A senior police officer is guilty of serious misconduct for fleeing the scene of a car crash to avoid a breath test after allegedly consuming more than 23 drinks, a watchdog has found.
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But the NSW Law Enforcement Conduct Commission stopped short of finding other officers tried to cover up the May 2023 incident when they didn't declare it publicly.
The 46-year-old inspector crashed a work-issued vehicle in a northern Sydney tunnel and left it damaged on a street after a lengthy, late-night drinking session with colleagues in the city.
Criminal investigators found CCTV evidence he'd consumed 23.6 standard drinks over nearly nine hours, way more than the eight mid-strength beers he'd told his supervisor he had.
However, he wasn't charged with high-range drink driving until nearly six months later.
The commission found the officer, whose identity has been suppressed by a court, guilty of serious misconduct for leaving the scene of the crash to avoid a blood-alcohol reading.
It also declared he had been "deliberately dishonest" in his answers on an insurance claim form for the car he crashed.
Remarkably, the police insurance form had no positive requirement for the officer to declare alcohol consumption, instead simply asking if he had been tested for drinking after the crash.
But the commission found he withheld critical information by not declaring his drinking in a section of the form summarising the accident, where he wrote he had fallen asleep at the wheel.
He was also found to have been dishonest when he wrote the vehicle was fit to be driven from the scene, given the commission found serious damage to the car.
He was subsequently accused of driving with a blood alcohol level of more than 0.15, an allegation he denies.
The officer was also treated more leniently by his commander and in a police review of his driving, which the watchdog said led to other officers losing confidence in the integrity of the force.
Commission chief Peter Johnson acknowledged the general public had the right to know that police officers were dealt with the same way as other citizens when alleged criminal incidents occur.
"But there is a second important audience ... other NSW police force officers watch to see if senior officers are dealt with in the same way as junior officers," he said.
Police did not issue a public statement about the allegations until media reported details of the incident, prompting suggestions its leadership wanted to cover up the events.
But the commission found no evidence the lack of public disclosure involved impropriety, while noting it had hurt the reputation of the force.
Greens MP Sue Higginson said the "outright lying and gross misconduct" was emblematic of the "culture of impunity and cover-up" within the force.
"We simply don't have an effective police integrity and accountability system ... the LECC does excellent work but it is reactive, has limited resources and powers and is routinely obstructed by police in the courts," she said.
Premier Chris Minns disagreed, suggesting LECC investigations had resulted in charges against officers numerous times.
"I'm not suggesting when you've got an organisation as big as NSW Police there won't be issues from time to time but the public should have confidence there are independent oversight agencies that will take action when it's needed," he said.
Police Commissioner Karen Webb is set to address the incident on Thursday afternoon.
The officer is due back in court on September 27.
High-range drink-driving carries a maximum jail term of 18 months.
Australian Associated Press
