Watch-house assault officer to be re-sentenced

Farq, he did have other injuries following self harm attempts when he was sprayed so that probably played a major part.

Although knowing all about the Victorian cops…

Wow I just read the article and was thinking of bringing up just how long it is until someone especially a severely intoxicated/drugged up someone has a very bad reaction to the chemical spray.

Beaten to the punch there for sure

A guy went a little mental in Melb with a sword and they drove a truck up to him sprayed him with that stuff and jumped him, job done. Well job done after an hour long stand off.

Anyway I wasn’t arguing the semantics just bringing up the overall point that providing easy access to “non-lethal” force simply increases the likelihood it will be abused as we’ve seen by the gallant Mr Birch.

I’ve seen some puny cops to.

Sleaz274 said :

I think I’d prefer a swift series of punches to the chops than a face full of that muck.

not sure about that, I’ve seen some big cops.

although: http://www.abc.net.au/news/stories/2008/03/13/2188881.htm

Farq, are magistrate’s rulings available online?
I didn’t think they were, and only on certain legal databases?

Sleaz274 said :

One question that hasn’t been brought up during all this is why they need the stuff in the first place.

As far as the watch house goes, members do not carry anything on their belts, so OC spray is an option available to them if and when appropriate.

In other situations (ie. on the street), it is a simple, effective (on most people) and harmless way to subdue an aggressive person. The alternative to spray is more hands on (take-downs, pain compliance holds, strikes etc), greatly increasing the risk of injury to both the offender, and the officers involved. It’s worth noting that there are a lot of people out there with infectious diseases like Hep C, HIV,etc.

A short burst of spray and a quick decontamination is preferable to the alternative. It is a great tool when used appropriately.

As for using spray when someone is going crazy with a sword…ummm. No.

One question that hasn’t been brought up during all this is why they need the stuff in the first place. I’m sure I’ve read reports/studies arguing against the easy availability of “non-lethal” force for police because it actually increases the number of assaults/inappropriate use of force by police themselves. Tasers have been a huge hot topic in the US and simply because officers are taught “it has no lasting harmful effect” they seem more inclined to use force in situations which do not require it. A watch house with 7 officers nearby hardly seems like the place a face full of very nasty chemicals is warranted, a riot maybe or when some nutter is going awol with a sword, or sure if an officer is directly threatened. A punch in the face has “no last effects” either (bones mend, cuts heal, bruises go down) but we still consider that assault and personally I think I’d prefer a swift series of punches to the chops than a face full of that muck.

Anyway the non-lethal force issue should probably enter the discussion hence my contribution…and personally I think most sentences in the ACT are woefully inadequate.

Had a very quick search earlier, but couldn’t find it.

Would the magistrate’s judgment from the trial be available? Can not seem to find it.

farq said :

Special G: sorry, could just elaborate on what you mean by “…succumbed to his own culture.”?

Tooks: The Ombudsman’s report sounds interesting. Think I’ve found it (8.9 mb):

http://www.comb.gov.au/commonwealth/publish.nsf/AttachmentsByTitle/reports_2007_06/$FILE/watchhouse_2007_06.pdf

Waiting for it download now.

Will have a good looksee at it myself, when a get the chance. Cheers 🙂

Special G: sorry, could just elaborate on what you mean by “…succumbed to his own culture.”?

Tooks: The Ombudsman’s report sounds interesting. Think I’ve found it (8.9 mb):

http://www.comb.gov.au/commonwealth/publish.nsf/AttachmentsByTitle/reports_2007_06/$FILE/watchhouse_2007_06.pdf

Waiting for it download now.

Has anyone actually looked at when a copper is able to use OC spray. It’s a pretty liberal definition. Birch at the time probably thought they were going to be violent and as such doused them with OC – why he thought that only he will ever know. Obviously he had been on the thiin blue line a bit too long and had succumbed to his own culture.

As for the AFP publishing what happened to other officers there is a thing called the privacy act which I’m sure has some things to say about printing why people get sacked, asked to stand down, etc.. If this had happened it would damage their reputation.

It’s very good that the review was able to identify some practical measures and that they have mostly been implemented.

Granny said :

I am not assuming that, Tooks.

: )

Not aimed at you, Granny :-), or anyone in particular; just a general comment.

