Policeman now faces disciplinary tribunal

Press, 5 December 1981, Page 6

Policeman now faces disciplinary tribunal

PA Auckland A police chief inspector involved in an incident in which a traffic officer was injured, now faces a police disciplinary tribunal. Through counsel, Ronald Victor Downie told a High Court Judge yesterday that he had been suspended since the incident in the Auckland City Council vehicle pound and his career might be in jeopardy. The District Court at Auckland had found that Downie drove his impounded car out of the council pound and a traffic officer was injured in an attempt to stop him. He was fined a total of $ll3O and disqualified from driving for 18 months on

three charges which remained after the High Court dismissed one other charge on an appeal against conviction last week.

Appealing against the sentence yesterday Mr Peter Williams, for Downie, said the chief inspector would suffer punitive indirect penalties on top of those imposed by the court. He had suffered humiliation, loss of status, and would probably lose $17,500 in wages withheld during his suspension.

Further charges were pending before a police disciplinary tribunal which might put the appellant's career in the police force in jeopardy, Mr Williams said. The suspension had now lasted eight months. Downie was frustrated at being unable to work and not knowing when he could work again. His suspension expired on Christmas Day when his future position should be decided, Mr Williams said.

Mr Justice Holland said further disciplinary action by the police and other indirect penalties were not matters

which should weigh substantially with a sentencing court.

Downie was not entitled to favourable treatment because he was a police officer nor should he be punished because of his occupation. The charges of failing to stop after an accident and failing to ascertain injury were “in the lesser degree” of those offences, His Honour said. Downie knew that the injury suffered by the traffic officer could not have been serious.

The driving disqualification was reduced to one of 12 months but His Honour said he was satisfied the total monetary penalty was not excessive.

He removed a $3OO fine imposed for failure to ascertain injury because he said the offence was the same as that for the charge of failing to stop after an accident. However, he increased similar fines for failing to stop and causing injury by careless use of a car to $450 so that with costs and solicitor’s fees added the total amount remained the same.