14 Apr 2010

Officer who refused breath test guilty of misconduct

4:29 pm on 14 April 2010

An investigation has found the actions of a top police officer who refused to be breath-tested after reports he had been drink-driving fell short of the standards expected and amounted to misconduct.

The Independent Police Conduct Authority has issued its report into an incident involving Superintendent Graham Thomas.

Officers went to Mr Thomas's home in December 2008 after a volunteer community patrol saw a car being driven erratically.

Mr Thomas refused to take a breath test. However, the IPCA says officers who responded initially to the incident acted appropriately.

The authority says the decision that no criminal charges could be laid against Mr Thomas may ultimately have been correct.

However, it says it appears to have been made without a thorough investigation having taken place, or independent advice being obtained.

Police Commissioner Howard Broad says his organisation is considering the authority's recommendations.