The NSW Police Force’s Deputy Commissioner Mal Lanyon declared amidst the recent ‘blitz’ on domestic violence offenders, code named Operation Amarok III, that “people that commit domestic and family violence are cowards.”

Never a truer word has been said of domestic violence and those that perpetrate domestic and family violence. However, is it really the role of a police officer to spew their opinions into the public domain knowing that on a daily basis people appear before a court charged with those offences? I do not believe so.

These people who have been branded ‘cowards’ have only been charged; they have not been found guilty or convicted by a court. Last time I looked, it was the court that made findings against those that commit crimes, not the court of public opinion.

It is not for police to condemn innocent persons in the public domain, or to provide observational spin according to their narrative of a particular group.

It always made me cringe when senior police announce in the media their endless crusade against crime. It’s nauseating, is disingenuous, and smacks of government interference in the administration of justice and puppet mastery.

It is NOT for the police not even the Commissioner of Police or for that matter Mr Lanyon to summarily announce and label suspects or accused as ‘cowards’ or declare they are the last line of defence or the decider of truth in solving the domestic violence problem in our community. Sure, the police do have an integral and vital role in preserving life, property, and investigating and detecting crime. They are the thin blue line. But as we used to say countlessly in the Cops, “Stay in your lane!”

Such public comments shave perceptively close to Sub judice Contempt by Publication. With so many live domestic violence matters before the courts, such irresponsible statements may be a contempt of those proceedings.

Those opinions if repeated over and over, make their way into the fabric of the culture, group think, and creates cognitive dissonance, and distracts from the substance of actual policing, and that is to investigate and present the evidence objectively.

If the New South Wales Police Force truly cares about the administration of justice and stamping out the scourge that is domestic violence, then, respectfully, learn to stay in your lane and stop interfering in the court process. You should be investigating without fear or favour, upholding the rule of law, preserving the rights and freedoms of individuals, even those charged with criminal offences. You should be following your own advice and exercising your authority responsibly. If in doubt look toward the Statement of Values.

This whole declaration of war on domestic violence offenders raises the question of what is the proper role of the police? Have I let the cat out of the bag? Perhaps.

Is it to chest beat and announce to the community that they are the arbiters of what is fact and truth, or is it more boringly, to present the facts rather than a narrative?

Sadly, in my two decades of experience, the police are increasingly becoming activists rather than presenters of facts. All too often, it is the low-hanging fruit and the convenient media grab that prevails in the over-politicised world of policing rather than observing and practising and upholding the proper administration of justice. Is that what might be considered “noble cause corruption?”

The only time police seem to realise the injustices of public comment is when they as individuals are separated from the herd and come within the crosshairs of their own public affairs juggernaut and become accused of committing a crime themselves. Suddenly, they are on the centre stage as politicised cannon fodder, and subject to the entrenched political policing and finger-waving star chamber.  Only then do they appreciate the damage and destruction that their organisation’s boasting does to those accused but who have not been found guilty of anything!

Ultimately, from personal experience and representing countless police officers, it affects their families, mental health, and good name in the form of reputation destruction. It ruins careers, it ruins lives, it ruins finances, and it ruins justice! All this before even seeing the inside of a courtroom and a proper testing of the evidence.

It cannot be denied that domestic violence is a systemic problem in our community. That is why there is a whole legislative regime and infrastructure around regulating and prosecuting domestic violence offences. It’s called the Crimes (Domestic and Personal Violence) Act 2007; and it is the court’s job to make legal findings, not the police.

I have seen both sides of the courtroom as a prosecutor and defence lawyer. I consider that, having advised the police over many decades, I am better placed than most criminal lawyers on how the decision to prosecute works. As I always advised investigators, “Taking a statement does not constitute an investigation, now go and investigate!” Nevertheless, despite all efforts, what is often presented to the police prosecutor is the lowest common denominator of evidence, and it is the prosecutor’s unenviable position to be forced to prosecute matters based on the simplistic and spewed ideological rhetoric of government and senior police.

In this latest ‘blitz’ like the COVID fines debacle, a charge is not proof of guilt. It may not even indicate whether the police have a case to prosecute! That is where costs come in, but by then the person’s bank balance, nerves, and reputation have been destroyed.

Against that backdrop, it seems that the all-important appearance of solving the domestic violence problem is the dominant objective.

As Carl Von Clausewitz said of the nature of War, “War is not merely a political act but a real political instrument, a continuation of political intercourse, a carrying out of the same by other means.”

Similarly, the ‘war’ on domestic violence is one of political intercourse, characterised by a military force, the Police, whose role is to accomplish a political end, and not fundamentally, as it should, the administration of justice.

Going to court over an alleged domestic violence-related incident?

Have you been arrested and charged with a domestic violence offence such as an assault, intimidation offence, or apprehended violence order? In that case, you need a domestic violence lawyer and criminal lawyer with over 23 years of experience. Do not speak to the police without getting legal advice first.

Call us at McDonald Law and speak to Richard McDonald at (02) 8824 4736 or email us for an appointment at [email protected]. We will be able to assist you, provide you with honest feedback, and give you practical options to plan, prepare and resolve your case.