Source : Perth Now news
The sacking of a Victoria Police detective after pictures of a corpse were found on his phone has been upheld by Victoria’s highest court.
Former detective senior constable Murray Gentner was dismissed from his role in July 2023 after police investigators found a WhatsApp group with other officers while probing the leaking of photos of former AFL coach Dani Laidley in custody.
The former officer was cleared of criminal charges relating to allegedly sharing details of Ms Laidley’s arrest in the chat, and at all times denied taking or leaking Ms Laidley’s photo.
But Mr Gentner was found to have engaged in disgraceful or improper conduct by a disciplinary inquiry officer (DIO) for sharing sensitive police information and “disgraceful commentary” in the group.
Images of offenders, a man’s body at a crime scene, sex toys seized during warrants and derogatory, discriminatory and abusive commentary about colleagues were shared in the group chat.
In a DIO report, the award-winning 20-year veteran of the force was found to have “consistently placed his own interests ahead of the faithful discharge of the duties” over a five-year period to 2021.
“The idea that Victoria Police officers (detectives) would treat a deceased person who died in tragic circumstances like this would be a shock to the majority of the community,” the report said.
“The fact that a recently deceased person who dies in tragic circumstances would be subjected to sexually depraved ridicule by police officers in possession of a graphic photo taken of the deceased by a detective attending the scene is disturbing and an affront to public decency.
“Moreover, I expect the community would be greatly dismayed and many outraged by such cavalier behaviour by police.”
Mr Gentner appealed the decision to the Police Registration and Services Board (PSRB), which upheld his sacking, and then appealed again to the Victorian Supreme Court.
In August 2024, Supreme Court judge Michael McDonald quashed the decision on an error of law, finding that Mr Gentner’s dismissal was unjust because the DIO did not have powers to amend the charge during the review.
Justice McDonald ordered a “differently constituted” PSRB board again review Mr Gentner’s challenge against the DIO’s findings.
But Victoria Police challenged Justice McDonald’s findings to the Court of Appeal, which, on Wednesday morning, upheld the appeal.
Justice Simon Whelan, speaking on behalf of a panel of three judges, found that the DIO did have the power to amend the charge and Mr Gentner’s sacking was lawful.
He set aside Justice McDonald’s judgment and dismissed Mr Gentner’s appeal.
The Court of Appeal is expected to publish its reasons on Wednesday.
