A high-ranking NSW Police officer escaped jail time for mid-range drink driving after crashing an unmarked police car in Sydney's NorthConnex tunnel. He was sentenced to a two-year community correction order and fined $1,500. A Law Enforcement Conduct Commission report found the officer engaged in serious misconduct, including deliberately leaving the scene to avoid a breath test and providing false information on an insurance claim.
A senior NSW Police officer has escaped a prison sentence for mid-range drink driving after crashing an unmarked police car in Sydney's NorthConnex tunnel. The officer, who cannot be named due to a court suppression order lasting 40 years, was found guilty of mid-range drink driving in November last year following the incident in May 2023. He has been given a two-year community correction order and fined $1,500.
He has also been disqualified from driving for six months and must attend ongoing mental health treatment.At his sentencing on Tuesday, the Downing Centre Court heard that on May 13, 2023, the officer was captured on CCTV drinking and dancing at a bar before later walking through Sydney's CBD visibly intoxicated. At 1:43 am, NorthConnex tunnel cameras recorded his unmarked police vehicle veering to the right before crashing into a concrete barrier minutes later. Prosecutor Eric Balodis emphasized the severity of the offense, citing the length of his journey, erratic driving, and the potential risk to others while he was on the road.The officer's defense lawyer, Warwick Anderson, highlighted his client's long service to the community as a police officer and past volunteer work. A series of short submissions were made by the defense at Sydney's Downing Centre Court on Tuesday. The man's lawyer emphasized his long-standing service to law enforcement and the NSW community, including past volunteer work. The court was told that he has been receiving treatment for significant mental health conditions, which were cited as a contributing factor in the incident. The defense argued for a release order with supervision, ongoing mental health treatment, and requested his driver's license only be disqualified for three months because of caring responsibilities and to attend his children's sporting events. Mr. Anderson said that as a result of the incident, his client had also lost 20 percent of his annual $180,000 salary. 'My client believes this case has been an arduous one … in hindsight the same decision would not have been made again,' Mr. Anderson said.In sentencing, Magistrate Jennifer Wong acknowledged the officer's good character and low risk of reoffending but emphasized the seriousness of the offense. The court also noted the significant media attention surrounding the case. NSW Police said in a statement 'the officer is currently out of the workplace' and more could not be said about his employment status for privacy reasons.Misconduct findings by law enforcement watchdog A Law Enforcement Conduct Commission (LECC) report made two findings of 'serious misconduct' against the officer and found he was treated 'more leniently' by his superior after the crash.The first such finding was for 'deliberately leaving the scene … to avoid being breath tested'. The second finding was made for 'being deliberately dishonest in his answers on the insurance claim form for the car he crashed', by stating he had fallen asleep without any reference to alcohol.The report recommended the police commissioner consider terminating his employment and Police Commissioner Karen Webb said at the time she had referred the LECC report to Professional Standards Command.The commander believed his colleague's remorse would be an effective safeguard and there was 'no risk' the officer would repeat the alleged behavior. 'On the contrary, within days of writing off a police car while driving fatigued and having consumed alcohol, was back behind the wheel of another police car,' the LECC report said. The commission found that the commander let 'partiality for and loyalty to' the officer 'blind them' from making impartial decisions about risk management and it was 'unlikely that similar forbearance would have been extended to other officers, particularly if they were of a junior rank'
DRUNK DRIVING POLICE OFFICER NSW POLICE NORTHCONNEX TUNNEL LAW ENFORCEMENT CONDUCT COMMISSION SERIOUS MISCONDUCT
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