Category Archives: CRIMES

West Australian police officers suffer setback in Fremantle Taser damages appeal

Three WA policemen who Tasered a couple during an arrest and were ordered to pay damages have had an appeal setback, with their union not paying security on a crucial court costs bill.

Robert Cunningham and Catherine Atoms were outside the Esplanade Hotel in the early hours of November 2, 2008 when they saw a group of men falling into a garden bed and tried to help.

But police believed they were causing a disturbance and the couple were Tasered during a scuffle.

The University of WA associate professor of law and Ms Atoms sued the state and the three officers involved, Peter Clark, Simon Traynor and Glenn Caldwell, and were awarded $1.1 million in damages.

The 2015 trial judge found the officers were liable for battery, misfeasance in public office, false imprisonment and malicious prosecution.

She also found the conduct caused the couple to suffer post-traumatic stress disorder and a back injury to Ms Atoms.

The officers challenged, arguing on 24 grounds, but were ordered by Justice Robert Mitchell last month to pay $90,000 security on a court costs bill – already estimated to have reached at least $900,000 – by August 23 or the appeal would be dismissed.

On Wednesday, the full bench of the Court of Appeal dismissed an application to review Justice Mitchell’s order.

The court heard the union decided not to provide the security payment, and the judges said “the appeal is arguable, but we … would not put it any higher than that”.

But the officers have applied for a 48-hour extension to make the payment and will find out later on Wednesday if it has been allowed.

In his recent provisional assessment of the appeal, Justice Mitchell said the arguments advanced in support of grounds one to 19 were “far from strong”.

He also noted the officers’ liability for damages and trial costs already exceeded their assets.

Traynor’s wages have been suspended as he is on continued sick leave while Caldwell is unemployed and receives a disability pension but Clark continues to work in the police force.

AAP

www.intelagencies.com

www.crimefiles.net

Henry Sapiecha

EX DETECTIVE MAKES PLEA FOR A FINE IN LIEU OF JAIL FOR PASSING ON RESTRICTIVE INFORMATION

A former West Australian detective who unlawfully accessed and passed on information from a restricted police information system should not be jailed, his defense lawyer argues.

judge gavel image www.po;icesearch.net

Carl Salvatore Casilli is charged with one count each of communicating interception warrant information to another person, unlawful use of a computer in any case, unlawfully supplied an audiovisual recording of an interview, and 14 counts of without authorisation operates a restricted access system.

The offenses occurred between 2008 and 2013.

Perth Magistrates Court heard on Monday that Casilli passed the information to a female lawyer with whom he was having a personal relationship.

The state argued some incidents “went beyond doing a favour for someone” and undermined ongoing investigations.

“The offender knew quite well that not only was this conduct unethical, but plain illegal,” prosecution lawyer James MacTaggart said.

He said the intercept warrant affidavit contained confidential information about a person who was not a client of the female lawyer, and such action was “grossly illegal”.

Magistrate Elizabeth Woods said that offence was probably the most serious.

Defence lawyer Nick Lemmon said he accepted the intercept warrant offence was “in another category” and worthy of instant dismissal.

But other offences, such as passing on a video of an interview for the female lawyer’s training purposes was an example of a less serious transgression, he said.

Mr Lemmon disputed the claim Casilli had compromised police investigations and said information had not been accessed for the purpose of benefit.

Noting the repetition of the conduct and Casilli’s position of trust, he said the former detective should rather be substantially fined.

He said the offences occurred when Casilli was involved in and obsessed with the hunt for the killer of Supreme Court registrar Corryn Rayney.

He will be sentenced on July 15.

Henry Sapiecha

POLICEWOMAN WOKE TO FIND COLLEGUE HAVING SEX WITH HER

A Sydney Australia police officer says she woke up to find a senior colleague half naked and sexually assaulting her “with a grin on his face” after an office party, a court has heard.

Accused Timothy John Snow.

Timothy John Snow is accused of getting into bed with the woman, who cannot be identified, and touching her genitals, after she earlier rejected his advances during the party to farewell a colleague in February 2011.

Mr Snow, who held the rank of sergeant at the time, has pleaded not guilty to having sexual intercourse with the woman without her consent and to the alternative charge of indecent assault.

On the opening day of Mr Snow’s trial, Crown prosecutor Frank Veltro said members of a Sydney police squad stayed in a rented apartment on the night of February 17, after a day of golf, drinks and a meal

AAA

“During the course of the speeches a few of the officers moved outside and the complainant found herself sitting next to the accused,” Mr Veltro told the jury at Downing Centre District Court on Monday.

“It’s then the accused placed his hand on her thigh. The complainant picked it up and took it off, but he replaced it.

“The complainant became upset … and even angry and got up and walked away.”

Later that night several colleagues went back to their accommodation and, after lying on the couch with Mr Snow during a group conversation, the woman took a sleeping tablet and got into the bed she was sharing with a female colleague.

Mr Veltro said the colleague will give evidence she heard Mr Snow say “I love you” to the woman, who said, “You can’t, you just need to forget me.”

The trial will be told Mr Snow later returned to the room and got into the bed, before the female colleague left the pair alone, Mr Veltro said.

The alleged victim will give evidence she was asleep and woke up to find her pyjama pants were missing and Mr Snow, who was wearing boxer shorts, was touching her.

“She opened her eyes and saw it was the accused with a grin on his face,” Mr Veltro said.

Mr Veltro said Mr Snow knew the woman was not consenting because she was asleep and he knew she had taken a sleeping tablet and drunk alcohol that night.

Defence barrister Raymond Hood urged the jury to use their common sense when considering the evidence.

Mr Hood said the woman had laid her head in Mr Snow’s lap while they were on the couch before the alleged incident and allowed him to stroke her hair.

There would be evidence the woman also called Mr Snow the next morning, Mr Hood said.

He said the jury would have to consider whether the woman’s evidence, which will be heavily relied on by the Crown, was accurate.

“The lady well knew what was taking place that particular time and she was consenting to what was taking place at that particular time.”

The trial continues before Judge Brian Knox

AAA

Henry Sapiecha

HS Signature Blue on white