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Author Topic: Senior Constable Jason Wheeler appeals penalty for kicking restrained man  (Read 3439 times)

Prickle

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Senior Constable Jason Wheeler kicked the man while he was restrained on the ground by other Toowoomba police officers, Queensland Civil and Administrative Tribunal heard.

After pleading guilty to a disciplinary charge of assault two years later, he received a two-year demotion from Senior Constable to Constable, which was wholly suspended.

Instead he was ordered to perform 250 hours of community service, the highest amount ever imposed on a disciplined police officer, QCAT was told.

Sen-Constable Wheeler's lawyer Glen Cranny told a tribunal hearing it was more than the maximum community service that could be ordered for a criminal offence.

The officer also was barred from relieving in higher duties, which could have earned him more money, for two years, and Mr Cranny said the total sanction was too "harsh''.

He also is appealing against the extent of the suspended demotion in rank.

The tribunal heard that Sen-Constable Wheeler was walking home from a Toowoomba police Christmas party in 2010 when he was accosted by two brothers.

After one of the brothers allegedly produced a wooden stake and told him he was going to "roll'' him, the off-duty officer ran off, calling police as others gave chase.

Sen-Constable Wheeler was home for 20 minutes before he decided to go to where police had three of the men in custody, the tribunal heard.

Mr Cranny said the off-duty officer lightly kicked one of the men who was restrained on the ground, after he became upset when they protested their innocence.

Sen-Constable Wheeler later described the kick as "something like trying to remove a dog lying in front of you to get it to sit up and walk out of the way''.

The two brothers were charged but not convicted of attempted armed robbery.

Mr Cranny said Sen-Constable Wheeler, who had spent years patrolling in Toowoomba's nightclub district, had never been accused of using excessive force while on duty.

Lawyer Scott McLeod, representing Assistant Commissioner Paul Wilson, said the disciplinary sanction was for extremely serious conduct and should not be reduced.

"He was an experienced officer. He should have known better,'' Mr McLeod said.

Tribunal members Robert King-Scott and Dr Bridget Cullen reserved their decision yesterday.

http://www.couriermail.com.au/national-news/queensland/senior-constable-jason-wheeler-appeals-penalty-for-kicking-restrained-man/story-fnii5v6w-1226681563492#ixzz2Zri82Ync
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Dicko

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Blokes a cunt. I,ve never kicked a dog to get it to move. This prick seems to think its the norm.  Tosser....
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El Diablo

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"something like trying to remove a dog lying in front of you to get it to sit up and walk out of the way''

How was he going to move ... he was cuffed and restrained on the foor ... The Filth half doing the crime the other half covering it up ... FTF !!
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jane

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hang on... a guy is going home 2 pieces of shits try to "accost him" and then one uses a wooden stake to threaten him...the bloke runs away and calls his mates then finds out his mates have got the shit heads and then he kicks them....whats wrong with that....wish we had some friends like that....  :o
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PILLS

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point is janey the bloke was cuffed on the ground an held down then the cop kicked him not the fact the other cops caught which they got chanrged for  ;)
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Ferryman

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I think the cops themselves refer to something like that as a 'shit on shit' incident - and would give the whole lot of them a touch up back at the lock-up - if one of them wasn't a Cop.
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Dicko

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dIDNT LIKE HIS COMMENTS ABOUT THE DOG but i,M WITH jANE.  tHESE PRICKS WOULDNT HAVE THOUGHT TWICE ABOUT BELTING THE BLOKE WITH THE WOOD. jUST HOPE THE COP HAD STEEL CAPS ON WHEN HE DONE THE KICKING. wHAT DID THEY DESERVE...A CUP OF TEA AND A BISCUIT BACK AT THE LOCK UP?

SORRY ABOUT THE CAPS.
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Lone rider

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The tribunal heard that Sen-Constable Wheeler was walking home from a Toowoomba police Christmas party in 2010 when he was accosted by two brothers.

After one of the brothers allegedly produced a wooden stake and told him he was going to "roll'' him, the off-duty officer ran off, calling police as others gave chase.

Sen-Constable Wheeler was home for 20 minutes before he decided to go to where police had three of the men in custody, the tribunal heard.

Sounds to me he was pissed....going back to get revenge was a foolish error in judgement...hindsight is a wonderful thing...guaranteed he won't do that again.... ::)
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angry

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of course its not as if the coppers would make up a story like that, gotta be the truth, havin been on the end of a police kicking, and seen first hand a "truthful" police statement on the issue, I have no doubt the coppers are telling the truth , the whole truth, and nothing but the truth. gotta wonder why they didn't get a conviction though.
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Thumbs

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Coppers are lying fucks for the most part . Otherwise they wouldn't be coppers . They'd be normal people .
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Uncle Fester

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Just down the road from me, a vicious dog has ran out in front of me on the bike. It's happened twice now. Do I feel like kicking it in the head? Bloody oath I do. And I don't give a rat's ass what any dog lover thinks of me if I end up doing this. I'm no animal hater either, in case any of you think I'm a cunt. 
PS ... I'm fuckin' agro ATM because it's only recently happened, and having hit stray animals before and seeing your life flash before your eyes, it's not fuckin' nice having it happen again.
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Uncle Fester

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no offence to anyone.
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Lone rider

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No offence taken here Chris....we had a dog in Cape York (no fence) and it had a bad case of wheels disease.

Until one day it took on a 4WD and got whacked to his back leg....he stayed inside then.

By giving it a boot you might be saving its life ...man thats on top of the roo hit....three times lucky eh?
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ISSUES

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Was a dog with wheel disease when I was a young bloke that used to attack me riding over the hill.
Took fucking months but when I finally connected steel cap boot to head the chasing stopped.
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