The Authority oversaw a Police investigation into an allegation that a Canterbury Police officer deliberately misled the Court during a pre-trial hearing in 2024. The officer’s evidence failed to account for a detailed examination of the defendant’s cell phone, which was completed prior to a search warrant being obtained. The officer also allegedly breached a Witness Exclusion Order by speaking to a colleague who was yet to give evidence.

It was established that the officer’s examination of the phone was unlawful and was not pursuant to warrantless searches the officer had previously completed in respect of the defendant and their car. It was also determined that the officer’s handling of the exhibit was contrary to Police policy and procedures.

The Police investigation found that the officer did not seek to mislead the Court, but had a poor understanding of the complexities of the case following a period of extended leave. Additionally, information put to the officer during the pre-trial hearing was subsequently shown to be incorrect – Police had not examined the defendant’s phone to the extent alleged. Consequently, the test for prosecution was not met.

In respect of the breach of Witness Exclusion Order, the officer was not cited for his conduct, with there being no intention on their part to disrupt the proceedings of the Court.

An employment process was completed in respect of the officer’s conduct. The Authority is satisfied with the outcome of this.

IPCA: 24-24927