Police-reform Activist Battles To Prove Claim

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19th October 2009, 04:48pm - Views: 959





People Feature Dirk Nierop 1 image


News release

from Dirk Nierop, author and publisher of “NSW Police State”





Attention: News editor                19th October, 2009                  justice 1 


 

Police-reform activist

battles to prove claim

             

Police reform activist Dirk Nierop, of Allambie in Sydney, has been battling in

court for years to prove he has been a victim of corruption or misconduct

within the police force of New South Wales.


Nierop protests on his web site called NSW Police State that he has been

victimised and that the police and ombudsman have failed to investigate

properly his complaint.


He says police wrongfully arrested him on a malicious assault charge then,

after he complained that he had been falsely charged and that his case was

not being investigated fairly, victimised him by charging him with other

offences.


Dee Why Police, the complaints management team of Northern Beaches

Local Area Command, the Police Integrity Commission of NSW and the

Ombudsman of NSW investigated his complaint in 2006 and 2007 and

determined that he was not a victim of corruption.


Still he claims that police failed to interview witnesses properly at the time of

the alleged assault, that the integrity commission failed to investigate his

complaint independently of local police, and that the ombudsman closed the

investigation before considering a court finding and transcript which proved

him innocent of malicious assault.


The District Court in Sydney proved in 2007 that Nierop did not cause the

serious injuries which were the substance of the assault charge. The jury

found him innocent of malicious assault and the judge dismissed the offence. 


Nierop says,  “The police investigation of the incident which led to my arrest

was inadequate and biased. Some police abused their power and conspired

against me with extreme prejudice.”


Nierop was the security supervisor at the Surf Rock Hotel in Collaroy on 8

April, 2006, when the incident involving the alleged assault occurred. 


He says, “A group of about 20 commandos and footballers and their friends

arrived that night and began behaving anti-socially. We asked them to leave

the premises.


“One of them, a commando named Shane Bullock, punched me in the jaw.”


Bullock, a commando and footballer of Narrabeen, and others in his group

began fighting security guards who were trying to make them leave.


Police were called. One of the police who attended the scene, Constable

Fiona Pattie, later reported that due to the large number of intoxicated people

at the hotel and a need to attend to people behaving anti-socially, she was

directed by Sergeant Gill Hough “not to take any statements from persons

involved but to record personal details of all persons involved in my notebook

and then record the incident and those details in a cops event along with

details taken by other police in attendance for referral to the detectives for

investigation due to the nature of injuries received by the victim Shane

Bullock“. 


Police reported that they took statements from witnesses after the incident,

some of them days after.


Justice Michael Finnane, of the District Court of NSW, Criminal Jurisdiction,

summed up the case of Regina versus Dirk Nierop in May, 2007, although the

transcript of the sentencing was not released until months later. 


The jury found Nierop innocent of the malicious assault charge although they

found he had used undue force to subdue Bullock.


The judge agreed with the jury and dismissed the offence saying that Nierop

did not have a conviction.


Finnane told the court, "I think it was most unfortunate he was brought before

this court."


Ombudsman Bruce Barbour said in a letter to Nierop in June, 2007, “I am

satisfied with the NSW Police Force investigation into your complaints.


”We do not need the transcripts of the trial or Judge Finanne’s comments and

decisions on penalty to complete our assessments of your complaints about

the adequacy of the NSW Police Force investigation into the incident in

question. We have proceeded to finalise our review of the matter,” he wrote.


Doctors said Nierop suffered from a dislocated jaw and a chronic sleeping

disorder after the alleged assault and the arrest.


He lodged a claim to the Victims Compensation Tribunal of NSW in

November, 2007, to receive compensation for the injury he said he received

when he was assaulted in the hotel and for stress he said he experienced

during the resulting police investigations and court actions against him.


The tribunal has acknowledged his suffering but has dismissed his claim for

victim’s compensation.


