Editorial: Loophole needs closing right now

The law may be an ass but surely there is a more apt description for those who deliberately manipulate it to their own end.

Others will have colloquialisms to describe the actions of an Auckland policeman who used a little-known loophole to escape conviction for drink driving.

Detective Constable Wayne Dennis Mead from Counties Manukau CIB was stopped in Auckland on February 17 and gave a breath alcohol reading of 619mcg per litre of breath. The limit is 400mcg.

He was acquitted in the Auckland District Court last month on the grounds he was not given an uninterrupted 10 minutes to decide if he wanted a blood test. During the 10-minute period Mr Mead was supposed to be given, he asked, and was allowed, to call his boss.

Judge Graham Hubble ruled the uninterrupted break had not been established and dismissed the charge.

Right-minded people have every right to be upset by this turn of events. As an upholder of the law, Mr Mead would know only too well the consequences of getting behind the wheel after one too many. It is his duty to ensure that justice prevails in society, not to seek out and exploit legal loopholes.

It is unclear whether Mr Mead knew of the loophole at the time he was pulled over. Perhaps he simply used the phone call to appraise his superior of his plight and to seek advice. Whatever or however it came to be presented in court, the public have every right to feel aggrieved by the outcome.

We have an expectation of our sworn police officers in respect of their behaviour; because they are charged with holding others to account for their misdeeds, they will never succumb themselves or fall foul of the law. This is clearly an unrealistic expectation; police officers carry the same human fallibility as the rest of us. But what we don't expect is that they will, as Mr Mead has done, attempt to bypass any punishment by utilising a technicality as part of the judicial process.

Acting District Commander Superintendent Nick Perry said Mr Mead could face police disciplinary procedures.

Whatever the outcome of that, he has tarnished not only his own name, but by association, the reputation of his fellow officers.

The authorities must act swiftly to close this loophole, lest all those who are tested suddenly find the urge to call someone within that crucial first 10 minutes. That would make donkeys of all of us.

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