A police officer lied in court to protect his brother, who had been charged after assaulting his two neighbours, including a woman.

The Independent Police Conduct Authority today said the officer, who was off duty at the time, broke up a fight between his brother and his neighbours – a woman and her son.

Both the authority and a judge found that “there was a clear attempt by the officer, and his brother’s wife, to protect his brother by minimising his actions”.

Superintendent Jill Rogers, Counties Manukau District Commander, said while police acknowledged the IPCA findings, she couldn’t comment as their own criminal and employment investigations had not yet been completed.

The incident took place on May 12, 2018, when the officer’s brother was involved in a physical altercation with his neighbours.

“The officer was off duty at the time and involved as a witness only, although he separated the parties,” authority chair Judge Colin Doherty said.

“His brother was charged with assaulting two of the neighbours, a mother and son, and using threatening language. The brother pleaded guilty to assaulting the son but denied the charges of threatening him and assaulting his mother.”

The officer, who worked in Pukekohe, elected to be a witness for the defence and completed a written statement and gave evidence in court.

“The presiding Judge rejected the defence evidence and found that there was a clear attempt by the officer, and his brother’s wife, to protect his brother by minimising his actions.”

Doherty said based on its own investigation, the authority found that the officer lied in his evidence to the court to minimise his brother’s behaviour and protect him.

“Additionally, he breached the police conflict of interest policy by failing to adequately inform his supervisor of his involvement in the trial.”

Further, the Pukekohe prosecutor should have transferred the file to Manukau and filled out a conflict of interest form, he said.

The authority also found the prosecutor’s demeanour in dealing with the victims “was at odds with the Police Prosecution Service statement of policy and practice”.

“Our own independent assessment of the evidence drew us to the same conclusion as the court as far as the officer’s intentions to protect his brother were concerned.

“The differences in accounts between witnesses are such that there is no way either party could simply be mistaken and we were drawn to the further conclusion that the officer lied to the court in an attempt to protect his brother.”

Source: Read Full Article