Letter from Jane Hartwig Senior Investigation Officer for the Ombudsman of the Northern Territory regarding Complaint against Senior Constable Westra van Holthe and Mr Michael Rowley and sale of Toyota Troop Carrier dated 14 February 2004
Tabled paper 1286
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Christopher Burns
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
11. been referred to the ODPP for an opinion as to whether or not there is sufficient evidence to justify a prosecution against B/Sgt Wenn for unlawful access to data. The PRC has also referred this matter to the Motor Vehicle Registry for such action as that agency thinks fit. ALLEGATIONS OF IMPROPER CONDUCT - BREACHES OF DISCIPLINE The NT Police Code of Conduct gives examples of improper conduct as including, amongst other matters, dishonesty, unlawful conduct, breach of discipline, breach of the Code and conflict of interest. Conflict of interest is loosely defined in the Code of Conduct as incompatibility between [an officers] personal interests and the impartial fulfilment of [the officers] official duties and responsibilities. It goes on to give some general examples, one of which is any financial or other interests that could compromise the impartial performance of [the officers] duties. Section 76 of the Police Administration Act (the Act) provides A member who (a) engages in disgraceful or improper conduct, either on or off duty; (b ) (c) contravenes or fails to comply with a provision of [the] Code of Conduct...; .....commits a breach of discipline. ISSUES OF IMPROPER CONDUCT REGARDING ACTIONS OF SENIOR CONSTABLE WESTRA VAN HOLTHE. 1. You allege that S/Const Westra Van Holthe failed to lodge the Application fo r Transfer within 14 days of the date of the sale of the vehicle (21 January 2003). S/Const Westra Van Holthe told the investigator that he had indeed failed to lodge the Application for Transfer as he is required to do under the Motor Vehicles Act. The reason he gave was out of tardiness. The JRC finds that Constable Westra Van Holthe has engaged in improper conduct', being a breach of the Code of Conduct. The JRC notes that disciplinary action has been initiated against S/Const Westra Van Holthe. 2. You allege that S/Const Westra Van Holthe altered the original Notice o f Disposal and Application to Transfer in an attempt to avoid payment of transfer fees, penalties for late lodgement and/or stamp duty. The investigation has ascertained that S/Const Westra Van Holthe altered the original Notice of Disposal and Application to Transfer twice. He says that the first time was after he was asked by B/Sgt Wenn to fax the registration papers to Lajamanu, after the sale to Mr Rockman. S/Constable Westra Van Holthe told the investigator that: When I got the registration forms off Rowley, hed signed them, and Im pretty sure they were dated.....When I originally faxed out the rego form to Brett [Wenn], I think my first thoughts were why dont I just transfer it straight from Rowleys name to Rockman and sort of just cut me out of the middle. And let it sail through like that. ...So what Ive done is whited out on the original forms the date and I think the sale price and put Rockmans details in there as the buyer. OK. And then, faxed that through to Brett. Because what they needed, that wasnt for the purposes of registering it
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