I am not assuming that, Tooks.

: )

A couple of quotes from a Canberra Times article:

“After a joint review by the AFP and the Commonwealth Ombudsman this year, many of the watch-house practices have changed, with 80 per cent of the Ombudsman report’s recommendations implemented.”

“It was also argued his (Birch) behaviour had been consistent with the ‘watch-house culture’, which the magistrate rejected.”

As mentioned previously, we don’t know if the other officers involved were investigated by PRS and/or disciplined for not reporting the incidents when they occurred. I think some people are assuming they got off scott free, which I doubt is the case.

Yes, but the complaint came from a victim not a police officer. So either:

1. Aurelius is right. Police will protect one of their own at all costs and did not wish to report the incidents, or
2. The other police involved were appalled by the incidents and did wish to report them, but were unwilling to avail themselves of the ‘internal procedures’.

Either way, there are obviously some cultural issues that need to be addressed.

In the first case, I still believe we can and must break down those “us” and “them” barriers as much as possible. The police and the community should feel as though they are on the same side and it is natural to work together. The police should feel, “There are some bad apples, but on the whole they’re a nice bunch,” and the same with the community.

In the second case, it’s like I said. It’s what can happen to the future prospects of a ‘whistle blower’ and what can be done to mitigate these effects that must be addressed.

Clearly the system of internal reporting has been shown not to have worked if it is left to the victims to report the behaviour.

Aurelius said :

Bubbles, didn’t the story only come out because the victim reported it?

Internal complaints in the police service, for something as low-key as this, are very rarely pursued vigorously, and almost never end up in criminal charges.

Aurelius it appears you do not have a lot of knowledge with regard to AFP internal investigation. I know for a fact that matters less serious than this are vigorously pursued.

Perhaps the victim reported it to AFP Internal who followed it up and pressed charges. I don’t know and it is highly unlikely that this sort of info would be made public anyway. Fact is Sgt Birch has been sacked from the AFP and charged criminally for several acts of intolerant bhaviour b a police officer.

And as far as criminal charges are concerned AFP officers lose their jobs over internal investigations more than what the public hear in the media.

Farq,
The reason it happens is because there’s US and THEM.
One of the US was assaulting one of the THEM.
The US don’t stand up for the THEM.
US = those in uniform.
THEM = everyone else.

There might be an occasional bad apple amongst the US who does not apply this measure when assessing who the good guys are, and who the bad guys are, but they’re rare.

The sort of processes like “School Bullying” policies, which sound fantastic in theory but end up with the kid being pronounced guilty of ‘victimhood’ and told to walk away whenever the kids are cruel or threatening.

He can also hold up his hand like a complete prat and say, “Stop! I do not like it when you do that. It makes me feel bad inside,” while the bullies roll around laughing and throw rocks.

In the real world these things are often more complicated than the ‘internal procedures’ would indicate.

Bubbles: My understanding is one of the victims made the initial complaint.

Lets say for the sake of the argument that a fellow officer did report him. Why did it take them 7 months?

Every officer who witnessed the first incident should have made use of the anonymous complaint system. The fact that the abuses continued for another 6 months suggests either they did not, or the complaint was not investigated.

So the other officers had the opportunity and proof they needed to stop the abuses but did not. They must have condoned his behaviour.

What kind of workplace has a culture where you turn a blind eye to assault?

Bubbles, didn’t the story only come out because the victim reported it?
Internal complaints in the police service, for something as low-key as this, are very rarely pursued vigorously, and almost never end up in criminal charges.

farq how do you know that he was never reported internally?

I am not a police officer but I am very conversant on the internal procedures of AFP reporting. Even though he was the superior officer of all the ‘spectators’ he would not be protected from an internal report about his behaviour.

Each of those persons has the opportunity to lodge a complaint that would be investigated to the full degree. And there are measures in place that each of those persons are able to lodge a complaint anonymously.

The same thing happens to nurses reporting negligence or malpractice of a doctor, or any other whistleblower for that matter.

These systems are all designed to deter their people from speaking out. It is wrong to minimise the effects that whistleblowing can have on the future life of a person, let alone their career.

Peterh: So you agree that there are cultural issues within the AFP that allowed the abuse to happen?

You would hope that the AFP only hired candidates with high levels of ‘intestinal fortitude’.

