Commissioner for the Police Integrity Commission v Walker [No 2] [2006] NSWSC 696

Commissioner for the Police Integrity Commission v Walker [No 2] [2006] NSWSC 696

Mr Walker's assertions of lack of recollection of the Chiswick event on 6 December 2004 were false, knowingly untruthful, and intended to frustrate or obstruct the Commission's inquiry. The evidence, including the implausibility of total amnesia, differential recollections, and improvement in memory soon after, supported a finding of contempt beyond reasonable doubt. Medical evidence did not raise reasonable doubt as to feigned lack of recollection.

Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Application for Punishment for Contempt of the Police Integrity Commission / Final Judgment After Hearing on Merits
Outcome
Defendant found guilty of contempt of the Commission under s 118(1)(h) of the Police Integrity Commission Act 1996.
Legal Topics
['contempt of Commission' 'false or Misleading Evidence' 'natural Justice' 'police Misconduct Investigations']
['administrative Law' 'criminal Law'] ['contempt of Commission' 'false or Misleading Evidence' 'natural Justice' 'police Misconduct Investigations']

Case Brief

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Procedural Posture

Application for Punishment for Contempt of the Police Integrity Commission / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 ["Whether Mr Walker's assertion of lack of recollection regarding the Chiswick event was false, feigned, and given to obstruct the Commission's inquiry." 'Whether lack of opportunity to show cause or insufficient particulars affected the validity of the proceedings.' "Whether evidence of anxiety and medication raised reasonable doubt about Mr Walker's memory."]

Ratio Decidendi

Mr Walker's assertions of lack of recollection of the Chiswick event on 6 December 2004 were false, knowingly untruthful, and intended to frustrate or obstruct the Commission's inquiry. The evidence, including the implausibility of total amnesia, differential recollections, and improvement in memory soon after, supported a finding of contempt beyond reasonable doubt. Medical evidence did not raise reasonable doubt as to feigned lack of recollection.

Court Disposition

Defendant found guilty of contempt of the Commission under s 118(1)(h) of the Police Integrity Commission Act 1996.

Orders

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