A former magistrate in New South Wales is calling for an overhaul of police bail system to fix what he has labelled an inherent conflict of interest, allowing officers to make bail decisions about their own colleagues. He says it is especially problematic when it comes to officers charged with domestic violence, who are set free by fellow officers while their alleged victims live on in fear.
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00:00Constable Reuben Timperley is accused of repeatedly assaulting and intimidating his former partner,
00:09but he was set free by his New South Wales police colleagues earlier this year without
00:13any bail conditions as he fights the charges.
00:17I don't think I ever saw a case where somebody was charged with domestic violence offences,
00:25certainly of this nature, without having bail conditions.
00:28It's extraordinary.
00:30It's very unusual.
00:32He's one of 42 New South Wales police officers who have been charged with domestic violence
00:36offences since January 2023.
00:39Of those, 10 were refused bail by police, 14 were placed on conditional police bail
00:44and 18 avoided bail conditions altogether.
00:48Among those granted police bail was former senior constable Jordan Weston in late 2023,
00:54despite his former partner expressing fears for her safety.
00:58He was later convicted of repeatedly assaulting, stalking and intimidating his victim.
01:03It's absolutely crucial that those who are in relationships with police officers feel
01:08that they have the same protection as the rest of the community for that key danger
01:12period between investigation, charging and court.
01:18Former magistrate David Hilpern is calling for an overhaul of the system to ensure police
01:22officers are not making vital decisions about their own colleagues' bail status.
01:28He says instead they should be made by the Director of Public Prosecution's Office.
01:34Investigations should be at arm's length because there's an inherent conflict of interest between
01:41where police are investigating police, especially as we know with the kind of culture that exists.
01:46In Victoria, bail decisions about police officers are only made by the assisted commissioner
01:51with the Professional Standards Command and the process is overseen by the state's police watchdog.
01:57We're open-minded to that.
01:59In New South Wales at the moment we comply with the Bail Act and apply the Bail Act objectively.
02:04Attorney-General Michael Daly would not comment on whether he would consider any changes to
02:09the Bail Act.