@farq: okay, there was cctv footage. but there is also a promising career in the afp. It would take a lot of intestinal fortitude for a junior officer to stand up to a sergeant. It does happen, but you have to be absolutely certain you are right.

Thumper: Yeah sorry, my bad.

Peterh: oh my goodness, the other officers could just point to the CCTV footage for evidence against their sergeant. As evidence collection goes, it would not be too hard.

Bubbles: I’ve never said the sentence was too lenient, as long as he is no longer a cop is good enough for me. I don’t think sending him to prison would help anyone.

We raise concerns about the culture of the AFP because.. God just look at the case and read the above comments.

9 times, over at least a seven month period. Many fellow officers stood by and did nothing. He was only caught out because of the CCTV, not because his colleagues stood up and did their duty.

The system failed. Safeguards to prevent police brutality have been proven (by this case) to be inadequate.

Bubbles – I know, I am ashamed of myself. I bet it really, really hurts. Probably agonising.

But I would make the point that none of my friends or family would ever be arrested for being drunk and disorderly.

Loose Brown that is disgusting. Have you ever been sprayed? If you were a normal person you would not wish that upon anyone, even your enemy.

What if it were you or one of your friends or family?

@farq:

my goodness, just because thumper speaks of senior officers, and effectively the chain of command, doesn’t make him a member of the afp. considering that he has spent time in the ADF, gleaned from other posts in RA, it would make him eminently capable of understanding the impact to an officer versus a sergeant.

I understand what is being said here, as well.

If the other officers, not being of the same rank and only constables, made a complaint against a sergeant, they would need substantial evidence to do so. If they could not prove their complaint against the senior officer, it would be ignored. The fact that the lower officers are taught that their superior is far more experienced than they are, does not help.

This is not a good image for the other members of the AFP, they have a hard job to perform, and I would prefer that this guy is dealt with expediently, allowing us to get on with our lives, knowing that he was punished for his actions.

(I, also am not an AFP member, I am ex ADF)

I KNOW this is bad, but as horrible I thought this policeman’s actions were – I did experience a little pleasureable thrill watching the footage of him causing pain to those drunken, aggressive types. Like I said – I KNOW this is bad.

Well from where I am sitting it looks like we should have more of a concern over the Judicial system than the AFP.

Why is it that you are all getting into the lousy sentence this guy has been given and blaming the AFP? How are they responsible for the sentence handed down in the courts?

I am not at all condoning Birch and his behaviour. Yes I agree that it is a form of assault. But in view of the form of assault there was no need for medical intervention or long term lasting injuries, hence it can be considered a minor assault.

The issue I have is th sentencing procedures though. I have heard of recidivist offenders with many more charges than Birch getting off with suspended sentences.

So in my eyes Birch hs received the standard sentence in the courts.

Thumper,
Farq thinks you’re a copper?

Thumber & Tooks: Thanks for taking the bait! You both have made good points and while you are not obligated to, it’s good to have AFP officers putting their point of view. I agree with you that more is ;not known’ than ‘known’ about these cases. Still what is known raises some very unsettling questions about the AFP as an organisation.

I must say that I don’t think the idea that the other officers thought it was a ‘just a one-off’ to be credible. Assault is assault. It suggests that Police will overlook the abuses of their colleagues as long as it does not happen too often. Scary!

I do find it interesting that the AFP has not have much to say about the case. Maybe I missed it but has the AFP’s leadership ever expressed remorse for allowing it to happen on their watch? If other officers where stood down or disciplined why not tell us at every opportunity?

Has the AFPA admonished Birch for BesmIRCHing the reputation of their members?

Where is our human rights loving government on this issue? Has the election year and the possibility of turning the very vocal AFPA off side pushed this issue into the political ‘too hard basket’?

It’s time the AFP stood up and make the effort to reassure the public that the failings within the system that allowed this to go on for at least 7 months have been identified and fixed?

@Aurelius: cheers for the inside scoop (genuinely) – I must say it certainly doesn’t surprise me tho.

Thumper, please re-read the italics before my last comments. I did not for one second suggest I was there. I was merely responding to your question of “what were the poor other police supposed to do – surely not dob in one of their own – especially a higher ranking officer”.

