A highway patrol officer who manipulated a routine breath test, for a driver whose father was a police officer, has received a conditional release order.
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Senior Constable Tom Christopher Harper of Narrandera pled guilty in the Griffith Local Court on Friday June 14 to a charge of actual offence - police officer neglect/refuse/not carry out any lawful order.
The court was told the incident occurred in August last year while the father of four was undertaking breath tests in Narrandera.
Around 10.30pm on August 11, he was patrolling the vicinity of Back Dixonville Road when he stopped a Nissan Navara.
The court heard upon approaching the vehicle, the 33-year-old officer recognised the driver as the son of another police officer.
It's alleged the driver admitted to consuming alcohol.
The court was told Harper carried out a breath test in a way so that the reading would be negative.
When the driver passed the test, Harper permitted the driver to leave.
Days later on August 14, Harper admitted to his supervisor what he had done which initiated an investigation and led to the charge.
In court, Harper's barrister Tim Lowe placed weight on his client ultimately reporting of what had happened.
"If it wasn't for his selfless reporting (this) wouldn't have seen the light of day," Mr Lowe said.
"He made a bad decision and it was when he stepped away and thought about what he had done that he spoke to his supervisor."
Magistrate Trevor Khan noted it was a rare occurrence for an officer to be charged with such an offence.
"It seems to me there is significant issue with regards to police that take it upon themselves to deliver a different standard of justice," he said.
"The message that has to come out is whether the public can have faith in the police force and expect they act in the way of their oath."
Director of public prosecutions Brendan Donnolly concurred, saying, "he knew the driver had been drinking. There is a trust placed in the police, especially in Griffith and small communities.
"There is significant public interest in upholding justice."
In sentencing, magistrate Khan did note Harper's disclosure of what he had done as a significant factor.
"Your act of self reporting brought down on you a house of cards... that's an extraordinary act that should not be discouraged," he said.
Harper was served a conditional release order of 12 months.
