NZPA

Police officers evade drink-driving convictions

NZPA November 9, 2009, 8:22 am

Just five of 16 police officers caught drink-driving in the last three years were convicted, compared with a 95 percent rate for the general public.

The figures, obtained by The Dominion Post newspaper, have raised allegations of one law for the public and another for police.

Three officers were still in court battles to evade charges laid against them , the newspaper reported.

Of the eight not convicted, four had their cases dismissed, three were discharged without conviction and one was acquitted.

Cases could be dismissed for reasons such as failings in police procedure, or insufficient or inadmissible evidence.

An officer could have charges discharged without conviction if he or she proved the conviction's impact would outweigh the seriousness of the offence.

Judges and juries were often wary of giving career-ending convictions to officers, Police human resources general manager Wayne Annan said.

"I think it's the high stakes that are involved. It is very difficult to gain a conviction against a police officer."

However, Chief District Court Judge Russell Johnson advised care in interpreting the statistics.

"If it appears that some police officers have had lenient treatment, this would likely be attributable to the merits of the case. There must have been some other factor at play to do with the way their case was presented or defended."

In 2006, Taranaki Senior Constable Jono Erwood was discharged without conviction, after rushing from the pub to the scene of a fatal crash in Mokau to deliver the town's only oxygen bottles.

However, others were better able to avoid conviction due to their thorough knowledge of the law, Wellington defence lawyer John Miller said.

Constable Matt Hooper avoided an evidential blood test by injuring himself in a police station toilet after failing a breath test in Auckland in December .

Also in December, Wellington Superintendent Graham Thomas avoided charges after he was seen driving erratically from a police bar .

When officers came to his house to breath-test him, Mr Thomas refused -- and within his rights, as he was outside the bounds of a pursuit.

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36 Comments

  1. whenknigthfalls 10:46pm Monday 09th November 2009 NZDT Report Abuse

    DEATH TO THE POLICE ''UCKFAY HETAY OLICEPAY''. FANCY A CUP TEA N BICCIES THERE GOVERNAA

  2. leahomar 05:28pm Monday 09th November 2009 NZDT Report Abuse

    Mark your an egg. Police have all the rights and the Maori people have had theres taken away by people with small minds like myourself. If you drink and drive your a bloody fool and should be charged. Kia Ora.

  3. Rebecca 04:14pm Monday 09th November 2009 NZDT Report Abuse

    whether you are police or not if you break the law then you must be punished according to the law you are mean't to uphold!

  4. Mark 03:58pm Monday 09th November 2009 NZDT Report Abuse

    I gess they are like our Maori party and have their own laws???????????

  5. coromega 03:57pm Monday 09th November 2009 NZDT Report Abuse

    I gess they are like our maori party and have their own laws?????????????

  6. ashaandzane 03:48pm Monday 09th November 2009 NZDT Report Abuse

    Shouldn't matter who you are or what your job is drink driving kills thats the bottom line!! Enforcers of the law need to enforce the law not break it!!

  7. David 02:54pm Monday 09th November 2009 NZDT Report Abuse

    Just proves we are living in a Police state. It's do as I say not what I do. No wonder that no one has no respect for them anymore.

  8. darellh 02:48pm Monday 09th November 2009 NZDT Report Abuse

    Since when is more of an impact on a police officers career than any one elses? Ridiculous aguement! When I lost my licence, I lost my job also, as I needed a car to get to work. If your guilty you carry the consequences regardless of working role. A traffic fatality is unbiased in its opinion of wether the driver was a police officer or not.

  9. Georgie 02:30pm Monday 09th November 2009 NZDT Report Abuse

    Typical, make them pay like everyone else in NZ who has to go before the courts. What the hell is wrong with our Government, talk about one law for them and one law for the rest of us, I agree, it is almost embarrassingl

  10. Peter 02:23pm Monday 09th November 2009 NZDT Report Abuse

    1/ I am not anti police or gov, we do need a force , and there are good people in the organisation. So dont miss understand me , im no anarchist BUT 2/ Hands up who doesnt have any trust in in our force. Its a legalised gang, proven capable of rape, murder let alone drunk driving. GUNS AND CASH EVERYONE, PROTECT YOURSELVES cause they sure won't. Id like to say, change your image a bit NZ police, but i know that youll spend my TAX with a PR company doing that. (good ole government). So ...

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