I would just like to thank the wonderful policeman who took pity on me the other day when my two front tyres were defected. He said, ‘You will need your money to buy the new tyres.’ He and the RTA guy probably saved my life, as the tyres had worn through to the metal and could have blown out at any moment. The RTA guy even loaned me his phone so I could call and make alternative arrangements for the preschooler I was on my way to collect.

There are bad eggs in every sector of society, but that is not sufficient reason to make assumptions about others in the group. Our whole legal system is based on the premise of innocent until proven guilty. Trial by media or popular opinion is like a wild west lynch mob by comparison with a well-conducted investigation or review.

Of course, we should be asking these questions but certainly not casting aspersions.

It is quite possible that these officers were as traumatised as “The Brad” with the magpie incident – that they wish they had spoken out and are hating themselves for the choices they made. Many things are possible, and little is gained by idle speculation.

Tylers,
Having worked for a time last year in a local police station, I have my doubts that any of the staff would recognise sexual harassment if it jumped up and down in front of them wearing a T-shirt that had “Hello, my name’s Sexual Harassment” on it in flashing lights.
What surprised me even worse was that the behaviour was most exhibited by the middle-aged female middle managers. In any other office in this city, at least half the staff would be on Harassment charges within about 20 minutes. And they’d be baffled that their behaviour was inappropriate.

That’s what I was going to suggest. Birch was a Sgt. What were the others going to do? Shoot him? Cuff him? report it to superiors? He was superior.

What a load of bollocks! They should have had the balls to make a formal complaint against him if they “really” believed he was doing wrong.

Would it be acceptable if I was sexually harassing an employee, and no-one dobbed me in because I was the boss?! Please! Of course they would if they believed it was wrong.

I would like to, Tooks.

I also suspect, since they were so willing to go along with this, that there is a hint of such a culture being alive within the force as Farq suggested. It is not such a low bow as Thumper suggested.

And if the culture of the organisation lead to officers not reporting assault by a police officer NINE TIMES then, well, that sounds like a cultural problem.

A really big one.

Deadmandrinking said :

That’s what I was going to suggest. Birch was a Sgt. What were the others going to do? Shoot him? Cuff him? report it to superiors? He was superior.

Maybe the alleged offender said something and Birch reacted thus the others thought to themselves that it may have been over the top but fair enough.

I don’t know.

However, I do know that Birch overstepped the mark and was punished. That’s it, nothing more.

There is something more, the security footage showed that.

They should have intervened. He was a Sgt, yes, but once he started assaulting that prisoner he had pretty much gone beyond the realm of professional duty into personal action. It is a police officers sworn duty to protect the public from harm. The prisoner was being subjected to criminal assault. The officers present failed their professional duty.

Maybe the officers who were present were investigated and disciplined. Maybe they were sacked, for all we know.

That’s what I was going to suggest. Birch was a Sgt. What were the others going to do? Shoot him? Cuff him? report it to superiors? He was superior.

Maybe the alleged offender said something and Birch reacted thus the others thought to themselves that it may have been over the top but fair enough.

I don’t know.

However, I do know that Birch overstepped the mark and was punished. That’s it, nothing more.

There is something more, the security footage showed that.

They should have intervened. He was a Sgt, yes, but once he started assaulting that prisoner he had pretty much gone beyond the realm of professional duty into personal action. It is a police officers sworn duty to protect the public from harm. The prisoner was being subjected to criminal assault. The officers present failed their professional duty.

I actually think a wombat is a fantastic idea for a mascot and would definitely make the police seem more warm and ‘fuzzy’!

*boom boom*

ant said :

Granny said :

There should be a program to build more positive interaction between the police and the community so they feel more supported by the community and the city has more of a ‘country policing’ feel like in the old “A Country Practice”.

Each member to have his own Wombat, issued for the purposes of.

I reckon Canberra would be more like Mt Thomas, crime capitol of the world (although Sun Hill has overtaken it, they’ve got Terrorists).

What was the wombat’s name? Fatso, wasn’t it?

Granny said :

There should be a program to build more positive interaction between the police and the community so they feel more supported by the community and the city has more of a ‘country policing’ feel like in the old “A Country Practice”.

Each member to have his own Wombat, issued for the purposes of.

I reckon Canberra would be more like Mt Thomas, crime capitol of the world (although Sun Hill has overtaken it, they’ve got Terrorists).

