Cover-up capers
Tuesday, July 2, 2013
Justinian in 4 Corners, Adam Salter, Court in the Act, Police Integrity Commission

Critical findings on critical incidents ... In a scathing report the NSW Police Integrity Commission comes down against the coppers and their blundering cover-up of the Adam Salter shooting ... Flawed internal reviews ... Recommendation for police to be charged with perjury ... Alix Piatek reports 

Sherree Bissett: shot dead Adam Salter while yelling "taser, taser, taser, taser"

THE Police Integrity Commission has recommended all critical incidents involving the NSW Police Force should be reviewed by an independent body and be made public.

Operation Calyx, conducted by former Supreme Court judge Bruce James, came up with a conclusion that had been staring everyone in the face for a long time: it is doubtful if investigations by police officers into the actions of colleagues could be conducted with complete impartiality.   

The PIC findings also recommended that all future critical incident investigations, where death and injury to the public result from police actions, be published openly.

PIC said it could do this job - if it is properly resourced. Since the Police Minister is one of the loudest voices in Cabinet, this is unlikely to happen. 

Operation Calyx investigated allegations of police misconduct in the fatal police shooting of Adam Salter in November 2009.

Adrian Salter, Adam's father, dialled 000 to report that his son had attempted to harm himself by stabbing a knife into his own chest. 

Adam, 36, had previously suffered a psychotic episode and had been treated for mental illness. 

On the day he was killed Adrian Salter was planning on taking his son to hospital.

Ambulance officers arrived, applied a pressure bandage to Adam's chest and administered oxygen and other treatments. Minutes later several police officers arrived. 

Adam Salter: police closed ranks in cover-up of his shooting

In March last year 4 Corners aired Closing Ranks, an investigation into the way police conducted themselves in the Salter case.

Quentin McDermott, journalist: "No crime had been committed, but the police deliberately left the knife in the sink, as if it were a crime scene. Adam Salter was on the kitchen floor nearby being treated by the paramedics. Suddenly, he rose to his feet and moved towards the sink. Seeing this, his father Adrian rushed into the kitchen, to try and stop him reaching the knife. 

Adrian Salter: He pushed me aside, and I fell over and got tangled in the leads from some of the equipment, and then he picked up the knife and started stabbing himself in the neck. And then I heard ... I was still getting up from where I'd tangled on the floor, and I heard shouting, and I heard someone say, 'Taser, taser, taser, taser, taser' and then I heard a bang, a loud bang. And Adam fell over backwards and I thought ... I thought thank God he's been tasered, and he'll be all right."

Adam had not been tasered, but shot and killed by Sherree Bissett, the most senior police officer at the scene.  

Bissett claimed that Adam Salter was grabbing and wrestling with a probationary officer and approaching her with a knife. 

Former Supremo Bruce James: found police had lied

The PIC recommended that four of the officers at the incident be prosecuted for giving false and misleading evidence to the PIC under s.107 of the Policy Integrity Act 1996; and removal from the force under s.181D of the Police Act 1990. 

Three of the officers were recommended for charges of perjury under s.327 of the Crimes Act 1990

Bissett did not give evidence at the coronial inquiry and it seems this may be the reason that there is no recommendation for a charge of perjury against her.

The three other officers found to have knowingly given false information in interviews with investigators, the inquest and to the commission are: Aaron Abela, Leah Wilson, Emily Metcalfe and Matthew Hanlon. 

Criminal prosecution against Russell Oxford and Stephen Tedders, who were responsible for the investigation, was not recommended - even though it was found that those senior officers had not conducted their inquiries impartially. 

The PIC last year received 965 complaints and of those only investigated 115. 

It only looked at two complaints relating to critical incidents.

Another 3,386 formal complaints against police were received by the NSW Ombudsman in 2011-2012. 

The Police Force website also says: 

"The Force conducts thousands of internal investigations every year. In 2011, NSWPF received 5,320 complaints that were over-sighted by the Ombudsman. Of these 4,530 were triaged and resolved with the complainants. Of the remaining 790, 30 percent were sustained." 

Greens MLC David Shoebridge has asked the Police Minister a number of questions on notice about critical incidents that have been investigated by the Force and by the PIC

Answers are expected by the end of this month. 

Alix Piatek reporting 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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