加入怡居
過去7年,我司每年平均捐出52%純利作慈善用途,款額動輒以百萬元計,可稱實 至名歸的社會企業。閣下光顧我司,是變相自己做善事!日後請多多光顧為感!
尖沙咀總行 : 2569 2192
太古城華山分行 : 2569 1339
沙田銀禧分行 : 2636 1380
太古城明宮分行 : 2560 3738
沙田第一城專責組 : 2647 1838
杏花邨專責組 : 2898 0007
尖沙咀總行 : 2569 2192
太古城華山分行 : 2569 1339
沙田第一城專責組 : 2647 1838
沙田銀禧分行 : 2636 1380
太古城明宮分行 : 2560 3738
杏花邨專責組 : 2898 0007
   回應 : 0
法律隨筆
Connivance 姑息養奸
標少
2014年11月26日

 (原文發表於2011年3月27日)

Sacked police officer wins back his job in appeal

Jim O'Rourke
March 27, 2011
 
ADAM McDONALD was a respected police officer who was headed for a long career in the force.
But his life began to unravel in January 2009 after waking drunk at a house party and finding that a black marker was used to draw penises and obscenities on his face and body. Someone had even scrawled ''[f---] the pigs'' on his back after he passed out. The off-duty senior constable stormed out of the house and jumped in his car. Moments later he crashed into a parked car and was charged with being more than four times over the legal alcohol limit.
 
In December 2009 the 35-year-old was sacked due to a ''lack of Police Commissioner's confidence''. But last week he won his job back.
 
On the day of the accident, Mr McDonald had four beers while playing poker at the Kiama Golf Club from about 1.30pm and then several bourbon and colas at the house of an acquaintance.
 
The Industrial Court, where Mr McDonald appealed against his dismissal, heard he had left the house abruptly just after discovering the drawings. He angrily confronted people at the party and said he left the house because he feared he would be assaulted.
 
Police called to the crash found Mr McDonald, who was stationed at the Commuter Crime Unit at Campbelltown, smelling strongly of alcohol and was unsteady on his feet.
 
The court heard that he asked the officers to record the incident as a minor accident and let him walk home. When the officers refused, he said, ''This is f---ed, I can't believe you are doing this,'' and later became abusive to officers at the police station. He also asked an officer to take the breath test for him.
Mr McDonald was breath-tested and returned a reading of 0.205. He later pleaded guilty in court.
 
Industrial Court judge Wayne Haylen heard that Mr McDonald later said he could not remember the incident, but had admitted that he had a drinking problem.
 
In his judgment Justice Haylen noted that Mr McDonald had expressed remorse and was attending regular alcohol counselling.
 
Justice Haylen ordered last week that Mr McDonald be reinstated because he ''has drawn back from the precipice and is deserving of a chance to redeem himself in the eyes of the Police Service.''
Mr McDonald did not return the The Sun-Herald's calls.
 
I read the above news with displeasure. It is such a disgrace that this cop should be reinstated to enforce the law while he had behaved in such a way anyone could not expect of to come from a policeman. Being drunk is one thing. Trying to solicit his colleagues to tamper with his breath test amounts to an attempt to pervert the course of justice. I wonder why he was not charged.  I can feel a strong sense of favouritism. His dismissal without further charge is already a very lenient treatment. Now that the court gives him further credit for his remorse and attendance of rehab for his alcohol problem has really gone too far. The dismissal itself is not a harsh penalty for him at all. He has brought the name of the police force into disrepute. He is also unfit to be a policeman by trying to influence his colleagues to turn a blind eye towards his drunken and disorderly behaviour. The court is over lenient. Its reason is an affront to the intelligence of the people. This cop deserves a chance to redeem himself to be a good citizen instead of a policeman. This is what I always advocate against: connivance 姑息養奸.
 
我要回應
我的稱呼
回應 / 意見
驗証文字