Griffith wants errant cops to pay

RECOMMENDATIONS are to be made to the Minister of National Security to amend the State Liability and Proceeding Act to allow police officers to pay out of their own pockets when they are negligent.

Police Commissioner Gary Griffith, at a media briefing on Thursday, said officers should be responsible for their actions since vicarious liability makes the state liable to pay millions because of the actions of errant and rogue officers.

“This is not in any way to link police officers in the performance of their duty which may involve damage to property or citizens. This is a very delicate situation that never took place before," he said, "because what we don’t want is for police officers to hold back now in the performance of their duty.

"What we are speaking about is police officers, based on negligence, based on indiscipline, based on illegal activity, doing something that is wrong, unethical: they should be culpable."

Griffith said he did not discuss the intent to suggest to the National Security Minister to have the law amended with the Police Social and Welfare Association. He added that he is willing to bet money that the association will not support it, but it is something that is going to “greatly reduce problems of police abuse of authority.”

Referring to a recent court judgement that $400,000 had to be paid when a police officer abusied his authority in a shooting incident, he said nothing is done to the officers who do such things.

“I have reports of officers telling persons that they know the person may win the case, but it’s not them who will pay, it is the taxpayers. This has to stop. It means there are no consequences and no deterrent. It means because the officers work under the state, the state will have to defend and taxpayers will have to pay.”

Head of the Legal Unit Christian Chandler said between 2015 and 2018 an estimated $5 million was paid out by the state. He added that the police are currently calculating payouts from 2018 to the present, which will form part of their argument to have the law amended.

“The impunity that police officers act with must be addressed. Section 38 and 39 can ask for the AG to seek redress via a disciplinary process. For example, in Australia, their law is in such a way that exemplary damages are to be paid by police officers. The court awards such damages when they wish to speak on the conduct of officers, and although our courts have acted similarly and spoken out against the conduct of some officers, it has not materialised in any way to act as a deterrent for these officers. So we are writing with the hope that we may mirror the Australian approach and achieve some sort of accountability on the wrongdoings of police officers.”