the couple and police, Const Baff's gun "went off" and the woman was injured.

Witnesses provided statements but Const Baff declined to be interviewed.

When the woman made an official complaint, the Northern Regional Professional Standards Manager launched an investigation into the "reckless infliction of grievous bodily harm" and "unreasonable use of force by firearm discharge".

In May last year, the Director of Public Prosecutions declined to pursue criminal charges against Const Baff as the "evidence was insufficient".

Soon after the shooting, a "Critical Incident" - an internal police investigation which addresses "any wrongful conduct, the welfare of police officers…and gives consideration to improvements to NSW Police Force policy" - was also established.

As a result, senior police on several occasions directed Const Baff to take part in what they described as a "non-criminal interview" to answer allegations of unreasonable use of force and disobeying reasonable direction..

While he was told the DPP was not recommending charges, Const Baff was warned that failure to answer questions was a breach of the NSW Police Code of Conduct.

When a letter to his lawyer in February this year threatened "further disciplinary action" should he continue to decline interviews, Const Baff called on the courts to clarify the rules.

Justice Christine Adamson found that as the NSW Police Commissioner was "liaising with the DPP" about whether there was sufficient evidence for the Const Baff to be charged for a significant time after the criminal interview had ceased, he remained exposed to the risk of prosecution.

She declared he was entitled, in the exercise of his privilege against self-incrimination, to refuse to answer questions asked of him about the shooting.

She said it was "unlawful" for the commissioner to direct him otherwise and ordered the NSW Police Force to cover the costs of the proceedings.

[Westy]

Now that will be a career killer!!!!!!

[tom604]

good on him looks to me that they were out to kill his career anyway and maybe try and put him inside for not being politically correct enough,,non criminal interview my ass

[chilliman]

I never knew the Ballina Advocate had so many interesting articles last year - might have to trawl through there myself!

I love the line 'When the woman made an official complaint, the Northern Regional Professional Standards Manager launched an investigation into the "reckless infliction of grievous bodily harm" and "unreasonable use of force by firearm discharge".' She had stolen a car, her and her partner had weapons on them, they obviously were resisting arrest - how is the allegation of reckless infliction of GBH ever to be taken seriously? what a joke.

this is supposed to be a humorous article, right?

[bigfellascott]

What is it with all this old new MeccaOz? - this ones dated 30th Aug 2013 4:27 PM

[MeccaOz]

What is it with all this old new MeccaOz? - this ones dated 30th Aug 2013 4:27 PM

Well at least It's now getting discussed by we firearm owners mate, even if the end game of it all is rights in the firing line and stupid pollies being even more kneejerk.

[bigfellascott]

What is it with all this old new MeccaOz? - this ones dated 30th Aug 2013 4:27 PM

Well at least It's now getting discussed by we firearm owners mate, even if the end game of it all is rights in the firing line and stupid pollies being even more kneejerk.

Fair enough mate, just don't see the point in talking about old news stories is all, that horse has bolted so to speak. If you really want to have some say in the political arena you'd be better of voting for those who support firearms ownership, that's the only way we MAY ever get any meaningful results, otherwise you're just leaving yourself open to which way the wind blows so to speak when it comes to pollies and their opinions/votes/decisions etc.

They will do whatever gets them more votes and the ability to stay on the teat as long as possible, that's all most of them are there for in the end.

And for those who aren't aware they are working on a National Firearms Agreement at the moment - so be prepared for more shafting!

[MeccaOz]

What is it with all this old new MeccaOz? - this ones dated 30th Aug 2013 4:27 PM

Well at least It's now getting discussed by we firearm owners mate, even if the end game of it all is rights in the firing line and stupid pollies being even more kneejerk.

Fair enough mate, just don't see the point in talking about old news stories is all, that horse has bolted so to speak. If you really want to have some say in the political arena you'd be better of voting for those who support firearms ownership, that's the only way we MAY ever get any meaningful results, otherwise you're just leaving yourself open to which way the wind blows so to speak when it comes to pollies and their opinions/votes/decisions etc.

They will do whatever gets them more votes and the ability to stay on the teat as long as possible, that's all most of them are there for in the end.

And for those who aren't aware they are working on a National Firearms Agreement at the moment - so be prepared for more shafting!

I see what ya saying, but I disagree, I think all these things should be disgussed, so people can see the full swing of what the government is trying to do. As for my vote, my party is Firearm pro for sure

[bigfellascott]

I see what ya saying, but I disagree, I think all these things should be disgussed, so people can see the full swing of what the government is trying to do. As for my vote, my party is Firearm pro for sure

Fair enough mate - I think the majority of us are fully aware of how all Governments treat us as we've all been going through it together.

As for Justice etc well you won't find that in a Court House, the law is so manipulated by all and sundry its just a joke these days unfortunately as is evident in that news article.

[chilliman]

old news reported in a regional newspaper - don't see the point in this, sorry M'oz but it's sort of similar to journalists posting stories just for the sensationalist aspect, don't see how regurgitating this stuff achieves anything. just mho and I'm not that smart so feel free to tell me what I'm missing. not trying to sound like a dick, no offence intended.

[MeccaOz]

old news reported in a regional newspaper - don't see the point in this, sorry M'oz but it's sort of similar to journalists posting stories just for the sensationalist aspect, don't see how regurgitating this stuff achieves anything. just mho and I'm not that smart so feel free to tell me what I'm missing. not trying to sound like a d**k, no offence intended.

Laffin your not a dick mate. I guess Ive been out of the activist side of firearms for a while, and just couldnt believe the stuff I was reading. But this stuff gets me all pissed off anyway, so I think I'll try to go back to talking about the fun stuff

[chilliman]

cool - it's still important you don't lose the fire in your belly - I like your enthusiasm!

[MeccaOz]

cool - it's still important you don't lose the fire in your belly - I like your enthusiasm!

[Utcherd]

Tough what to say about this.

One one had I'd say cops should be held to a higher standard, but then if he lost his right to remain silent and could be charged for not making a statement how long before that applies to Joe Citizen.

I guess you mark it up as a win for legal rights...