TOOWOOMBA police senior constable Mark McKenzie has lost an appeal against his misconduct demotion for violently arresting an ex-lover, who was also a police officer, while off-duty.
The victim, Constable Jane Sonya Moran, suffered a fractured eye socket, facial cuts and bruising, and other injuries during the arrest.
The Queensland Civil and Administrative Tribunal last month dismissed Snr Const. McKenzie’s application to appeal Queensland Police acting assistant commissioner Tony Wright’s decision made after a disciplinary hearing on February 2 last year.
Commissioner Wright concluded that Snr Const. McKenzie, who was a sergeant at the time, “inappropriately and forcibly detained” Ms Moran in his bedroom at Mt Isa on March 1, 2008.
Disciplinary action was taken to reduce his rank (and pay) from sergeant to senior constable for a period of two years effective from February 2 last year.
The tribunal heard Snr Const. McKenzie and Ms Moran lived next door to each other at police accommodation in Mt Isa.
They had been in a sexual relationship, but it later ended as Snr Const. McKenzie believed Ms Moran suffered a mental illness.
The pair became involved in an argument in Snr Const. McKenzie’s bedroom.
Snr Const. McKenzie thought Ms Moran might grab a knife located on his bedside table and he handcuffed her on the bed, saying she was being detained for domestic violence.
He applied a “lethal use of force option” by restraining her around the neck.
Ms Moran said she was unaware of the knife.
Snr Const. McKenzie later admitted “... in fairness to her she didn’t grab it (the knife). I don’t know if she’s going to grab it but I was completely alarmed.”
He is a Toowoomba police prosecutor.
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