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Channel: Police | David Shoebridge

Media release: Greens refer Police Commissioner Fuller to NSW police oversight body because of his disclosures to the Prime Minister

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Today, Greens MP and Justice Spokesperson David Shoebridge, has referred the NSW Police Commissioner to the Law Enforcement Conduct Commission as a result of his disclosures to Prime Minister Morrison about an ongoing police investigation into Minister Angus Taylor.

A copy of the referral letter is attached. Excerpt below:

There are two significant concerns that arise as a result of this. This first is that Commissioner Fuller either knew, or reasonably ought to have known, that Prime Minister Morrison and Minister Taylor were close political colleagues. Given this, it was highly inappropriate for Commissioner Fuller to be disclosing any details of the police investigation into Mr Taylor to Prime Minister Morrison other than those that were on the public record. It goes without saying that Prime Minister Morrison has a vested political interest in the police investigation failing to find any misconduct by his Minister.

The second significant concern arises from the personal relationship between Commissioner Fuller and Prime Minister Morrison and the fact that this relationship constitutes a clear conflict of interest on the part of Commissioner Fuller. This relationship includes, according to Commissioner Fuller, having been neighbours during which time Morrison would collect his rubbish bins for him. The exact nature of this relationship now appears to be contested by the two men in their very recent public debate.

NSW Greens MP David Shoebridge said:

“No one, not the Prime Minister and not the Police Commissioner, is above the law and people in high office are expected to abide by high standards.

“We have referred this matter to the LECC because it is a genuinely independent and non-partisan body that’s job is to investigate these kinds of matters.

“When two powerful men have a private chat about an ongoing police investigation then of course questions will be asked and they need to be answered

“We cannot allow any political interference in a police investigation and both the Police Commissioner and the Prime Minister should have known better.

“I look forward to a prompt and thorough investigation of this matter by the LECC”, said Mr Shoebridge.


Media release: Secret police report exposes strip search flaws

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A secret internal police report by their Lessons Learned Unit and Leadership and Capability Command shows the police hierarchy are fully aware of the likely unlawful nature of many strip searches being conducted by police, and their answer is stopgap education modules like a new screensaver.

The “Lessons Identified: Best Practice Strip Search Guidelines for Pre-Planned Events Involving Drug Detection Dogs” was released following a decision of the NSW Upper House to require the Police Minister to produce it. The police had been refusing to release the document on request in FOI applications and in an earlier budget estimates hearing.

The report also shows a four-fold increase in litigation against police relating to unlawful strip searches over the past eight years. In the four years from 2011 to 2014 there were just 5 cases brought against the police, but in the four years from 2015 to 2018 the number surged to more than 21.

The Greens are calling for an immediate moratorium on strip searches targeting personal drug possession until these problems with the law, education and policy are sorted out.

Greens MP and Justice Spokesperson David Shoebridge said:

“This document shows that the police have known for at least a year that officers are routinely conducting illegal strip searches.

“This whole program needs a serious overhaul but instead of acknowledging the seriousness of the problem the Police Commissioner has been uncritically backing the illegal searches.

“There has been a four-fold increase in litigation against police for illegal strip searches over the past eight years. That’s at exactly the same time that the number of strip searches has surged across the state.

“Police on the ground are being let down by policy teams that can’t even tell them what a strip search is. The law is sloppy, police policy is sloppy and the politics is ugly.

“Bandaid solutions like a screensaver aren’t going to solve a statewide problem.

“The report shows the law being routinely broken by police with strip search procedures differing radically from one police station to the next.

“The end result is young people in particular are being subject to illegal strip searches purely as an accident of geography and local police politics.

“This cannot be how a system of justice is administered in NSW and some positive clear leadership is required to protect both the public and police.

“This leadership needs to include tightening the law, improving training for police officers conducting searches and a thorough reevaluation of police policy in this area.

“Most of these strip searches don’t find anything, so their unlawfulness is even more outrageous.

“We are calling for a moratorium on strip searches targeting personal drug possession until these problems with the law, education and policy are sorted out” Mr Shoebridge said.

Some relevant excerpts:

1.2.1.3 “Although the overall number of person searches by the NSWPF are decreasing, the proportion of strip searches are gradually increasing, This means that there is an increased risk of complaints especially if the legislation is not well understood and applied”

1.2.1.4 “The number of complaints against the NSWPF proceeding to litigation for unlawful searches are increasing” – from 2 in 2011, 1 in 2012, and 0 in 2013 to 7 in 2016, 7 in 2017 and 5 in 2018.

1.2.1.1 “The legislation provides no clear definition on the minimal level of clothing required to be removed to define a strip search.

