Judge Kenneth Johnston KC criticised the police's decision to allow the officer to remain on duty. Photo: RNZ / Nate McKinnon
A Counties Manukau police officer remained on duty despite facing, and ultimately pleading guilty to, charges of fabricating evidence and perverting the course of justice.
In a summary report from the Independent Police Conduct Authority (IPCA) released on Tuesday, Judge Kenneth Johnston KC criticised the decision to allow the officer to remain on duty.
He said it was untenable for an officer facing multiple charges of attempting to pervert the course of justice to remain on duty in any capacity.
The authority also had concerns about the employment process, which it said police initially concluded prematurely.
In May 2019, police notified the IPCA that they suspected the officer may have been falsifying bail breaches and the number of bail checks he was carrying out. They were also concerned the officer may have committed perjury regarding a bail check on a man. Police also began an employment process with the officer.
The officer had a history of recording a very high number of bail checks compared to his colleagues. A colleague also told her supervisor of two instances where she had been working with the officer when he had recorded someone as breaching their bail condition without conducting a physical check.
Police initially conducted a criminal investigation, which was limited to whether the officer committed perjury. They did not find enough evidence to support this at the time.
"In August 2020, we advised police that they should consider further investigating this matter," said Judge Johnston.
Despite this, in November 2020 - while the IPCA investigation continued - police completed their employment process, concluding the officer could remain employed by police, albeit on restricted duties.
The IPCA completed its investigation in March 2021, and the police eventually brought charges against the officer that December.
Counties Manukau District Commander Superintendent Shanan Gray said police established numerous bail checks were falsified in the Counties Manukau West area between July 2018 and March 2019.
A criminal investigation was commenced and a concerning pattern of offending was confirmed.
The authority's summary of its report said the investigation began after the officer conducted a bail check on a man who was required to remain at a residential address in Ōtāhuhu in January 2019. The officer said the man did not answer his door and recorded him in breach, leading to his arrest.
"However, the man denied breaching bail, saying he was home and had spoken to an officer who came to his door."
The authority investigation concluded the officer deliberately altered his notebook to provide evidence of the breach of bail.
"By presenting it as evidence at the hearing, and lying about when he wrote those notes, the officer committed perjury," said Judge Johnston.
The officer admitted to the IPCA there were more than 10 incidents where he recorded a person as breaching bail conditions without actually visiting the person to check. The officer would then create false records of bail breaches, even though he knew that this could result in the person being arrested.
The IPCA said there was evidence of 47 attempts to pervert the course of justice.
The officer pleaded guilty in April 2024, just prior to his court hearing, and resigned from the police in May 2024.
"In the circumstances, we regard it as inappropriate for the officer to have remained on duty (even restricted duty) once a prosecution was commenced. In our view, it is untenable for an officer facing multiple charges of attempting to pervert the course of justice to remain on duty in any capacity."
Police acknowledged the IPCA's summary report and said they were disappointed by the former officer's actions.
"Our investigation established this behaviour was occurring in isolation," Gray said.
"Police and the community expect our people to maintain the highest levels of integrity, and these actions do not reflect the good intentions surrounding the work our people do every day."