NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR COMMISSIONER OF POLICE V/S PETER GUIRGUIS HANNA CASES

Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. In August 2022, the Police Commissioner removed Peter Guirguis Hanna from the NSW Police Force because of concerns about his integrity and conduct which had caused her to lose confidence in his suitability to remain a member of the NSW Police Force. The Police Commissioner formed that view after four videos were found stored on the camera roll of Mr Hanna's mobile phone during the investigation of a complaint by an employee who worked with Mr Hanna, and after having considered Mr Hanna's response to the notice she had served on him under s 181D of the Police Act 1990 (NSW). The Police Commissioner found that there were reasonable grounds to conclude that the four videos constituted child abuse material.

2. Mr Hanna sought a review of the decision of the Police Commissioner under Pt 9 of the Police Act. In September 2024, Commissioner O'Sullivan (whom we will refer to as "the Commissioner", as distinct from the Police Commissioner) ordered his reinstatement, having found that his removal was unreasonable and unjust. [1] The Police Commissioner seeks leave to appeal and appeals that decision.

3. For the reasons which follow, we grant leave to appeal and uphold the appeal, being satisfied that the Commissioner fell into error, and that Mr Hanna did not meet the onus which he bore to establish that his dismissal from the NSW Police Force was harsh, unreasonable or unjust.

4. Having ourselves undertaken the review of the Police Commissioner's removal order in accordance with the requirements of the Police Act, we also dismiss Mr Hanna's review application.

The context of the Police Commissioner's decision

5. The decision of the Police Commissioner to remove Mr Hanna from the NSW Police Force on 22 August 2022 was based on three allegations which she found to have been established. Those allegations were:

1) Allegation 1 - Mr Hanna was in possession of four videos that amount to child abuse material;

2) Allegation 2 - Mr Hanna failed to report Father Kolodziej for sending him three videos on WhatsApp that appear to amount to child abuse material (two on 22 January 2021 and a third on 6 March 2021 - referred to as Videos 1, 2 and 3 respectively, as outlined below) and that he also failed to report his receipt of a further video containing child abuse material on WhatsApp on 9 April 2020 (referred to as Video 4, as outlined below); and

3) Allegation 3 - Mr Hanna attempted to show Ms Rhiannon Moseley, and played in her presence, a video containing child abuse material that corresponds with the description of Video 2 (as outlined below).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197ae72d4f5611f9e8cc43fb)

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