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The Guardian - AU
The Guardian - AU
National
Ben Smee

Queensland police delay decision on whether to sack officer who leaked abuse victim's details

Neil Punchard
Senior constable Neil Punchard, who pleaded guilty to computer hacking. Queensland police say it is too early to tell whether additional disciplinary proceedings will take place. Photograph: Glenn Hunt/AAP

The Queensland police service has delayed a decision on whether to sack or further discipline an officer convicted of computer hacking for accessing and leaking the address of a domestic abuse victim.

Senior constable Neil Punchard was on Monday sentenced to two months in prison, wholly suspended, after pleading guilty to nine counts of computer hacking.

Calls are now growing louder for Punchard to be dismissed. On Tuesday, the Queensland Liberal National party’s shadow police minister, Trevor Watts, said he had “serious doubts” as to whether the officer could continue to be employed by the police.

“The public must have complete confidence in the integrity of the police and this undermines public confidence,” Watts said.

“The police are meant to protect victims, not put them in even greater danger. I understand how angry and let-down the victim must feel.”

Watts said a further police disciplinary process should be allowed to take its course, but that Punchard’s actions were “completely unacceptable”.

The court heard Punchard was docked pay in 2016, after an internal discipline investigation. He remains employed by police, but has been stood down from operational duties since being charged in December last year.

Police discipline processes very rarely result in officers being sacked. However, sources familiar with the process say the conviction recorded against Punchard does give police effective grounds to terminate his employment.

Police told Guardian Australia it was too early to tell whether additional disciplinary proceedings would take place, and that officers were not automatically dismissed on being given a criminal conviction.

In a statement, police said it would not comment further for another 28 days, while Punchard could still appeal his sentence.

“The QPS acknowledges the court’s decision,” the statement said. “In the interim, the QPS will be considering the judgment and the member remains stood down.”

Punchard has been represented by the Queensland Police Union’s principal solicitor, Calvin Gnech, who asked the Brisbane magistrates court not to record a conviction.

It is unclear whether he intends to appeal the sentence. Punchard is the first police officer sentenced to a jail term for computer hacking offences.

In other high-profile cases police officers have been hit with substantial fines but courts did not record convictions. An officer who looked up the details of the former Australian netball captain Laura Geitz was fined $4,000.

The improper use of police databases to access information has been described as a “systemic problem” in Queensland.

In sentencing Punchard to jail time and choosing to impose a conviction, the court acknowledged that the leaking of the woman’s address had put her at risk. The magistrate also took into account text messages from Punchard to the effect he “was happy to assist [his friend] in taking the law into his own hands”.

The court heard details of messages Punchard sent to his childhood friend, who was subsequently convicted of domestic violence, and is currently wanted by police on outstanding warrants and understood to be living overseas.

He claimed to be unaware of domestic violence prior to sending the messages.

“Just tell her you know [the address] now via freedom of information,” Punchard wrote when passing on the address. “She will be pissed … Even better just tell her you know where she lives and leave it at that. Lol. She will flip.

“I await the email and her reply. Lol. She will fucking explode. Lmao.”

In another set of messages, the senior constable offered to assist the man with any police complaints.

“The police will contact you if they want to speak to you … then you give them my name. That is your get-out-of-jail-free card,” Punchard wrote. “I have completed an email draft to send to the bitch that will hopefully make her shit herself, so I want to go over it with you before I send it to you,” he said in another message.

The victim, Julie*, has called on the new police commissioner, Katarina Carroll, to sack Punchard.

*Name has been changed

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