Flori asks court to dismiss charges
SENIOR Queensland police were “filthy” about a favourable court decision handed down weeks before criminal charges for misconduct were brought against “whistleblower” cop Rick Flori, a Gold Coast court has heard.
In a pre-trial hearing held in the Southport District Court yesterday, former officer Flori argued the misconduct charges he faces for allegedly leaking footage of a handcuffed prisoner being bashed at a Gold Coast police station in 2012 should be thrown out.
During the hearing the court was told a “revolutionary” Supreme Court ruling in 2014 that found evidence gathered against Flori was inadmissable in disciplinary proceedings sent shockwaves through Queensland Police headquarters.
Queensland Police Union lawyer Calvin Gnech, who was called as a witness, told the hearing police were worried “discipline would fall apart” after the ruling by the Supreme Court.
“Everyone at that office was filthy at the decision,” Mr Gnech said.
About four weeks after the decision, the court heard Ethical Standards Command officer David Winter brought criminal proceedings against Flori for allegedly leaking the footage.
Flori has made an application for a stay on the proceedings on the basis the charges were invalid.
He claimed they were brought because Mr Winter wanted to personally “punish” him after winning the landmark case.
Flori told the court this motivation to “punish” him QUEENSLAND POLICE UNION LAWYER CALVIN GNECH
meant they were brought with an “improper purpose” and should be dismissed.
Judge David Kent QC said despite the fact Flori may perceive the launching of criminal action against him as a “conspiracy” there was no evidence to show the criminal charges were unlawfully laid.
“I understand you are disturbed (the charges were brought),” he said.
Crown prosecutor Glenn Cash QC told the court it was “quite wrong to say Winter’s motivation is an improper collateral purpose”.
He told the court the decision to bring criminal charges was simply another avenue Mr Winter was entitled to pursue after the Supreme Court poured cold water on disciplinary proceedings.
Mr Kent reserved his decision on the stay application until tomorrow but said Flori hadn’t proved the criminal
EVERYONE AT THAT OFFICE WAS FILTHY AT THE DECISION
prosecution was a vendetta.
He also said Flori failed to provide evidence Mr Winter attempted to force the Queensland Police Union to withdraw legal support.
Before yesterday’s hearing, Queensland member of parliament Rob Pyne spoke outside Southport Courthouse and called for an independent body to protect whistleblowers to be established.
Outside court Flori said he would fight the charges at trial should the stay application not be granted.
The court heard the trial, should it go ahead, was expected to run for two weeks and may not be listed until March 2018, almost six years after the footage was allegedly leaked.