A now obsolete NSWPF document, the Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence) produces by Legal Services, did provide some explanation on what constitutes a strip search. This document stated that “while a strip search, when necessary in the circumstances, may go as far as the removal of all clothing, any search requiring a person to remove clothing (other than overcoats, jackets or similar items of clothing, gloves, shoes or hats) from the top or bottom of the body is regarded as a strip search under LEPRA”. There is no current document that provides such an explanation although it appears that interpretation of the definition is left to the individual or operation commander.”

Media release: Parliamentary Committee to examine oversight funding allocation and independence

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Submissions received into the parliamentary inquiry into funding for independent oversight bodies have all highlighted the secret and unfair funding allocation process. Each agency is facing crippling budget cuts and staff losses.

Submissions have been received from ICAC, LECC, the NSW Electoral Commission, the NSW Ombudsman.

The submissions have a common theme that the current system where core funding is set by those who are subject to oversight has meant that allocations often do not meet operational requirements and are too often subject to Government-imposed efficiency dividends or other cost-saving measures.

Greens MP and Chair of the Public Accountability Committee David Shoebridge said:

“It is critical that these independent watchdogs are not strangled by the Government they are supposed to oversight.

“Having legal independence is one thing but it means very little if the Government can prevent investigation by cutting off the money.

“This inquiry was set up in response to growing concerns that independent oversight is at risk by a budget process controlled by the very people who are being scrutinized.

“Submissions received to date show a high level of concern among these institutions that they will soon not have the resources to do the jobs they are by law required to do.

“The ICAC projected budget will require forced redundancies of one quarter of all staff which will inevitably compromise the integrity and independence of the body.

“The Law Enforcement Conduct Commission is currently only able to investigate around 2% of complaints received.

“The budget cuts imposed on the LECC means that while complaints increased 17% in 2018-19 in 2020-21 the agency will have almost $5 million less to deal with them.

“The NSW Electoral Commission advises that only 1 of the 14 applications they made for important projects was approved, and it delivered more funding to political participants.

“We will be seriously considering the matters raised and the impact they have on integrity, independence and accountability of these important bodies,” said Mr Shoebridge.

Media release: Video appears to show police forcing drug dog to indicate for drugs.

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The video shared on the Sniff Off Facebook page appears to show police forcing a drug dog to sit and indicate a person for drugs.

The video was taken at Sydney Showground on Sunday evening during the Epik Music festival.

Founder of Sniff Off and Greens MP David Shoebridge said: 

“Drug dogs get it wrong almost 70 percent of the time and this video shows you one of the reasons why.

“The NSW Police use their drug dog program as an excuse to submit people to the humiliating and traumatising strip searches at random.

“We are constantly hearing from young people that the drug dogs haven’t indicated they have drugs but they are still searched by police.

“Forcing a drug dog to sit as a way of trying to justify a search is so obviously wrong that maybe even the Police Commissioner will do something,” said Mr Shoebridge

Media Release: Priorities all wrong as NSW Coalition delivers thousands more police but hundreds fewer fire paid fighters

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Media Release: Priorities all wrong as NSW Coalition delivers thousands more police but hundreds fewer fire paid fighters

Analysis by the Greens NSW shows in the nine years since the Coalition was elected in NSW the number of paid professional firefighters has fallen by over 110. At the same time the number of NSW police has already increased by over 1,150 with another 1,500 police budgeted to be recruited within four years. This skewing of scarce emergency resources away from fire safety and firefighting towards more and more police has left NSW dangerously exposed in the current fire crisis.

Full details of the analysis based on published state budgets and annual reports for the various emergency services agencies are found below. 

Retained firefighters are fully trained Fire and Rescue personnel who work on an “on-call” basis. They are paid a base weekly retainer and additional hourly payments whenever they work.

Greens MP David Shoebridge said: 

“There is something dreadfully wrong with the Coalition’s priorities that has seen it pump billions of dollars into more police while stripping back the number of paid firefighters. 

“Since 2011 when the Coalition government was first elected, NSW has 108 fewer retained firefighters and three less full time firefighters, meanwhile police numbers have skyrocketed to record highs.

“When there are record low crime rates and record levels of risk from climate change and fire it is extraordinary that emergency services funding has been so misdirected.

“At a time when we need hundreds and hundreds more firefighters and probably fewer police, we have got the exact opposite, with the government now budgeting for a further 1,500 police. 

“While the RFS has seen a funding increase, none of that has been for paid front-line fire-fighting staff and the state’s over-reliance on volunteer firefighting is already seeing exhaustion take its toll on the volunteer base.

“This is a case of politics failing the ultimate test of keeping the public safe, where both Labor and the Coalition compete between themselves to support the greatest number of police regardless of the evidence.

“We urgently need to review these budget allocations going forward. 

 “Parliament needs to respond to the current crisis and that means immediately diverting to NSW Fire and Rescue all of the $583 million extra that has been set aside for extra police over the next four years,” Mr Shoebridge said.

