TAMWORTH-based police Inspector Jeffrey Budd told last week’s Police Integrity Commission (PIC) hearing he told Moree officers to “go through the process” of testing – and, if necessary, charging – a Moree Corrective Services officer who had failed a random breath test.

The PIC was investigating claims Moree officers had fabricated evidence to allow David John Webb to evade being charged on instructions from Inspector Budd. Inspector Budd was based in Moree but relieving in Mudgee at the time of the incident.

Webb had been arrested by Moree Constable James Boaden after recording a 0.09 “mid range” blood alcohol reading on September 24 last year.

Officers of the Moree police and the local branch of the Department of Corrective Services have a close working relationship.

Members of the PIC questioned Inspector Budd about why David Webb’s supervisor, John Weaver, had rung him on his mobile phone in Mudgee after Webb was arrested. Inspector Budd was also asked why, subsequent to that phone call, he had called the Moree police station duty officer for the night, Senior Constable Phil Smith.

Inspector Budd, who was relieving as Local Area Commander in Mudgee, said he had been woken by Weaver’s call at about 10.30pm.

He had been tired after being involved in planning for a visit to Mudgee by the president of the Philippines.

Inspector Budd said Weaver had called to ask that if Webb was arrested he not be placed in the “dock”, a steel and plastic containment area used for intoxicated and drug affected prisoners.

It was feared that if Webb had been placed in contact with prisoners who may have a grudge against him as a result of his work an incident may result.

“Weaver had requested ‘If he (Webb) gets charged with something can he please not be put in the dock’,” Inspector Budd said.

He described the request as “fair”.

Phone records indicated Inspector Budd made a 47-second call to Moree at 10.32pm (after speaking to Weaver).

He told the inquiry the purpose of the call had been to ask Constable Smith at what stage officers were at with Webb.

Constable Smith told Inspector Budd Webb was still awaiting breath analysis.

“Before finishing that call, I told Phil that he (Webb) has to go through the process and if he gets tested, he gets charged,” Inspector Budd told counsel assisting the commission, David Staehli SC.

When pressed further about his conversation with Senior Constable Smith Inspector Budd said: “Yeah, I just said, ‘Look, if there’s no need to, don’t put him (Webb) in the dock’.

“My intention in ringing was also to make sure there wasn’t an incident in the station.

“Because of the relationship we share in the station in terms of the two agencies that share common ground in terms of charge areas and prisoners in custodies and duties of care of prisoners, there’s a fairly strong relationship between all working parties.

“There is also a concern that if a member of John’s (Weaver) staff has been brought into custody that we will not want to see a nasty incident or an unpleasant incident. So I wanted to inquire about that as well.”

Phone records indicated Inspector Budd had called John Weaver back at 10.34pm. Inspector Budd said he had rung to tell Weaver that Webb had failed a roadside blood test.

“I told him that he’d been picked up for a positive test, roadside test, and he’s been brought back to the station and he was waiting to be put on the breath analysis machine and that I didn’t see any reason why he should have to go in the dock so he wouldn’t be put there, which wouldn’t cause him any embarrassment or indignity, and that he was going to go through the process,” Inspector Budd said.

“By ‘go through the process’, you meant be dealt with in accordance with the normal rules and be charged if appropriate?” Mr Staehli said.

“Correct,” Inspector Budd said.

Mr Staehli asked Inspector Budd if, in his call to Senior Constable Smith, he had told him to exercise “caution”.

“No,” he said.

“Is it possible that you did say something like that?” Mr Staehli said

“No, I doubt – no,” Inspector Budd replied.

Mr Staehli also asked Inspector Budd why, when he was first approached by police investigating the incident, he refused to be interviewed.

“It’s my right. They put a criminal allegation to me which amounted to perverting the course of justice and on legal advice I declined to speak to them on those criminal allegations,” Inspector Budd said.

He had obtained this advice through the Police Association and documentation entitled “Know Your Rights” well distributed through the Moree station.

Senior Constable Smith told the commission Inspector Budd had told him to “be careful” with Mr Webb.

“I told... Budd I’d look after him (Webb). Reading between the lines we wouldn’t charge him,” Senior Constable Smith said.

Both Senior Constable Smith and Constable Boaden told the commission they fabricated evidence to make it appear Webb had been under the legal limit.

This included blowing into a breath analysis machine on Mr Webb’s behalf.

Inspector Budd said he had no recollection of telling Senior Constable Smith to be careful or to “exercise any caution”.

He said he had told him (Smith) to treat Webb “like any other potential offender”.

The inquiry into allegations raised as part of Operation Pegasus will now move onto submissions and the preparation of legal documents.

The results are not expected to be known for another four to five months.

“A formal decision (on which way the investigation will progress) will stop with the Commissioner of Police after all of the reports are drafted,” a police media spokesman said.