WA Police Commissioner critisized by judge for killing off cops career
CHRISTIANA JONES, The West Australian
A policewoman convicted of trying to cover up a speeding offence has been fined $300 and given a spent conviction, after a Perth judge criticised the Police Commissioner’s "loss of confidence" finding that ended her police career.
Kim Vary Rainier, 38, pleaded guilty to a charge of attempting to pervert the course of justice after falsifying paperwork to suggest she had been catching up with a vehicle being driven erratically when she drove 72kmh in a 60kmh zone in South Perth at 2.13am September 21 last year.
She had been in a "state of urgency" and responding to a call about police pursuit at the time but had not been officially allocated the job or given approval to breach the speed limit.
Today, the court heard that she had confessed the cover-up to senior officers while totally unaware the matter was being investigated internally.
At the time, she had just re-started her police career after a long period of recovery from a car accident, and had been suffering considerable stress regarding a suicide bid by her then-partner.
District Court Judge John Staude today said it was unfortunate that despite her early and honest confessions about trying to escape a minor traffic offence, the matter had proceeded to court and ended the career of an otherwise impeccable policewoman.
"The consequence of your mistake has been, in my opinion, grossly disproportionate to your offending.... and unfair," Judge Staude said. "It is a great loss that you are no longer a police officer."
The court heard Rainier had been described as an inspiration by a police colleague and had been involved in charity and volunteer work during her four-year police career.
The judge went on to criticise the Police Commissioner’s loss of confidence finding in November this year, which had ended Rainier’s career and had suggested there were doubts about her integrity while describing her as honest and forthright.
"That contradiction is difficult to understand," Judge Staude said.
The judge described Rainier’s offence in comparison to others of its type as "almost falling off the bottom of the scale", and said there were many other cases that would have been better suited as an example for general deterrence.
Judge Staude noted she was extremely remorseful for her actions and had made no attempt to minimise her culpability despite there being an alleged culture of covering up speeding fines in her workplace.
The court heard that Rainier had told internal police investigators that she had falsified the documents in a bid to keep her career record untarnished after returning to work, rather than to escape the penalty of the traffic offence.
The judge noted that there was a possibility Rainier would have been relieved of her speeding infringement if she had not tried to cover it up.
Lawyers for Rainier had not applied for the spent conviction but had asked for a fine.
A Prosecutor had suggested a suspended jail term would be appropriate.