Detailed budget analysis below: 

In 2010/2011 the budget for NSW Fire and Rescue was $636 million 2011 dollars. Adjusted for inflation that is $750 million in 2019 dollars. In 2011 there were 3,516 full time fire officers and 3,382 retained fire fighters.

For the 2019/2020 FY the NSW Fire and Rescue budget is $774 million and as at 30 June 2019 there were 3,513 full time fire officers and 3,274 retained fire fighters. This is a loss of 3 full time and 108 retained firefighters over 8 years

In 2010/11 the budget for the NSW Police was in $2,849 million in 2011 dollars. Adjusted for inflation that is $3,360 million in 2019 dollars. In 2011 there were 15,943 NSW police.

For the 2019/2020 FY the NSW Police budget is $3,807 million and as at 30 June 2019 there were 17,111 NSW police. This is an increase of 1,168 police in just 8 years. This number will increase to well over 18,000 by 2023.

In 2010/11 the budget for the NSW RFS was in $239 million in 2011 dollars. Adjusted for inflation that is $282 million in 2019 dollars. In 2011 the RFS had 920 employees and 70,448 volunteers on the books.

For the 2019/2020 FY the NSW RFS budget is $524 million and as at 30 June 2019 there were 936 full time employees and 71,234 volunteers. This is an increase of just 16 full time employees over 8 years. The number of volunteers on the books is a highly contested figure with the number of active volunteers being a fraction of the total number disclosed.

 

Video of police activity at Lost City under 18 Music Festival on Sunday 23 February 2020

Media Release: Strip search class action shows need for law change 

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Media Release: Strip search class action shows need for law change 

27 May 2020 

The announcement today that Redfern Legal Centre and Slater and Gordon are joining together to bring a class action for unlawful police strip searches highlights the urgent need to change the laws around strip searches in NSW. The Greens have a bill we will be moving this year to achieve these much needed reforms.

Greens MP David Shoebridge said: 

“Previous investigations of the strip search program including by the Law Enforcement Conduct Commission have shown that police strip searches are routinely illegal. 

“This means that police are constantly breaching the law while subjecting people to humiliating and pointless public strip searches. 

“If even a small number of those who have been unlawfully strip searched engage in a successful class action, the taxpayer will be paying millions of dollars in compensation for this abuse of police powers. 

“Years of data shows that the strip search program has no impact on drug supply or consumption and regularly breaches people’s basic human rights. 

“Despite this there have been no legal changes to address the mounting public concern with the program. 

“It’s clearly time for Parliament to step in and change the law to protect the citizens of NSW both from illegal searches and from paying millions of dollars of scarce public money in settlements. 

“We have a bill ready to introduce to Parliament that will stop the drug dog program that is at the heart of many strip searches, as well as providing strict limits on police strip searches. 

“The law needs to be fixed and we call on all parties to join us in facing this challenge,” Mr Shoebridge said. 

 

Media Release: LECC reports show a pattern of unlawful searches, record-keeping failures and pressure from senior police 

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Media Release: LECC reports show a pattern of unlawful searches, record-keeping failures and pressure from senior police 

Reports released by the LECC today show a police force unwilling to properly investigate misconduct and junior police being pressured to routinely commit illegal strip searches.

The report into the arrest, detention and strip searching of two female protesters in 2017 shows unlawfulness by police almost every step of the way, with incorrect directions, unlawful arrests, unnecessary and unjustified strip searches and a failure of proper record keeping.

It is only the repeated interventions of the LECC into the internal investigations that finally resulted in sustained findings, and the consequences of these were a warning notice and a training session.

The Strike Force Blackford report shows a pattern of unlawful strip searches, improper record keeping and harassment of young women by often young female police who feel pressured to conduct these searches. The report details how junior police were repeatedly directed to undertake illegal strip searches with evidence such as this:

Greens MP and Justice spokesperson David Shoebridge said: 

“These reports show a disturbing pattern of junior officers being routinely ordered to illegally strip search young people.

“Those senior officers who ordered junior police to undertake unlawful strip searches need to be held to account. They have absolutely no excuse for their conduct.

“The consistent pattern of unlawful searches and misleading or missing records is particularly concerning and has made it extremely difficult to uncover police misconduct.

“The data we have obtained from the Police shows thousands of strip searches carried out each year, but the systemic failure to record many searches, as set out in these reports, means there are likely many thousands of additional searches each year.

“Evidence heard by the LECC includes that the police forced people to cough and squat or to bend over while naked, despite the fact that this is clearly unlawful.

“It is deeply troubling that the police have rejected calls to expressly ban this practice in their strip search manual.

“The case is building for a major overhaul of NSW strip search laws to protect people’s dignity and stop these repeated abuses by police,” Mr Shoebridge said.

