The Crime and Misconduct Commission wants a prompt response from the Police Commissioner following a Supreme Court decision upholding the CMC’s power to impose requirements arising from its Palm Island report.
CMC Chairperson Martin Moynihan AO QC says today’s Supreme Court ruling does not change the CMC’s original requirements for the Police Commissioner to respond to the recommendations arising from the CMC Review of the Queensland Police Service’s Palm Island Review.
‘We must not lose sight of the fact that the CMC’s report found serious flaws in both the initial police investigation and subsequent internal review into the death of Mulrunji,’ Mr Moynihan said.
‘It’s now time for the Police Commissioner to inform the CMC as to what course of action he intends taking in response to the recommendations and his reasons for doing so. While today’s ruling prevents him from personally deciding if the officers should face disciplinary proceedings, he has the option to delegate this responsibility to a designated officer.’
Mr Moynihan’s comments follow today’s Supreme Court ruling on an application by two police officers for an injunction restraining the Police Commissioner from complying with recommendations arising from the CMC’s Palm Island report.
The CMC’s report, tabled in State Parliament on 17 June 2010, recommended disciplinary action be considered against six officers involved in two police investigations relating to the Palm Island death in custody of Mulrunji.
It specifically directed the Police Commissioner to report back within 14 days about an intended course of action in response to the CMC’s recommendations, together with the reasons behind it.
‘The Police Commissioner is no longer restrained by legal proceedings. I trust that he will now take action in the interests of the Palm Island community, the wider Queensland public and his own police service.
‘It’s now two months since we asked him to report back and, in keeping with a previous agreement, he has 48 hours to respond.’
‘That response, I expect, will indicate to whom the Police Commissioner has delegated the responsibility of considering disciplinary proceedings, as was always open to him.’
Mr Moynihan says the public interest will be best served by the Queensland Police Service taking responsibility for considering disciplinary action in relation to the six officers.
‘The CMC is not responsible for managing the Queensland Police Service — that is the Police Commissioner’s role and that of his executive officers. The CMC’s role is to ensure high standards of integrity within the police service and other Queensland public sector agencies and to hold them accountable.’
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