He has appealed against this dismissal and his appeal is to be heard in

November, 2009.

 

Nierop won a court case against the NSW Police in Sydney on 2 October,

2009, a case he says was the result of police harassment.


After a hearing which lasted six hours at Waverley Local Court, the magistrate

dismissed the case. 


Nierop had been charged by NSW Police, under the Security Industry Act,

with carrying on a security activity without a security licence at the Doncaster

Hotel in Kensington on 21 October, 2007.   


He allegedly was acting as a crowd controller at the time of the alleged

offence.


Police charged him and fined him $5,500 but he did not pay.


After the court hearing he said, “I believe the police trumped up this charge

against me just to harass me and try to keep me quiet.”


When his trouble with police began, Dee Why Police charged Nierop on 15

April, 2006, with the alleged assault of Bullock in the hotel at Collaroy.


The District Court of NSW, after a four-week trial in February, 2007, found

Nierop guilty of occasioning actual bodily harm but not guilty of maliciously

inflicting grievous bodily harm with intent.


At sentencing hearing spread over two weeks in May, Judge Finanne

accepted the finding of the jury, dismissed the offence and said Nierop did not

have a conviction.

 

In his sentencing speech, Judge Finnane told the court on May 3, 2007, that

Bullock and his wife, Schye, were intoxicated when they arrived at the club in

the evening.

 

Mrs Bullock began arguing with another woman upstairs, the judge said.

Club video recordings showed that Nierop escorted Mrs Bullock from the

dance floor without using any force, he said.

  

"Evidence establishes that Mrs Bullock has frequently been escorted out of

this place and of other places," the judge said.


"I am satisfied that at the relevant times, Mr Nierop did not have his hands on

Mrs Bullock."


The judge said Bullock then touched Nierop and told him to take his hands off

his wife.


Nierop and another security guard then, without using force, asked Bullock to

leave the club, the judge said. Bullock refused to go.


"I am satisfied beyond reasonable doubt that he struck at Mr Nierop, flailed

around with his arms and attempted to make it as difficult as possible for them

to restrain him.


"They were under an obligation to remove him from the premises in view of

the way in which he was going on," the judge said.


"They were doing no more than their duty."


The judge told the court, "I am satisfied beyond reasonable doubt that he

struck Mr Nierop on the jaw and caused him some harm."


He said that when a barman came to help, Bullock and the barman became

tangled with one another and slipped or fell down the stairs and Bullock struck

his head on a large jar on the landing.


Bullock suffered from a broken nose and broken eye socket. "It is clear to me

that he suffered those injuries as a result of his striking that heavy object,

which was full of dirt and apparently a small tree."


Judge Finnane said his opinion was based on the court proceedings, which

included the testimony of witnesses, doctors and police, video recordings and

photographs.


He said the jury, by its verdict, agreed with his opinion. "Their verdict is

consistent with injuries having been caused in that way and is inconsistent

with Mr Nierop having done anything to cause any injuries to his nose or eye

socket.


"I make this plain because there was some press coverage of the matter

which suggested that Mr Bullock was the victim of a violent and vicious

assault in which his nose and eye socket were broken. That is just not so."


He said security guards exchanged punches with Bullock and his group then

"Mr Nierop's punches rendered him temporarily unconscious."


The other guards then removed Bullock from the club.


The judged said, "There is no doubt that the effect of the blows struck by Mr

Nierop did not have any serious consequences for him at all."

People Feature Dirk Nierop 3 image


Nierop, 48, is employed as a security officer by the NSW Government. He

also worked part-time as a security guard in the hotel at Collaroy at the time of

the alleged assault. 


#end


___________________________________________________



Media contact: Dirk Nierop, phone 0412 154 157, email

dirknierop@optusnet.com.au  .


Dirk Nierop

12 Kentwell Road

Allambie, NSW, 2100


Official documents verifying the information in this news release are posted on

Dirk’s web site at http://www.nswpolicestate.com .






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