POLICE - PROTECTING THOSE WHO PROTECT US

Friday 16^th November 2007

Rev Fred Nile, Leader of the Christian Democratic Party, has given a passionate speech in the NSW Parliament in support of the Crimes Amendment (Murder of Police Officers) Bill 2007.

Reverend the Hon. FRED NILE: The Christian Democratic Party supports the Crimes Amendment (Murder of Police Officers) Bill 2007. This very important bill will amend the Crimes Act 1900 to require compulsory life sentences to be imposed by courts on persons convicted of murdering police officers. A compulsory life sentence is to be imposed if the murder was committed while the police officer was executing his or her duties, or as a consequence of, or in retaliation to, actions undertaken by any police officer. The bill makes that clear in new section 19B, "Compulsory life sentences for murder of police officers", which states:

(1) A court is to impose a sentence of imprisonment for life on a person who is convicted of murder of a police officer if the murder was committed:

(a) while in the execution of the police officer's duty, or

(b) as a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of the officer's duty.

A matter I wish to draw to the attention of the House as we debate this bill is my concern about the underlying change that has occurred in our community regarding members of the New South Wales Police Force. The attitude of members of the public to police officers is very different now from what it was some years ago. Some years ago people had respect for the police and responded to police instructions. If officers arrived to break up a brawl and issued instructions to that effect, the guilty parties would see the uniforms and comply. But our community has changed for the worse. Not long ago police who tried to break up a brawl in a pub were thrown through the hotel window. That would not have happened a few years ago. The police did not draw their guns; the reaction was prompted by a change in attitude towards police officers. This bill will remind the community of the important role police play in our society. Police officers should be respected and obeyed when carrying out their duties on behalf of the community. The police protect the community. In many European countries police patrol with machine guns. We do not want that here. Our police must be armed—that is necessary in today's society—but people should respect officers who are doing their duty, and obey their instructions.

In preparing for my speech on the bill I spoke to my wife, Elaine, who reminded me of the death of her cousin on her mother's side, Constable Norman Allen. He was killed at Bondi on 3 January 1931 while endeavouring to apprehend a man armed with both a gun and a knife who was threatening the public. Constable Norman Allen risked his life in attempting to apprehend the man, who shot him dead. Another police officer, Constable Ernest Andrews, came to Constable Allen's assistance and the man shot and stabbed him. Both officers died while carrying out their duties on behalf of the community.

Honourable members may be aware that two of my sons, Senior Constable Stephen Nile and Senior Constable David Nile, served in the police force for more than 20 years. My elder son, Stephen, was sent to investigate a break-and-enter at Gladesville. One officer went to the front of the house and my son went around the back, where he was confronted by a man with a cut-down shotgun. He aimed the gun at my son and pulled the trigger but it misfired. If the gun had fired, my son would be dead. That is how fine the line is between life and death. My other son, David, while stationed at Nyngan also confronted a man carrying a shotgun. The man pointed the gun at David's face and pulled the trigger but it too failed to discharge. Both my sons came close to death while carrying out their duties. If the shotguns had fired, both of them would have been killed.

The Hon. Michael Gallacher: You've got influence upstairs.

Reverend the Hon. FRED NILE: One could say they both had special or miracle protection in carrying out their duties. I encourage all honourable members to read through the New South Wales Police Honour Roll, which lists all recorded deaths of serving police officers in Australia. The first recorded death in Australia of a serving police officer was on 26 August 1803,when Constable Joseph Luker was assaulted and stabbed by offenders. The roll thereafter lists, year by year, all serving police officers who have been killed in the line of duty. In some years up to six officers died in the course of performing their duties. I noticed that in the 1800s many police officers were shot by bushrangers. The record shows that Constable Miles O'Grady was shot by bushrangers—the Clarke Gang. The same gang shot Special Constable John Carroll and Special Constable Patrick Kennagh the following year. I trust they were no relation to the Hon. David Clarke. It seems that the Clarke Gang, like the Kelly Gang, deliberately targeted—and probably ambushed—police officers.

Police officers give their lives in serving the community. That makes them different from other public servants. Some members have compared police to other public servants, such as teachers. But I do not think their roles are comparable. For the past 20 years National Police Remembrance Day has been observed on 28 September. On that day officers of the New South Wales Police Force who have made the ultimate sacrifice in the line of duty are honoured. Services are held throughout Australia, including at the National Police Memorial in Canberra. I understand that other nations also observe National Police Remembrance Day. Every year on 28 September there is a wreath-laying ceremony at the Wall of Remembrance in the Domain, which this year was attended by the new New South Wales Commissioner of Police, Andrew Scipione; the Deputy Premier, the Hon. John Watkins; the Minister for Police, the Hon. David Campbell; and other guests.

This year the names of Sergeant Colin Geoffrey McKenzie, Senior Constable Peter Gordon Wilson and Senior Sergeant Loreto Finucci were added to the Wall of Remembrance. Sadly, more names are added to the memorial every year. Those three deaths bring to 249 the number of New South Wales police officers killed in the line of duty since 1803. The officers died performing their duty and serving the community. The Commissioner of Police, Andrew Scipione, said of National Police Remembrance Day:

Today marks the most important day on the police calendar—the day when all police officers and many members of the public pause to remember and reflect on those who have made the ultimate sacrifice while working for the community.

He continued:

Our people are our most important asset and through their Oath of Office they become part of a special family who will never forget those who have fallen in the line of duty.

As a mark of respect to the officers who gave their lives to protect our community blue-and-white National Police Remembrance Day ribbons are worn by police across the State, as well as by members of the public and members of Parliament. Police officers also die serving our nation, perhaps in peacekeeping activities overseas. They are usually officers with the Australian Federal Police, although I know that State police officers also volunteer to serve in that capacity. One police officer from Victoria, two from Queensland, one from Western Australia and one from New South Wales have died serving our nation. Two Australian Federal Police officers, Federal Agent Mark Scott and Commander Brice Steele, were also killed. Touchstones bearing their names were added to the memorial as well as the names of the officers who died during the past year. The National Police Memorial was opened last year. It has the names of 719 fallen officers and their date and place of death inscribed on brass touchstones, which are distributed randomly across the wall. As I have said it starts back in 1803. The National Police Remembrance Day is also the feast day of St Michael the Archangel, renowned as a fighter of evil and also the patron saint of police. That officers give their lives to serve the community must be recognised and acknowledged, and never forgotten.

I remember when I visited the Federal Bureau of Intelligence building in the United States of America seeing in the vestibule a memorial to officers who had died carrying out their duty. There was a large number. This has become a tradition of police forces and other law enforcement agencies around the world. This important bill acknowledges the risks that police officers take when they take their oath of service. They put their lives on the line. On most occasions when they are confronted by a potential criminal police must wait some time before they can take any action, and as a consequence their lives are immediately put at risk if the potential criminal is in possession of a gun or a knife that the person decides to use against the police. In such cases police have very little time to respond to save their lives. This is a very important bill.