By Jonathan Strauss
PERTH — "We talk about revolving door justice for juveniles — now we have revolving door justice for police officers who break jaws", said Richard Utting following the Industrial Relations Commission's reinstatement of policeman Desmond Smith. Smith had earlier pleaded guilty to an assault on a Fremantle teenager, Joseph Dethridge, after videotape evidence had been found.
Utting was Dethridge's lawyer in the case against Smith and is now running as an independent candidate in the WA state elections together with Julie Dethridge, Jo's mother, on a platform of repealing WA's harsh anti-juvenile laws.
Smith's appeal to the WA IRC against his dismissal by police commissioner Brian Bull revealed much about the culture of the WA police force.
Smith's defence was primarily based on claims of harsh treatment and that he had been unfairly made a scapegoat. Smith's lawyer, according to the January 13 West Australian, argued that Smith had been punished adequately financially and by media exposure, and that the sacking "was a punishment which exceeded that given to other officers convicted of assault".
In putting this defence, however, Smith and other police officers presented evidence that suggested that the punch which broke Dethridge's jaw was far from a momentary angry action.
Smith admitted lying about the cause of Dethridge's injuries. In the occurrence book of the Fremantle lockup, where the assault occurred, he wrote that Jo Dethridge had slipped. Smith also admitted that prior to the assault he had spent little time working in the lockup. Stress from such work previously been claimed as a mitigating factor in the assault.
The IRC also heard "further evidence of an initial police cover-up", according to the January 15 West Australian. Two police officers who had witnessed the assault said they had not reported it. One did not feel it was any of his business; the other, when asked whether he took no action because "you don't dob on your sergeant", replied, "You could say that".
Police Union president Mick Brennan tried to argue after the IRC decision that justice had been done because some police convicted of crimes are sacked and others aren't.
But the Dethridge family and its supporters, and many community groups, were outraged.
Julie Dethridge posed the question of who runs the WA police force. "Maybe the Police Union runs it. I feel totally degraded as a citizen and see myself as being powerless".
Julie Dethridge said she believed there would be an enormous backlash against the police. "The issue is not going to go away."
The Youth Affairs Council, the Youth Legal Service and the WA Council of Social Services all demanded an appeal against the ruling. Many academics and human rights campaigners also protested against the decision.