Appeal Court backs police sergeant

The Court of Appeal has thrown out a case brought by the Police Commissioner against an officer who was houndedout of the force and came close tosuicide.

Sergeant Craig Hawkins was reinstated to the police after winning an Employment Court case in which Judge Coral Shaw handed down a damning judgment of the Taumarunui police station.

She ordered, in April last year, that police pay Mr Hawkins four and a half years' back pay, compensation of $35,000 for hurt and humiliation and $77,500 for legal costs.

Police national headquarters then appealed on the grounds that Mr Hawkins could not bring a personal grievance claim after "perfing" from the force on medical grounds.

However, in the Court of Appeal, Justice Grant Hammond dismissed the case and ordered the police to pay Mr Hawkins' legal bill.

He agreed with the Employment Court decision that Mr Hawkins had been driven from his job in a constructive dismissal after years of persecution.

Justice Hammond criticised the police case against Mr Hawkins as a "bewildering smorgasbord of options" that was "distinctly unhelpful".

Mr Hawkins left the police in June 2001 on medical grounds after assault charges were laid against him, but wanted his job back in 2003 when the charges were dismissed by Judge Michael Crosbie in the Wanganui District Court.

Judge Crosbie said there were "significant areas of discredit and credibility" and "clear conflict" in the Crown evidence, including that of two constables, against Mr Hawkins.

The police had opposed his reinstatement, claiming it was impractical for him to resume his old duties.

But Mr Hawkins, who had been declared medically fit since November 2004, produced police Ten-One magazines that trumpeted four constables who returned to the force after an average of 16 years as civilians.

In evidence to the Employment Court, Mr Hawkins said the troubles at Taumarunui were now in the past and he had no problems with the current senior officers in the area.

Judge Shaw found that Mr Hawkins was forced out of his job after years of bullying from another officer, Detective Sergeant Derek Webb, who is no longer in the force.

She also said that Inspector Don Allan, the former Ruapehu area commander, deliberately undermined Mr Hawkins' position.

Judge Shaw said the episode had had a devastating effect on Mr Hawkins' life and she took into account the "untenable stress" he had suffered. She said it had been made clear to his colleagues that he had no future in the police and this was also conveyed to Mr Hawkins.

"As a result, Mr Hawkins became suicidal."

Mr Hawkins has returned to work as a sergeant in Taumaranui but declined to comment.

The police legal bill is more than $215,000 so far, not including the Court of Appeal fees and Mr Hawkins' costs, which have yet to be finalised.