Police Chief given more time to respond to CMC demand on Doomadgee probe
- NepalAustraliaNews.Com
Queensland
2010 July 07: Police Chief Bob Atkinson has been granted more time to act on
allegations officers mishandled investigations into a death in custody.
The
extension of a deadline by the Crime and Misconduct Commission saved Mr
Atkinson from again resorting to extraordinary legal measures to restrain
himself from meeting its edict, requiring him to act on the allegations against
the six officers.
Last
night, in a special sitting of the Queensland Supreme Court, the Police
Commissioner won an injunction which effectively pushed back the
anti-corruption watchdog's deadline from close of business last night until
noon today. The CMC opposed that move, but Justice Peter Lyons backed Mr
Atkinson.
In
a backdown in court today, the CMC agreed to extend the deadline, allowing Mr
Atkinson 48 hours after the delivery of a further judgment by Justice Lyons to
report to the CMC.
The
parties were brought to court yesterday to respond to a separate injunction
application, brought by two of the police officers adversely named in a CMC
report examining the police investigation into the death in custody of Mulrunji
Doomadgee in a Palm Island watchhouse in 2004.
The
two officers are trying to ban Mr Atkinson from personally responding to the
CMC request for the police chief to inform the watchdog of what action he
intends to take in response to the report.
Justice
Lyons this afternoon reserved his judgment. It is not known when he will return
with his vedict, or the timing of the new deadline.
In
last night's legal move, Mr Atkinson applied for an injunction against himself
that restrained him from meeting the deadline.
The
deadline had been set for 5pm yesterday for Mr Atkinson to tell the CMC what
action the Queensland Police Service had intended to take against the six
officers.
But
the CMC issued a press release at 5.20pm saying Mr Atkinson had not applied or
been granted any extension to the deadline. This statement triggered the
late-night hearing, which saw the deadline extended until noon today.
During
the first hearing yesterday, barrister Tim Carmody SC, for the officers, argued
that Mr Atkinson had been placed in an “untenable position” by the CMC and he
could not be seen to act impartially.
Mr
Carmody said the CMC had issued threats and an “ultimatum” to Mr Atkinson, by
warning that if he did not recommend the officers face official misconduct
charges, the CMC would.
But
barrister Liam Kelly SC, for the CMC and its chairman, Martin Moynihan QC,
denied it had issued an ultimatum to Mr Atkinson. Mr Kelly said Mr Atkinson
should delegate any decision on disciplinary action against the officers.(The Australian)