Read on Twitter
𝙉𝙎𝙒 𝙋𝙊𝙇𝙄𝘾𝙀 𝘼𝙍𝙀 𝘽𝙍𝙊𝙆𝙀𝙉
ᵀᴴᴿᴱᴬᴰ
NSW has a very serious problem. A police problem. And it’s getting much worse.
This thread looks at the “arrest” of @RaidersCanberra player Curtis Scott last year, and subsequent malicious prosecution.
ᵀᴴᴿᴱᴬᴰ
NSW has a very serious problem. A police problem. And it’s getting much worse.
This thread looks at the “arrest” of @RaidersCanberra player Curtis Scott last year, and subsequent malicious prosecution.
It doesn’t take a lawyer, judge, or constable to understand that what was depicted in the bodycam video constituted an assault and unlawful arrest.
The officers pinched, poked, restrained, punched, crushed, and pepper sprayed a defenceless man. They should be charged.
The officers pinched, poked, restrained, punched, crushed, and pepper sprayed a defenceless man. They should be charged.
Importantly though, Scott’s case glaringly highlights a number of other important systemic issues.
In NSW, depending on the type of offence charged, one is either prosecuted in the Local Court by the police, or by the DPP in the District or Supreme Court.
In NSW, depending on the type of offence charged, one is either prosecuted in the Local Court by the police, or by the DPP in the District or Supreme Court.
It is widely accepted in the legal profession that it is problematic for police to be involved in prosecution, and there have long been calls for the DPP to take over, most notably from NSW’s longest serving DPP director Nick Cowdery.
Scott’s case highlights why the police shouldn’t be dressing up and playing prosecutor.
The DPP would’ve taken one look at the facts, then at the video, and then come to the same conclusion as the Magistrate—the arrest was unlawful, unjustified, and unethical.
The DPP would’ve taken one look at the facts, then at the video, and then come to the same conclusion as the Magistrate—the arrest was unlawful, unjustified, and unethical.
Now, keep in mind that the officers involved aren’t the ones making the decision to prosecute, they may have a say, but the ultimate decision is made by a senior officer somewhere in the chain of command—exactly who often remains a mystery.
Given the high-profile nature of Scott’s case, we can’t seriously be expected to believe that Police Commissioner Fuller didn’t rubber stamp the prosecution.
What role did Fuller play, and did he consult with any of the hard evidence before seeking to destroy someone’s career and life?
Based on his record, it’s safe to say that he has very little concern about anyone’s career other than his own, and those of his officers.
Based on his record, it’s safe to say that he has very little concern about anyone’s career other than his own, and those of his officers.
Under Fuller’s watch, and in the last financial year alone, the NSW Police Force have paid out some $24 million dollars in settlement claims relating to assaults, unlawful arrests, and malicious prosecutions.
We’ve all been watching on in horror at what’s happening in the United States. There, police operate with impunity, they face zero accountability, they’ll shoot an unarmed individual, be put on paid leave, then investigated and cleared by their own department.
Luckily in Australia our police are highly trained and professional, and not so willing to put 9 bullets into someone’s back.
Still, there remains a culture of impunity in the NSW Police Force when it comes to excessive force and accountability, and that needs changing.
Still, there remains a culture of impunity in the NSW Police Force when it comes to excessive force and accountability, and that needs changing.
In the US there’s a push to ‘defund the police.’ It sounds an alarming prospect to those unaware of exactly what it means, but it’s an increasingly important concept, particularly in NSW.
Let’s use Scott’s case as an example.
Firstly, some five or more officers attended upon him as he lay passed out under a tree. Is that necessary? Could we divert some of that money into, say, psychiatric welfare, or crisis response teams?
Firstly, some five or more officers attended upon him as he lay passed out under a tree. Is that necessary? Could we divert some of that money into, say, psychiatric welfare, or crisis response teams?
Then we have police prosecutors. Could we divert that money toward the DPP so that they can have the resources to prosecute all offences independently?
A six-month trial in 1996 found that the DPP was much more efficient than the police in prosecuting minor crime.
A six-month trial in 1996 found that the DPP was much more efficient than the police in prosecuting minor crime.
Now look beyond Scott. What about Commissioner Fuller’s $650,000 a year salary—more than double Premier Gladys Berejiklian?
What about the billions of dollars we spend policing, prosecuting, and imprisoning people for minor drug offences?
The resources wasted sending hundreds of police to hundreds of events with sniffer dogs that are proven to be wrong in excess of 75% of the time.
The resources wasted sending hundreds of police to hundreds of events with sniffer dogs that are proven to be wrong in excess of 75% of the time.
Meanwhile, our judicial system struggles to afford to monitor and deal with violent and sexual offenders, and our court’s infrastructure is old and crumbling, and individuals charged with crimes are languishing in prison and unable to access legal support.
What about corporate crime, and the mediocre sentences dolled out to our well heeled cashed up crooks who can afford a squad of solicitors and a pair of QC’s?
Do you think the result for Scott would’ve been the same if the Raiders weren’t forking out the big bucks?
Do you think the result for Scott would’ve been the same if the Raiders weren’t forking out the big bucks?
What about our most vulnerable citizens who can’t afford the luxury of a high-calibre lawyer, who might’ve found themselves in that situation—brushing an officer’s arm away as they were poked and pinched—to then be charged with assaulting police?
“If you just plead guilty—” the police prosecutor will say.
“You’ll avoid this and that and not have to pay.”
And so you do. The court doesn’t see the bodycam video, no one does.
“You’ll avoid this and that and not have to pay.”
And so you do. The court doesn’t see the bodycam video, no one does.
The NSW Police nearly destroyed Scott’s career and life, and brought the @NRL into serious disrepute—they both should sue.
But this should serve as a stark warning to us all that they are destroying people everyday, and that it doesn’t have to be that way.
But this should serve as a stark warning to us all that they are destroying people everyday, and that it doesn’t have to be that way.