Deadmandrinking said :

Birch was out of line and was punished.

What pushed him to do such a thing we will never know.

But to suggest this is a cultural thing that is deeply embedded in the AFP is really drawing a low bow.

Then explain why the other officers just stood there…

Who knows? Maybe it was a case of ‘sh!t, it’s a sgt, better not question what he’s doing’, or maybe they convinced themselves that the use of spray was justified. Maybe there were different members there during the each incident who each thought it was ‘just a one-off’.

Would any excuse for standing by and doing nothing be deemed acceptable by most? Probably not.

People say I’m a dreamer, but I’m not the only one, DMD!

*chuckle*

^ and be detained until they determine whether the cakes have anthrax in them?

I think that police probably need a bit more support than they are getting.

Even law-abiding members of the community, who appreciate what they do, are a bit afraid when they see a police car.

It’s like in school when the teacher says, “Who put the glue on my chair? Nobody is going home till the person owns up,” and you know it wasn’t you, but the more innocent you try and look the more guilty you feel. You see a policeman and you feel guilty even though you haven’t done anything wrong.

There should be a program to build more positive interaction between the police and the community so they feel more supported by the community and the city has more of a ‘country policing’ feel like in the old “A Country Practice”.

It would be nice for us to be dropping home-made cakes into the station for morning tea and stuff.

Birch was out of line and was punished.

What pushed him to do such a thing we will never know.

But to suggest this is a cultural thing that is deeply embedded in the AFP is really drawing a low bow.

Then explain why the other officers just stood there…

farq said :

oh no, I made a typo. Guess that invalidates all the points I made 🙂

Interesting that our resident plods don’t have much to add on this thread. This is one issue that they should be very interested in.

Is it because they think Birch was just abnormal and they are completely comfortable with a system that allowed this to happen for at least 7 months.

Or is it one of those ‘There But for the Grace of God go I’ issues? I really hope not.

What’s to add? What’s to be interested in? He was caught, convicted and sentenced for the 9 (I think) assaults. There has been a full watch house review, identifying various issues in the watch house and measures put in place to prevent future incidents.

Without knowing the full details of the case, I don’t know why it went on for so long as it did. I also don’t know if there was an investigation into those who were present during the incidents or not.

Every officer knows how to use OC and in what circumstances they can use it. The bottom line is Birch did the wrong thing and was punished.

oh no, I made a typo. Guess that invalidates all the points I made 🙂

Interesting that our resident plods don’t have much to add on this thread. This is one issue that they should be very interested in.

Is it because they think Birch was just abnormal and they are completely comfortable with a system that allowed this to happen for at least 7 months.

Or is it one of those ‘There But for the Grace of God go I’ issues? I really hope not.

I’ve got a mate who’s name is Steve McQueen – for real. And funnily enough, he is a bit of a goat!

An ‘escape’ goat?

He means an escargot. He’s lost, thinks he’s in the Offal Thread http://the-riotact.com/?p=8510

Mr Shab, whilst OC needs to be used within reason, There is still a need for it in the watch house.

Believe it or not there are violent people out there that have no respect for the law, the cops, you or your mates. Rather than coppers going in with fists, which can potentially cause more damage, I’d rather they use OC.

OC Hurts a hell of a lot, but is there anyone of those ‘victims’ that have permanent injury? Infact I cant remember in recent times any stories of people suffering permanent damage from OC.

There was a story in the Fairfax rags this morning about a bloke who dropped dead after eating a jar of chilli sauce. Maybe it is a little dangerous.

Dangerous or nay – hosing someone in a watch house without provocation doesn’t seem like a particularly just action; regardless of how big a ratbag the person on the receiving end is.

What’s an “escape goat”?

Anyone else get a mental picture of a goat dressed as Steve McQueen?

ant said :

Breaking the speed limit is a quite different to blasting someone in the face with a bucket-load of corrosive goop! I saw the footage on the news tonight, holy crap! And that stuff is chillis? That’s dangerous, surely?

OC spray hurts. A lot. But come on! Corrosive? No. Dangerous? No.

I’m not condoning what he did, because assault is assault. What he did was clearly unacceptable, but not dangerous.

vandam: have to agree with on the sentence, the fact he is no longer a cop is enough for me.

