Alleged cover up cop to face CCC probe

FORMER Whitsunday police officer Anthony Lee has failed to block the Crime and Corruption Commission from looking into the way he investigated an assault committed by a colleague.

The sordid tale began in 2008 when former Senior Constable Benjamin Price assaulted a female tourist in the Whitsunday watch house.

Price eventually pled guilty to the offence and served 27 months in prison, but Lee, a Senior Sergeant at the time, initially found the officer not guilty of the assault and recommended he be exonerated.

Lee claimed to have been unable to contact the victim and said CCTV footage from the station supported Price's original denial of the assault.

In 2008, the QPS Ethical Standards Commission investigated Lee's conduct and in May 2012, sent their files relating to the investigation to the CCC.

On December 20, 2012, the CCC wrote to the ESC saying Lee's request to have Price cleared had been made "without having conducted the most basic of investigations".

The CCC explained the CCTV footage in fact supported the victim's claims that Lee had failed to speak with an officer who had interviewed the victim and had "failed to view the footage".

"Aside from the outstanding issue relating to the viewing of the CCTV footage S/Sgt Lee's conduct is such that he should face a disciplinary hearing," the letter said.

In 2013, Deputy Commissioner Ross Barnett decided to discipline Lee by demoting him without a disciplinary hearing.

This demotion was suspended for 12 months on the condition Lee commit no further misconduct.

On November 19, 2014, the Queensland Civil and Administration Tribunal set aside the decision and ordered the case be reassessed.

On December 16, Assistant Commissioner Clem O'Regan decided Lee should face "managerial action"; participating in a professionalism course and completing 60 hours of community service.

Mr O'Regan said at the time he was "of the opinion it is not conduct that would have resulted in a sanction of dismissal".

The CCC was unsatisfied, writing to the Assistant Commissioner on December 18 to that effect.

The Acting Chairman of the CCC at the time then wrote to the Commissioner of Police on January 13, 2015, saying the evidence "strongly suggests" Lee's conduct was "intentionally misleading and dishonest".

Lee's first attempt to have the CCC barred from investigating him was rejected and on Tuesday, a second rejection in the Queensland Court of Appeal ruled he would now be open to scrutiny from the corruption watch dog.


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