A MAGISTRATE has reserved his decision in the case of a police officer accused of driving dangerously and neglect of duty while on patrol in Moree.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Senior Constable Terrence John Payne is contesting three charges against him after the alleged incident on Boggabilla Rd, near the Newell Highway, Moree, while he was on duty on September 9, 2013.
Prosecutors allege Payne, who was behind the wheel of Moree patrol car 16, located a motorcyclist – who had been the subject of a number of anonymous calls to police, appeared intoxicated and was not wearing a helmet – just before 9pm before he allegedly pursued him and rear-ended him.
A hearing over three days in Moree Local Court concluded late yesterday with Magistrate Michael O’Brien adjourning the case to consider his verdict on the three charges.
The crown case has maintained Payne had no authority for a pursuit of the motorbike rider.
During the hearing, the court heard the rider became unstable on the bike but did not fall off and managed to escape, while the patrol car became briefly airborne after hitting a gully in the alleged pursuit.
Payne has pleaded not guilty to driving in a manner dangerous to the public, negligent driving and neglect of duty.
The court heard Payne was behind the wheel of a category-four vehicle, which is prohibited from engaging in pursuits, according to the vehicle safety policy.
Several police took the stand during the hearing this week to give evidence, including Constable Felicity Doyle, who witnessed the incident.
In a statement read in the court, Constable Doyle said she saw Payne, behind the wheel of Moree 16, heading towards their police vehicle “at speed” before patrol car 16 swerved to take the same path as the bike.
Constable Doyle said Moree 16 was travelling “extremely fast” before it hit the face of a gully, continued at speed and hit the back of the bike.
Constable Doyle told the court Payne said, “We lost him. We hit him, but he is OK”.
She said he was “lucky he didn’t kill [the rider],” and reported the incident to a supervisor.
Defence solicitor Andrew Bright submitted to Constable Doyle that the police vehicle was never airborne, and it was a fantasy, and there was more than one metre between the impact and the gully.
But Constable Doyle maintained it was instantaneous and that when the vehicle came down, it collided with the bike.
A constable, who had been in the car with Payne, told the hearing earlier he believed they were in pursuit but was allegedly advised by Payne not to confirm the chase with the police radio.
Magistrate O’Brien will hand down his decision next month.