Friday 21 February 2014

The law - and responsibility !

The Australian Federal Police raid on the offices of Channel Seven raises some interesting questions.  There are strict protocols that need to be followed when police execute a search warrant that has been authorised by a legal officer.   Channel Seven executives claim that many of these were breached when this raid was carried out.

It is required that a copy of the search warrant must be delivered into the hands of the people subject to such a search, and Seven claims that this was not done.   The law requires those to be searched to be allowed to stay and observe the searchers, but staff were ordered out of their offices and the police required camera crews to stop filming.

If this is correct, then a serious breach of the law occurred and the public have a right to know what action will follow.   Obviously,  when a search warrant event happens the police involved have a senior person in charge and that person must take responsibility for ensuring that the law is followed.  A serious law breach brings into question - what penalties apply.

There is a distinct tendency for the police to stonewall and refer complaints to an internal enquiry - where police investigate other police.  Usually, this brings a finding that acquits the officer involved, even in circumstances where blatant misconduct is alleged.   This raises the conception in many minds that the police consider themselves above the law.

With power comes responsibility, and that responsibility must have consequences.    If dereliction of duty results in a law breach  it brings into question the senior officers suitability to hold that rank within the police service.   It would  not be unreasonable to expect a rank reduction to be imposed as the result of inability to meet standards.

Of course, this would be bitterly opposed by the police union, and to a degree that union tends to blackmail whatever government is in office.   We have seen past instances when police have imposed a " revenue strike " when their employer has taken action that offends them.   If police refuse to write traffic tickets and instead issue warnings, the state revenue stream is seriously disrupted.    There is always the additional threat of an all out police strike, but usually the revenue option brings the government quickly to heel.

This botched Channel Seven raid will be interesting to follow.    If the claim is substantiated, the public will want to know why procedures were not followed - and what action will be taken against the officer in charge.   It should at least bring an official reprimand, but if it is found that police are regularly disregarding their lawful responsibilities, more serious penalties will be needed to curtail these omissions.

In this instance, the police appear to have bitten off much more than they can chew.   Taking on a major news organization that has the ability to keep the matter in the public eye may have been a major blunder !

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