Two officers disciplined

TWO Tasmania Police officers have been disciplined and another counselled after a year-long internal investigation into the handling of a drink drive matter involving a northern businessman.

But the Director of Public Prosecutions Daryl Coates found no criminal conduct.

The investigation surrounded the evidence provided by northern prosecution services to the Launceston Magistrates Court in the case of West Launceston man Jeremy Alfred Curtis.

Mr Curtis was caught drink driving in Bridport on January 6, 2017.

He blew 0.142 on a random breath test and then recorded 0.169 in a blood test at the Scottsdale Hospital.

While section 23 of the Road Safety Alcohol and Drugs Act 1970 says the blood test result “shall prevail” in proceedings the prosecutors failed to inform Magistrate Sharon Cure of the blood test reading.

Mr Curtis subsequently received a six-month disqualification and a $628 fine and received a restricted licence.

Section 17 of the Road Safety Alcohol and Drugs Act provides for a minimum disqualification of 12 months for any offence exceeding 0.15 and a prohibition from applying for a restricted licence.

The circumstances of the case were first revealed by the Mercury last April.

Deputy Commissioner Scott Tilyard said Mr Coates had found no evidence of criminal conduct on the part of police officers.

“The officers that were directly involved in the prosecution were determined to have acted in accordance with established procedures and accepted practice,” Mr Tilyard said.

But he said two other officers had been subject to internal disciplinary action.

“Both officers were determined to have breached the Code of Conduct, with one officer being reprimanded and provided with guidance by a senior officer, while the other officer was provided with guidance by a senior officer,” Mr Tilyard said.

“A third officer was provided with professional development guidance.

“The investigation also identified that there were some procedural issues that required redress.”

The Mercury can reveal that the internal investigation officers were told that a Tasmania Police constable, who lives next door to Mr Curtis, approached northern prosecu- tion in the weeks before the March 8 court case.

The court file was amended on March 7 by a senior prosecutor: “On PG (plea of guilty) accept plea on breath not blood.”

Facts prepared for the prosecutors to read in court show that a reference to Mr Curtis being conveyed to the Scottsdale Hospital for a blood test was crossed out.

In court prosecutor Cindy Maclean told Magistrate Cure the blood test had not been actioned.