A brief summary of the reports are below.

Arrest, Detention and Strip Searching of Two Female Protesters on 10/11/2017

  • 10 November 2017 Refugee protest where two women arrested, strip searched and released without charge.
  • The charge was allegedly obstructing traffic but there had not been any traffic actually obstructed.
  • Initial police investigation in May 2018 made a number of Not Sustained findings – the adequacy of this investigation was challenged by the LECC.
  • Then Central Metro Command made a number of Sustained findings but again the LECC pushed back that the two searching officers were incorrectly let off, after this there were Sustained findings against them.
  • The arrests were found to be unlawful, the charges were inappropriate and the strip searches were also not permissible.
  • It was also discovered that the police did not communicate with the complainants about the investigations and were not timely in their provision of information to the LECC.
  • Where there were sustained findings the only consequence identified was that officers were issued a “Commanders’ Warning Notice and required to undergo a face to face training session on LEPRA arrest requirements”.

Strike Force Blackford

Young woman strip searched at Hidden Music Festival 2 March 2019 

  • Unlawful search, banning order also unlawful
  • Computer records about this later deleted
  • An apology to the young woman is recommended by the LECC

Young Woman strip searched at Secret Garden Music Festival 2019 

  • Sustained findings were recommended in relation to the lawfulness of the search and the adequacy of the records created about the search.

Midnight Mafia 2018 

  • Strip search conducted on basis of evidence including a lollipop, nothing found
  • Police did not create a computer record of the search which is a serious breach


Media release: Police payouts to misconduct waste millions in public money 

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Media release: Police payouts to misconduct waste millions in public money 

9 September 2020

Documents released through Parliament following a motion by the Greens show almost 300 cases each year of the police being sued for misconduct and other bad behaviour, with millions in public funds paying for the outcomes.

Greens MP and Justice Spokesperson David Shoebridge said:

“Police are being sued at least once every working day for serious misconduct including battery, false imprisonment and malicious prosecution.

“The over 2 million of public money each month that police misconduct costs the taxpayer could be used to support and protect communities, rather than just as secret payouts.

“We have been trying to get access to this data for years but police have tried everything to hide it. This information should be used as part of core police activity of  identifying, addressing and preventing police misconduct.

“The outcomes of these cases are usually suppressed, meaning its impossible to know whether the police whose misconduct has resulted in  large payments to victims have faced any sanction at all.

“It’s very likely that most or all the officers whose actions have led to the police being sued are still working in their usual roles with no significant sanction or penalty.

“It’s hard to sue the police especially because of the resources and power of the organisation, the fact that over 300 cases are brought each year shows us just the tip of the iceberg of likely possible cases.

“This is also a message to people out there who have been the victim of bad police behaviour, chat with a lawyer because you may have a legal remedy available to you.

“We’ll be following up this information request to find out whether any action has been taken to change systems and processes following any of these cases,” Mr Shoebridge said.

 Media Release: Almost 2 million reasons to Sniff Off

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 Media Release
11 November 2020

 Media Release: Almost 2 million reasons to Sniff Off

 The Greens have today presented our bill to Parliament to stop the worst excesses of the drug dog and strip search schemes and introduce a much needed corrective to the creep of police powers that has led to almost 2 million searches since 2013.

The Law Enforcement (Powers and Responsibilities) Amendment (Drug Detection Dogs and Strip Searches) Bill 2020 prohibits the use of drug detection dogs without a warrant, limits the circumstances in which strip searches can occur and prohibits strip searches of children under 16. It also prohibits targets for oppressive powers including searches and move on orders.

Since 2013 police have had targets to undertake 1,784,292 searches. In that period they actually undertook 1,936,782 searches. That’s one search for every 4 people in NSW.

Greens MP David Shoebridge said:

“People have been calling for urgent changes to police practice on drug dogs for many years now, and it’s time for legislation to fix what the police are unwilling to address.

“Investigations by the Law Enforcement Conduct Commission have shown the drug dog and strip search programs are resulting in large numbers of unlawful searches each year, as well as causing significant trauma to members of the public.

“The world is listening to the Black Lives Matter movement, calling for curbs on excessive police powers, this bill pushes NSW down that path.

“We’ve got young women, victims of sexual assault, being required to strip by heavily armed police officers for a scheme where 66.1% of searches find nothing.

“For many of these people the “reasonable grounds” the officer had to strip search them was that they were attending a music festival, or catching a train. That’s just not good enough.It shouldn’t be controversial to say that people should not be strip searched by heavily armed police officers unless there is a bloody good reason.

“Strip searches are supposed to be a last resort but it’s clear to anyone watching that they are routine policy.

“After all of the shocking stories we have heard about police searches and drug dogs we’re hoping this will finally be the end of the bipartisan backing of these oppressive police powers” Mr Shoebridge said.





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