As I have said, Birch was probably only doing what he was taught to do…(maybe what was taught to him informally when he was a coming through the ranks). This man was a sergeant, he did it nine times.

Even if we assume these nine abuses were the only ones he ever committed, how could he get away with it for seven months?

Instead of making an escape goat out of Birch, we should be looking at the system that created him.

BTW: johnboy’s return and introduction of the mod queue has really changed things. People seem to be reading each others posts!

Breaking the speed limit is a quite different to blasting someone in the face with a bucket-load of corrosive goop! I saw the footage on the news tonight, holy crap! And that stuff is chillis? That’s dangerous, surely?

Farq, (oh and sorry for double post)

Oh and how many times did you break the speed limit in the last 30 years? Do you think you should wear fines for every breach of the law as well?

I’m not defending him, but just saying that his original sentence was more than a person would receive if they were not in a power of trust. We always want fairnest and consistancy in our judicial system and I think people are going after him purely cause he was a cop.

Whilst I don’t agree with the actions of what happened, at the same time I don’t think he should go to jail.

Murderers, sex offenders, burglers don’t go to jail here so why should someone who committed assaults. I think it is grossly unprofessional for DPP to object to the sentence along with having an interstate judge attend for the hearing.

What happen to the appeal for all the other lenient sentences. DPP need to have a good hard look at themselves. They are by far some of the lamest lawyers within Australia.

Special G: My understanding is that a prisoner lodged the complaint. The fact that no one else reported him suggests a cultural issue.

Who knows how many other times Birch has abused his power in a 30 year career?

One too many times? The first time is too many!

A custodial sentence would be perfect for someone who is convicted for treating prisoners this way.
One can only imagine what sort of joy Birch will experience inside without a tin of OC spray to help him make friends.

I’d have to disagree with you farq – saying it’s a Police culture would see many more officers up on the blocks just like Birch (note the spelling jakez) and so it should be. Police are given powers to deal with situations that may require force and blatant disregard and abuse of those powers should be punished. Is the sentence manifestly inadequate given the ACT. Probably not.

Should a 30 year career of good work be taken into account in sentencing? or should he be chucked in gaol, as a first time offender, because he didn’t get enough cuddles frm mummy as he was growing up and didn’t have a drug addiction.

OC spray is far from serious battery. Once you are decontaminated there are no long lasting effects.

Did the other officers see him do it too many times and then reported him because of it?

I agree farq. The thin blue line is a very strong shield.

Jokes aside, what is to stop officers like Birch pulling out the pepper spray at a traffic stop because they don’t like your attitude? Not much from the sounds of things (unless a CCTV camera is around).

jakez: Well said but I don’t see how punishing one man for the failing of the organisation’s culture achieves anything. What about the other officers who failed to stop or report Birch? Surely have an element of responsibility too! What about Birch’s supervisors? Where are they in all this?

The fact that in a watch house full of sworn officers, no one stopped or reported Birch suggests that they did not think his behaviour unlawful.

Birch was probably only doing what he was taught to do, just a product of his work environment.

Bigger heads than Birch’s should roll.

What am I, chopped liver?

*chuckle*

Yes, ant ….

: )

Granny said :

Hamilton said :

I got booked for speeding by this guy in the early 90’s. Let’s just say he didn’t give the AFP a very good name!!

Just be grateful he didn’t give you more of a spray!

*chuckle*

Offal thread. Now.

He did the infamous ‘trying to understand the beauty of a rose by dissecting it petal by petal’ trick.

Sorry about the rose thing ….

What about NZ’er trekkies?

*Boom tish*

Aurelius said :

Crowther was about as wrong as he could be though.

You hate sheep and love trekkies?

Crowther was about as wrong as he could be though.

Aurelius said :

DMD,
and hate cops and Trekkies (if Mike was anywhere near the mark)

You’d love VG then. The way he talks, he’s gotta be a fan of Worf.

DMD,
and hate cops and Trekkies (if Mike was anywhere near the mark)

You love sheep and stuffed animals.

Jakez,
If you want to sum me up simply, do what Mike Crowther did – click on my name and read the list of threads I have started in RiotACT. Apparently, it gave Mike more insight than the rest of us combined.

Granny said :

Hamilton said :

I got booked for speeding by this guy in the early 90’s. Let’s just say he didn’t give the AFP a very good name!!

