Australian lawyers call for overhaul of ‘unfair’ roadside drug testing
The Australian Lawyers Alliance are calling for an overhaul of drug driving laws and changes to roadside drug testing, which they say are unfair.
Greg Barns, spokeperson from the Australian Lawyers Alliance, told 3AW’s Neil Mitchell that current legislation punishes people whose driving is not affected by drug use.
“You could have a person who has had some drugs on a weekend and is then driving on the Monday … There’s nothing wrong with their driving at all, they just get caught on a roadside test and they lose their license for a long time,” Mr Barns said.
“The legislation was designed to stop impairment in driving, in other words to stop people who might be unsafe on the roads. That’s the way drink driving laws work, but they don’t work that way with drug driving.”
Mr Barns said countries which have legalised cannabis have developed the technology to measure impairment levels caused by the drug.
“We just need to have sensible drug law reform. We need to stop saying that if you’ve got a whiff of cannabis on your breath, or in your saliva that means you can’t drive,” he said.
Mr Barns also had concerns about the accuracy of roadside testing.
“There have been a number of false positives,” he said.
Several callers told Neil Mitchell they had received false negatives on roadside tests for marijuana.
“I smoked a joint in the car… about five minutes later I got alcohol and drug tested and I was free to go,” Tony told Neil.
“I got tested about six months ago and I’d had marijuana that day and got through,” John said.
Minister for Roads and Road Safety Jaala Pulford was quick to counter the claims made by the Australian Lawyers Alliance.
“People need to understand that if they take drugs and drive, even if they feel fine, they will often be impaired and they are certainly putting themselves and other road users at risk,” she said.
Ex-WA Police sergeant charged over Fremantle arrest after CCC report alleging excessive force
By James Carmody and Rebecca Turner
Updated 22 May 2019, 4:11pm
Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume.
RELATED STORY: CCTV shows police officer punching man seven times on the ground during arrest
A 45-year-old former WA Police sergeant has been charged with assault following an internal review into the arrest of a man in Fremantle.
Key points:
- Sergeant Nathan Trenberth is accused of assaulting the man during an arrest
- The CCC alleged he punched the man repeatedly in the head
- A second officer has pleaded not guilty to assault occasioning bodily harm
A Corruption and Crime Commission report into the September 2017 incident made findings of misconduct against two officers earlier this year.
Vision captured on CCTV of the arrest in the High Street Mall showed a man, described in the CCC report as "Mr Wells", trying to light a cigarette while speaking with police officers.
An auxiliary officer is seen to grab the cigarette, sparking a struggle which ultimately led to Mr Wells being wrestled to the ground and handcuffed.
The report said the most senior officer present, Sergeant Nathan Trenberth, repeatedly punched Mr Wells in the head while he was on his back.
The CCC also alleged that after Mr Wells was handcuffed, his finger was bent back to the point where it dislocated.
The report said while Mr Wells was intoxicated and no doubt difficult, the force used to overcome him was excessive.
Mr Wells did not want to make a formal complaint but WA Police started an internal investigation into the incident, leading to two officers — Sergeant Trenberth and Constable Julian Donohoe — being stood down.
Sergeant Trenberth has since resigned from the force, while Constable Donohoe was charged in February with assault occasioning bodily harm.
Constable Donohoe pleaded not guilty to the charge in Fremantle Magistrates Court in April and will face trial in August.
The former sergeant is due to face court in June and said he would plead not guilty to the charge.
He was also critical of the CCC report, claiming it published details of an internal disciplinary investigation which could hurt his defence of the charge.
"They have now been widely reported on in the public domain and will be again now I'm charged and facing imprisonment," he said.
"This will jeopardise the court process and ensures I can have little hope of a fair trial or fair hearing in the public domain."
CCTV 'inconsistent' with sergeant's story
The CCC report was particularly critical of the "disturbing" inconsistencies between witness statements from police and the CCTV vision.
For example, Sergeant Trenberth said Mr Wells was "aggressive" and "vengeful" towards police.
