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Police Chief given more time to respond to CMC demand on Doomadgee probe
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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)

 

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