A WATERSHED legal ruling has given Queensland's crime watchdog the authority to intervene if it considers police have not been properly punished by internal discipline.
The Court of Appeal in Brisbane on Friday upheld an appeal by the Crime and Misconduct Commission (CMC) in a case involving an officer who was punished by the police force after a high-speed car chase that ended with the death of a bikie.
Last year Assistant Commissioner Paul Wilson heard complaints against Senior Constable Stephen Chapman who, after various appeals, was fined $200 for failing to follow police guidelines for pursuits.
The CMC lodged an appeal to the Queensland Civil and Administrative Tribunal (QCAT), which found the penalty was manifestly inadequate.
QCAT set aside the fine and ordered the officer to have his salary entitlements reduced by two pay points for two years.
CMC's right to intervene then became a legal issue, but the Court of Appeal noted the CMC's role as a public watchdog was important.
The case related to a pursuit involving Craig Robert Shepherd, 26, a member of the Odin's Warriors outlaw motorcycle gang.
Shepherd died after his bike hit a wall on Beechmont Road in the Gold Coast hinterland on June 16, 2006.
A 2008 coronial inquest found Mr Shepherd was being pursued by a police car, in which Sen Const Chapman was a passenger, at speeds of up to 160km/h.
Sen Const Chapman sought to review the penalties, and the QCAT appeals body set aside an order allowing the CMC to be part of the proceedings.
The CMC then went to the Court of Appeal to have that decision overturned.
In a unanimous judgment the Court of Appeal found it was clearly in the public interest for the CMC to be able to intervene in such matters.
In effect, the court confirmed the CMC's right to intervene in police disciplinary action.
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