A senior constable was sacked because he failed to properly investigate domestic violence allegations and allowed a topless waitress at a work Christmas party in what amounted to sexual harassment of colleagues.
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This month the NSW Industrial Relations Commission upheld Andrew Herring's February 2024 dismissal after he sought a review because, he argued, it was harsh, unreasonable and unjust.
In September 2022, Mr Herring from Lake Illawarra Police District and another officer took a recorded statement from a woman alleging her ex-partner had taken intimate photos and videos of her without her consent and posted them online, including ads containing her home address which portrayed her as a sex worker.
The woman offered to email screenshots she had compiled, but Mr Herring did not give her an address.
He failed to undertake a risk assessment, did not mention the intimate images in his record of the woman's complaint, and did not follow up with her.
Responding to his handling of the complaint, Mr Herring said it was difficult to identify what body parts were shown in the images and the victim was "never going to be satisfied with the actions of police".
He also said he did not record the intimate images allegation because he had not finished his investigation and he had no evidence to support the woman's claims.
In her reasons for Mr Herring's dismissal, Police Commissioner Karen Webb said there were grounds to believe he had not investigated or inadequately investigated the woman's complaint and he'd created a false or misleading report.
The woman's ex-partner was eventually charged with domestic violence offences.
The next month Mr Herring and another officer attended a second woman's home following a report her ex-partner had repeatedly breached an apprehended domestic violence order (ADVO) by calling her 35 times in 20 minutes and leaving 11 intimidating voice messages.
Mr Herring told the woman there was nothing they could do "until it reaches a criminal element", took no notes, and failed to take a recorded statement or conduct a risk assessment.
Six days later, another officer took a statement and his investigation led to charges against the ex-partner.
Two weeks after he visited the woman Mr Herring created a report, in which he said the incident began because the woman " took the phone off the son and ended the call without notifying" her former partner.
He later said he thought his body-worn camera was recording his interaction with the woman and he did not think the voice messages reached the threshold of harassment or a breach of an ADVO.
Commissioner Webb said Mr Herring failed to investigate or adequately investigate the complaint.
In November that year, Mr Herring organised a work Christmas party where a topless waitress later turned up.
Another police officer admitted to booking and paying for the waitress, but Commissioner Webb said Mr Herring had engaged in sexual harassment by letting the woman into the premises and letting her stay.
While there had been comments about a topless waitress, Mr Herring said there was no intention for one to attend and he was surprised by her presence.
He said he did not realise she was a topless waitress until she removed her top, and he was drunk and went to sleep after she arrived.
Mr Herring said there were higher ranking officers at the party and he did not understand why it was his responsibility to ask the woman to leave.
Mr Herring had a disciplinary history before these three incidents, which included a warning for failing to create a report about a domestic violence complaint and being put on a risk management plan regarding his investigation of domestic violence incidents.
He denied the allegations behind his sacking, telling the NSW Industrial Relations Commission that he tried to investigate all avenues with the first domestic violence complainant.
Mr Herring maintained he did not see evidence supporting the allegations about the intimate images and admitted that while he did not ask risk assessment questions, it was because the woman left the station.
He said domestic violence officers took on the investigation of the second woman's complaint and he did not have the chance to continue investigating.
Regarding the Christmas party, Mr Herring noted another officer arranged and paid for the topless waitress, whom he was told was a friend when he was asked to let her in.
He said he did not let her stay any more than anyone else at the party had and was taken to bed shortly after she arrived.
Mr Herring, an officer of more than 13 years, argued the dismissal order was based on findings that should not have been made and was disproportionate to his conduct.
But NSW Industrial Relations Commission deputy president Jane Paingakulam found the order was not harsh, unjust or unreasonable and Mr Herring had not shown the allegations against him were unsubstantiated.
Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs, court, education and health. Our Watch award winner. If you have a story, let me know. Email me at natalie.croxon@austcommunitymedia.com.au.