"CCTV footage does not support Sergeant Trenberth's insistence that Mr Wells was displaying continued aggressive behaviour towards the officers," the report said.
The report also raised concerns with the treatment of Mr Wells after he was taken back to an observation cell at Fremantle Police Station.
He was kept handcuffed for longer than an hour.
The report said Mr Wells was later charged with obstructing public officers, three counts of assaulting a public officer and one count of failing to comply with a lawful order, but his prosecution was later discontinued.
The CCC report was one of a series recently undertaken into the conduct of police in Fremantle.
Police officer found guilty of tasering motorist in Fremantle during random breath test
Updated
A Perth police officer has been found guilty of unlawfully tasering a motorist during a roadside breath test in Fremantle two years ago.
Key points:
- Motorist James Bartlett was tasered while he sat in his car with his seatbelt on
- Police cleared Senior Constable Grantley Keenan but a CCC probe led to charges
- Prosecutors may push for a jail term but Keenan's lawyer says a fine is enough
Senior Constable Grantley James Keenan's conduct on the night of March 31, 2017, became the subject of a Corruption and Crime Commission (CCC) investigation, after he was cleared of any wrongdoing by three earlier internal police investigations.
The motorist, James Bartlett, had been driving to a restaurant with his wife and a friend when he was pulled over by police on Beach Street.
A random breath test detected no alcohol in his system.
But he was issued with a vehicle defect notice for modifications he had made to his Jeep Wrangler.
The court heard once Mr Bartlett had passed the breath test he had flashed his lights, causing Senior Constable Keenan to approach his car and try to remove the keys from the ignition.
A mobile phone video taken by his passenger showed Mr Bartlett then being tasered as he sat in the driver's seat with his seatbelt on.
Keenan was charged with two counts of common assault. He admitted to tasering the man but denied it was unlawful.
But he was convicted after a two-day trial in the Perth Magistrates Court, and was released on bail until he is sentenced in June.
Magistrate did not find police officer to be 'truthful witness'
During his trial, Keenan argued his actions were necessary, claiming he feared for his life.
However in her findings, Magistrate Elaine Campione rejected his evidence, saying she "did not find the accused to be a truthful witness".
She said while Mr Bartlett was "no angel", she did find him overall to be truthful, saying that in the lead-up the assault, he had complied and cooperated with all directions without incident.
Magistrate Campione said the "determinative factor" in the case was the video footage of the incident, which she said spoke for itself.
She found that at the time of the assaults the two officers at the scene had "exhausted their powers to require [Mr Bartlett] to stop his vehicle".
'He was free to go," she said.
"The accused was not justified in using the taser. The use of the taser constituted an unlawful assault.
"There was no imminent risk to the accused [Keenan] or to [his colleague]. He was not acting in self-defence.
"The actions of the accused are inconsistent with his evidence that he was in mortal danger.
"The prosecution has established beyond reasonable doubt that the accused was not exercising any police powers and that he was not justified, authorised or excused by law."
Prosecutors said they may argue for a jail term — although it could be suspended — while Keenan's lawyer, Terry Dobson, said he would be submitting that a fine would be the appropriate penalty.
Keenan made no comment as he left court after the verdict.
Union stands by officer
The WA Police Union will "stand by Senior Constable Keenan", according to union president Harry Arnott.
"We are obviously disappointed with this decision and we feel for our member and his family," Mr Arnott said.
"The ramifications of this decision will be felt across every police jurisdiction in Australia, and we will vigorously pursue all avenues of appeal to ensure that justice is served."
The officer was stood aside from operational duties last October.
WA Police released a statement on Wednesday, saying the Internal Affairs Unit would finalise its investigation into the officer's conduct after his sentencing and after the expiry of any appeals period.
Topics: police, law-crime-and-justice, perth-6000, fremantle-6160, wa
First posted
I.S.I.A.C. 'sweating' with Renee's questions
https://www.facebook.com/7NEWSBrisbane/videos/1515918305087683/ 3:42
Police Commissioner Ian Stewart has been interrupted by an activist during a press conference.
Report on 7 News at 6pm. www.plus7live.com.au
Page 13 of 19