Just be grateful he didn’t give you more of a spray!

*chuckle*

Appallingly lame. I LOVE IT!

Deadmandrinking said :

I thought Aurelis was a lefty like me?

I get the feeling he’s more centre than left…or more centre-left than left.

Aurelius, we demand that you define yourself by a rigid unworkable one dimensional scale, THIS INSTANT!

Hamilton said :

I got booked for speeding by this guy in the early 90’s. Let’s just say he didn’t give the AFP a very good name!!

Just be grateful he didn’t give you more of a spray!

*chuckle*

I thought Aurelis was a lefty like me?

Aurelius, Deadman, and myself agreeing? I think we just ripped a hole in the fabric of space.

Holy crap, I’m finding myself agreeing with Jakez and DMD.
This is scary!

I got booked for speeding by this guy in the early 90’s. Let’s just say he didn’t give the AFP a very good name!!

jakez said :

Society entrusts the police with a great deal of power in order to protect us from the use of force by others, and to maintain peace and order.

The role of police is not easy. However, because of the power that is entrusted to police, society cannot and should not tolerate any abuse of that trust. Because of the role the police play in our society, they must be brought to account for any violation, and the punishment needs to be proportionate.

Mr Burch has done the equivalent of nine counts of significant battery. A three month suspended sentence would not be acceptable for the lay man. For someone in Mr Burch’s position, it is a disgrace.

Well said Jake.

Society entrusts the police with a great deal of power in order to protect us from the use of force by others, and to maintain peace and order.

The role of police is not easy. However, because of the power that is entrusted to police, society cannot and should not tolerate any abuse of that trust. Because of the role the police play in our society, they must be brought to account for any violation, and the punishment needs to be proportionate.

Mr Burch has done the equivalent of nine counts of significant battery. A three month suspended sentence would not be acceptable for the lay man. For someone in Mr Burch’s position, it is a disgrace.

The cameras must have imagined the whole thing.

I’d love to read the court transcripts to see what Birch’s defense was, the photo in the ABC report certainly didn’t look like the detainee was being very threatening.

He’s a bully. Unfortunately you find them in every sphere of life.

That cop must be mentally disturbed. The way he just opens up a can of capsicum spray into the face of a detainee, with seemingly no provocation, continues to shock me. Talk about abuse of authority.

“administering a substance to cause pain and discomfort”. when I read that, I figured he was feeding them fourex beer. Or Lamb’s Fry.

@farq: all very good and indeed quite worrying points you made.

I wonder if any of the other officers present raised concerns about Birch’s actions before a complaint was lodged?

The pessimist in me thinks that his colleagues supported his behaviour, that Birch’s actions are the product of the culture within the AFP. If he is a just a bad egg, why did no one else stop him? How did he rise to the rank of sergeant if his actions were not condoned?

Birch was only caught out because of the CCTV cameras in the watch house, otherwise he could of just made up any old story to justify his actions (“she attacked me!”).

If Birch (and his colleagues) are that spray happy in the controlled environment of a watch house, imagine what they think is acceptable out there in the big bad world? It’s fortunate for them they are not covered by CCTV the entire shift.

VYBerlinaV8_the_one_they_all_copy said :

Visiting Justice, eh? Sounds like this guy could be shit outta luck!

as long as the visiting justice is presiding for sentencing…

Throw the book at him and make him an example that no one is above the law. If i were him and i did not get sentenced, i would change my name and move out of the area. This is Canberra not Guantanamo Bay.

Visiting Justice, eh? Sounds like this guy could be shit outta luck!

Good – now maybe he might get charged adequately. That said, my understanding is that he has since retired from the Force? Would that make him at all able to avoid re-sentencing?

I have an idea. Perhaps tickets could be sold to a “special event” in Garema place where they string this guy up, and spray him 9 times over…say 9 hours, then let him go? Perhaps the combination of feeling some of the pain, and the public humiliation might sink in to his sick brain.

I agree duke. It’s the betrayal of trust that really sickens me.

…….and glad to hear it. Sure the cops have to put up with some pretty ugly customers, but hosing a person down with mace the way he did, grinning like an idiot as his minions looked on, I found quite sickening.

This is not the type of person fit to hold a position of authority.