Police Commissioner claims she is above the law and cannot be charged with any criminal offence in her position

Apr 22

Posted by Editor, cairnsnews

Labor Magistrate throws out charges

Charges against the Queensland Police Commissioner for failing to provide regular tyre-spike training to her officers have been dismissed.

Katarina Carroll had been charged with two counts of failing to comply with her health and safety duties between January 1, 2012, and June 30, 2019. During this 7½-year period, 26 officers were injured on the job while deploying tyre spikes.

Qld Police Commissioner Katarina Carroll, from Herberton, says she cannot be prosecuted for any offence in her position

She sought to have the charges, brought by the Office of the Work Health and Safety Prosecutor, thrown out because she was not in the top job during the period alleged, and she claimed she couldn’t be charged with criminal offences in her position.

The charges were filed on February 1, 2021. The first charge relates to officers being put at risk by the Commissioner’s actions, while the second relates to risks to members of the public.

Magistrate Stephen Courtney handed down his decision at the Brisbane Magistrates Court on Thursday afternoon.

He said that after reading through the Work Health and Safety Act and The Police Service Administration Act, he found the police commissioner herself could not be a defendant.

Police Inspector John Bosnjak, brother to Commissioner Katarina Carroll, hails from the Herberton district of FNQ. He is able to be charged and was fined $500 for drink driving in 2019

“Ultimately, I am satisfied section 248 does not authorise the office of the commissioner of the police service to be named as a defendant and a complaint will be in breach of the work health and safety act,” he said.

“I am also satisfied the office of the commissioner of the police service is not otherwise a legal personality capable of being so named.”

Judge Courtney also said the particulars around practical measures of spikes were at times “inconsistent” but followed legal obligations overall.

“The particulars read together tell the commissioner what duty owed, when it failed to comply with the duty, what it did in attempting to comply with duty, what additional measures were practical … I am satisfied the particulars read as a whole satisfy those requirements,” he said. – Brisbane Times

Share this:

Published by Nelle

I am interested in writing short stories for my pleasure and my family's but although I have published four family books I will not go down that path again but still want what I write out there so I will see how this goes

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: