NSW law enforcement watchdog finds senior officer engaged in serious misconduct after crashing police car

The NSW law enforcement watchdog has found a senior police officer engaged in "serious misconduct" and was treated "more leniently" by his superior after crashing an unmarked police car in Sydney.

The high-ranking detective was charged late last year with driving under influence of alcohol and high-range drink-driving, nearly six months after the May 2023 incident.

He has pleaded not guilty to the charges and cannot be named due to a court suppression order lasting 40 years.

The Law Enforcement Conduct Commission (LECC) today released its report into the handling of the investigation and the insurance claim, which made two findings of "serious misconduct" against the officer.

The LECC made the first finding for "deliberately leaving the scene of a car crash he caused in Sydney's NorthConnex to avoid being breath tested".

The second finding was made for "being deliberately dishonest in his answers on the insurance claim form for the car he crashed", by stating he'd fallen asleep without any reference to alcohol.

"[The officer] is a senior and experienced officer," the report said.

"At the time, he held a prestigious position in the NSW Police Force. These were deliberate acts of impropriety."

The report recommended the police commissioner consider terminating his employment.

The Commission found the officer "was treated more leniently in the way in which he was managed by his Commander and in the police review of his driving", which led to other police officers "losing confidence in the integrity of the NSW Police Force".

Police Commissioner Karen Webb this afternoon said she had referred the LECC report to Professional Standards Command, in line with proper process, but she had "no doubt" she will be asked to consider action in relation to the officer's employment.

"There is an employment process that needs to be followed before it comes to me for consideration," she said.

"That's the law and we'll act within the Police Act in terms of what's required, and what's required by me.

"I will give it very serious consideration when it comes to me, but we actually have to follow a process."

Commissioner Webb said it was a "dark day" for the state's police force.

"Certainly it's not our best day. But we will certainly learn from it and we will improve."

The officer remains on his Inspector-level pay, but Commissioner Webb said he was not in the workplace.

Officer consumed 'significant' number of drinks

In its report the watchdog said the officer had consumed "a significant number of alcoholic drinks" while at two hotels on May 13 last year.

He hit a concrete safety barrier in the tunnel, damaging the front of the car and causing the airbags to deploy, before driving into a side street and leaving the vehicle there.

Police were later concerned the officer may be injured or dead, the report noted, and calls to him went unanswered for more than an hour.

When he did answer a call from his commander, he is recorded in the report as saying "I stuffed up", and claiming he had fallen asleep, also telling colleagues he "wasn't pissed" after consuming eight mid-strength beers.

He had allegedly consumed 23 standard drinks over an eight-hour period.

The watchdog decided against referring the officer to the Director of Public Prosecutions to consider a charge of perverting the course of justice.

Anonymous complaints received

The findings come after the commission received anonymous complaints that senior police were attempting to interfere with the police investigation and "shield" the officer from disciplinary measures.

The complaints also included allegations of irregularities in the police response to the insurance claim.

The commission recommended changes to an insurance form, which in its current form allowed the officer to avoid disclosing alleged alcohol consumption. The only questions were about testing for alcohol, illicit or prescription drugs.

The commission found no evidence of interference with the police investigation of the car crash that led to the officer being charged.

The officer's commander told the LECC he decided that no interim risk management steps needed to be put in place a few days after the crash — including changing his right to drive — because there was "no risk" the officer would repeat the alleged behaviour.

That commander believed his colleague's remorse would be an effective safeguard.

The commission found that the commander let "partiality for and loyalty to" the officer "blind them" from making impartial decisions about risk management.

"The Commission considers it is unlikely that similar forbearance would have been extended to other officers, particularly if they were of a junior rank," the report said.

"In fact, the evidence before the Commission included several examples of junior officers being swiftly de-certified from driving a police car."

The LECC investigation also considered why a media release about the incident wasn't issued at the time the officer was charged, as is usual practice.

The report said evidence on this subject "cannot be discussed without potentially identifying (the officer)", however, it concluded that the evidence "does not support a finding of a sinister motive for not issuing the media releases".

It added: "The Commission considers that a media release should have been issued."

The report found the officer was treated "as any other police officer" when being investigated and charged, but was treated differently in relation to the decision of his commander about risk management and the approach taken to the issuing of a media release.