The Crime and Misconduct Commission (CMC) would like to clarify the circumstances surrounding an alleged assault on Mr Shane McNamee, as reported in the media today.
The Queensland Police Service (QPS) had investigated the matter, and the CMC, in its overseeing capacity, had reviewed the QPS report.
The matter involving an alleged assault against Mr McNamee in early 2004 was one of a number of issues of which the CMC was aware concerning this particular Indigenous community. There were also underlying problems relating to the relationship between the police and the community.
The CMC advised the QPS that, while in its view there was sufficient evidence to consider criminal and disciplinary action against at least one officer involved in the McNamee matter, mediation would be more appropriate.
In forming this view, the CMC was mindful that past prosecutions involving a complaint against a police officer by an Indigenous person have not been successful. Importantly, by going to court just to resolve this particular matter, the underlying issues that needed to be addressed might have otherwise been left unresolved.
Unfortunately, the mediation process fell through and the QPS did not take disciplinary or criminal action.
In the meantime, the charge against Mr McNamee proceeded through the committal stage. The CMC continued to monitor the court proceedings – that is, to await the outcome of Mr McNamee’s trial.
The charges against Mr McNamee are not the responsibility of the CMC. They are
matters for the Director of Public Prosecutions and the QPS.
The CMC will monitor any trial of Mr McNamee to determine whether any further action is warranted against any police officer.
ENDS
