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Police lose their job after failing to charge his wife when she went over the limit three times at the scene of the Queensland accident

Police officer who breath-tested his own wife at the scene of the accident but didn’t charge her when she was three times over the limit loses offer to get his job back

  • The police released his wife after she exceeded the legal limit after the accident
  • The man lost an appeal to have his job reinstated after he failed to charge him
  • The Queensland court heard that it was necessary to maintain public confidence in the police

A former police officer who did not charge his wife with driving under the influence after examining her at the scene of an accident failed in his bid to get his job back.

Benjamin Shannon, 29, had appealed to the Queensland Civil and Administrative Tribunal last month after The Deputy Commissioner of Police called for his dismissal last year in the wake of the incident.

But his appeal was rejected after tThe court heard that reinstating him to serve as a police officer would “undermine public confidence in the integrity of the officers and the service.”

The then police chief was called to Mount Louisa in Townsville, in far north Queensland, by his then-wife, Amber Rose Shannon, after their car crashed in June 2019.

Mr. Shannon (pictured) pleaded guilty to one count of refusal of a public official to perform duty, before he was fired by the Assistant Commissioner of Police last year.

Mr. Shannon (pictured) pleaded guilty to one count of refusal of a public official to perform duty, before he was fired by the Assistant Commissioner of Police last year.

Shannon arrived at the scene and gave his now ex-wife a breath test while another officer remained in the police vehicle.

He blew 0.14, or three times over the legal limit, but Shannon had put the breathalyzer in “training mode,” which meant the reading couldn’t download properly.

Then he did not charge her with the crime.

The former police officer pleaded guilty to one count of refusal of a public official to perform duty in Townsville Magistrates Court in 2020 and was fined $2,500.

He was subsequently removed from the Queensland Police Service for misconduct in March 2021.

The court heard that Mr. Shannon had suffered a loss of $8,000 in addition to being publicly humiliated as a result of the case.

On appeal, the court heard that he had had no previous disciplinary problems during his seven years as an officer, but accepted that there were critical flaws in Mr Shannon’s decision-making process at the time.

His use of police resources was also a factor in the court’s decision to uphold his dismissal.

“The aggravating feature in Mr. Shannon’s matter was that the behavior occurred while he was on duty, involved the use of a police-issued breathalyzer, and allowed his wife to avoid a possible charge of driving under the influence of alcohol,” said a court member. .

Mr. Shannon's wife was three times over the legal limit, but he did not charge her with the crime.

Mr. Shannon’s wife was three times over the legal limit, but he did not charge her with the crime.

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