No Charges yet again against Negligent cops

Discussion in 'The Bar' started by dawg, Dec 28, 2010.

  1. dawg

    dawg In The Dog House Staff Member

    Aug 19, 2010
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    When you are above the law you have nothing to worry about!

    Cops cuff teen, force him to lie on road face-down on a busy suburban roadway when he is struck and killed by a car. The mother is told that no charges would be laid over her son’s death.

    The mother of a Queensland boy run over and killed when police handcuffed him and forced him to lie on a road is disgusted no charges will be laid.

    Andrew John Bornen, 16, was lying handcuffed and face-down on a busy suburban roadway in the Ipswich suburb of Brassall when he was struck and killed by a car on February 7, 2009.

    His heart, aorta and pulmonary trunk were ruptured and he died before an ambulance arrived six minutes later.
    Officers had forced the Ipswich teen down after reports a youth was armed with a machete in the area.
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    However, Andrew was only carrying a baseball bat when he was confronted by police and an inquest found he had not been acting aggressively.

    Andrew’s mother Helen Donaldson said the Department of Public Prosecutions (DPP) had told her today that no charges would be laid over her son’s death.

    She said the bad news, delivered just before Christmas, had put her ‘‘over the cliff’’.

    ‘‘I was a bit disgusted myself,’’ Ms Donaldson said.

    ‘‘I was very upset, very emotional.

    ‘‘I’m down anyway, but for them to actually ring me two days before Christmas, that is what tops the cake.

    ‘‘... If they would have rang me and said ’look they’ve been charged with manslaughter’ then I’d be over the moon, I’d be having an excellent Christmas.’’

    She said the news could have waited.

    Ms Donaldson said she took comfort that the inquest had found her son was simply at the wrong place at the wrong time and had not deserved such treatment.

    But she said she doubted police had learned anything from the tragedy.

    ‘‘I at least thought they should have been charged with something,’’ she said.

    The director of public prosecutions, Tony Moynihan SC, said he had carefully considered evidence that would be admissible in any trial.

    ‘‘There is no suggestion that the police officers were acting unlawfully or not in the execution of their duty in arresting Andrew Bornen who was intoxicated and armed in public,’’ Mr Moynihan said in a statement.

    ‘‘Given the momentary opportunity the police officers had to assess and act in this situation, the efforts made to alert the driver of the vehicle and the contribution of the driver of the vehicle which ran over and killed Mr Bornen, there is no reasonable prospect of a conviction.’’

    The coroner’s inquest found the female driver bore no responsibility for the death and that the actions of the two police officers at the centre of the incident should be referred to the Director of Public Prosecutions to consider whether charges should be laid.

    State Coroner Michael Barnes told the inquest in July he could not accept the evidence of then senior constable Anthony Brett and Senior Constable Robert Ward that Andrew, who was drunk, acted aggressively towards them, warranting him being handcuffed on the street.

    He said the officers had made a ‘‘terrible error of judgment’’ in leaving the Ipswich teenager lying there.

    Police had stopped their unmarked patrol car on busy Albion Street with the headlights on, obscuring the view of the approaching car that struck Andrew.

    Mr Barnes also criticised the officers for not activating emergency lights to warn the approaching driver.

  2. Napoleon V2

    Napoleon V2 New Member Banned User

    Oct 4, 2010
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    "pussies on the pavement fellas!"
  3. GSD

    GSD Active Member

    Sep 22, 2010
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    Not that it will be any consolation to the mother but she should clearly be able to hand them their ass in a civil trial
  4. DFWTexan1975

    DFWTexan1975 The Saloon News Anchor

    Sep 20, 2010
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    this I agree with..this has lawsuit written all over..against the driver who killed him and the cops that caused this also.