Officers who beat students fail to escape convictions

Patrick Garty (L) and Wiremu Rakatau. Photos / Sarah Ivey

A police officer who beat up a group of students wanted to escape a conviction so he might one day apply to become a policeman in Queensland.

Patrick Garty was off duty when he and two colleagues chased and beat up three university students. He was found guilty of three assault charges and has since left the police.

He appeared with his former colleague Wiremu Rakatau, who has also been found guilty of assault and will now face a police disciplinary hearing.

Garty and Rakatau were spared from standing in the dock at the Manukau District Court yesterday but lost their bids to be discharged without conviction. A guilty person can be discharged without conviction if a judge believes the punishment will outweigh the gravity of the crime.

Judge Heather Simpson said that although the two policemen were off duty at the time, they had been drinking and chose to chase the group of students to their apartment building instead of calling for backup.

The court had previously heard that the officers spotted the group of students in High St pushing a shopping trolley and ordered them to stop because they feared shop windows, parked cars and buildings would be damaged.

The students obeyed immediately, but the policemen followed them up the street and into Little High St, where CCTV footage showed two of the students were pushed and another was kicked.

Judge Simpson said the three young men had been affected by the beatings.

"I am not talking about the physical injuries, they heal over time ... it's their loss of faith in authority figures and their loss of enjoyment in going out with friends."

Garty's lawyer, John Anderson, said his client hoped to work for a security company or the Defence Force and wanted to keep the opportunity of working for police in Queensland open.

"There is a balance to be made between Mr Garty's actions and the effect this will have on him for the rest of his life," Mr Anderson said.

He said Garty had turned down two offers of employment because of the charges and had a third offer on the table which would be available only if he were discharged.

Rakatau's lawyer, Kevin McDonald, said his client was only 20 when the assault happened.

Rakatau still works for the police but has been on office duties for the past 14 months.

"His job is on the line, Your Honour," Mr McDonald said.

He said that if Rakatau had not been a police officer, then the police would have considered diversion.

Crown prosecutor Eilidh Hook disagreed.

"I used to hold the diversion portfolio and I would not have granted diversion from what I saw in the video," Ms Hook told the court.

She said she opposed the discharge without conviction and said the assault was serious.

"It may seem unfair but the state allows police officers the use offorce and they must have a high standard of conduct," Ms Hook said.

Garty was ordered to pay the three victims $450 each in reparations while Judge Simpson decided that a conviction and the media coverage for Rakatau would be a punishment in itself.

Police spokesman Jon Neilson told the Weekend Herald that the disciplinary process for Rakatau under the code of conduct would take the charges and conviction into account.

Acting Senior Sergeant Robyn Taylor-Ward from the Queensland police said all charges and convictions of applicants were considered, including the nature and gravity of offences. She said the force would not discuss individual cases.

A third officer, Constable Chris Renata, has been charged with assault and faces a defended hearing later this year.