Officer faces hearing after retired cop let off breath test

 

A Sunshine Coast police officer will face a disciplinary hearing on Thursday over allegations she allowed an interstate officer to skip out on undergoing a breathalyser test.

Detective Senior Constable Naomi Shearer had been called to Alexandra Headland Surf Life Saving Club in 2016 to assist two young officers who had pulled over retired Victorian police sergeant Kevin Perry.

The Crime and Corruption Commission is taking disciplinary action against Detective Senior Constable Naomi Shearer in the Queensland Civil and Administrative Tribunal, which was part-heard in November and continues on Thursday, May 13.

The CCC is calling for her sacking as a punishment for her actions involving the former officer asking police to allow him to leave his vehicle after drinking a few glasses of wine.

Police body worn camera footage played before the QCAT in November, and obtained by 7 News, shows the officers were told by Mr Perry he was a "sergeant in Vic police" and asked "is it alright if I go?" before they called for backup to assist with the incident.

Retired Victorian police sergeant Kevin Perry asked if he could avoid a breath test. Picture: 7 News
Retired Victorian police sergeant Kevin Perry asked if he could avoid a breath test. Picture: 7 News

 

Mr Perry, who had his family in the car, had told the officers he'd drank "a couple of glasses of red" and asked if they would let him leave the car and catch a cab home.

One of the officers replied: "Unfortunately, I can't do that, but what I am going to do, to be fair, I'm going to give you 20 minutes."

Detective Senior Constable Shearer and her colleague, Senior Constable Rohan Evans, arrived shortly afterwards.

Video footage shows the senior officers discouraging the younger pair from issuing a breath test.

The senior officers were subject to a CCC investigation.

They appeared in the Brisbane Magistrates court in December 2018 and were both fined for refusal by a public officer to perform duty with no conviction recorded.

The video footage played before QCAT in November showed the female detective saying she didn't realise Mr Perry hadn't been breath tested, adding "it's really up to you" and "I wouldn't".

"But what if he brags?" the young officer can be heard asking.

"He's not going to tell anyone. He's not going to tell a f … ing soul," she replies.

Detective Senior Constable Shearer then tells the young officer not to tell anyone about the incident.

A CCC spokesman confirmed the ongoing matter involving Detective Senior Constable Shearer remained before QCAT and would be heard on Thursday in Brisbane. 

Originally published as Officer faces hearing after retired cop let off breath test