Loading In my experience, great care needs to be taken before governments or police agencies ignore such coronial findings and recommendations. Governments and police agencies are not above the law, they are part of the law. Ignoring the facts does not change the facts. Deputy State Coroner Harriet Grahame conducted an inquiry that heard evidence into six separate deaths over a period of 16 days. The evidence included a wide range of oral testimony from family and friends of the deceased, from field practitioners and experts, who argued both for and against pill testing and other drug reform, and the receipt of academic and other papers and submissions. The findings and recommendations are based on the evidence. Evidence is a police officer’s bread and butter. Police learn to deal only in facts and to rely only on evidence in making decisions that potentially impact on the liberty of others.

“Reasonable cause” is a police officer’s operational catch cry. It is the basis of fair and honest policing and protects society from unreasonable behaviour. The Coroner did not suggest, and I certainly do not suggest, that pill testing is the answer to illicit drug use. It is simply one of a matrix of reforms which we must be prepared to consider and trial if we are to make a positive difference. But to suggest that pill testing gives the green light to drug use denies or ignores the evidence in the Deputy State Coroner's report. Former AFP commissioner Mick Palmer. Credit:AAP Similarly, to use arguments that Sydney could go the way of London and other cities, where violent crime had risen after strip-search powers were curtailed, and to use examples of knife-carrying criminals, or those “on the verge of criminality”, to expressly or impliedly, justify strip-searching young men and women attending music festivals, is, I believe, simply unjustifiable. I understand and support Commissioner Fuller’s concern about social and knife violence and his duty to protect the public, but this concern cannot be allowed to be the basis for strip searching people where evidence or reasonable cause is not present, where the action is not, as required, a “last resort” or where the circumstances are not “necessarily serious and urgent” (as required under Section 31 of the act).

Loading Police are given without-warrant powers to stop, search and detain sparingly and with good reason. Such powers, particularly those involving strip searching, are intrusive and intimidatory. They need to be used prudently and carefully and with clear evidence of reasonable cause. To create the impression that respect for police may need the creation of a “little bit of fear” is frankly in my opinion frightening. As a long-time colleague of NSW police and a friend of several past commissioners it is the first time I have ever heard the use of the word “fear” as a basis for gaining respect and I am saddened by its use. Having said this, I fully understand that these are fractious and difficult issues and no good will be served by those of us in competing camps going to war. We must, though, be prepared to rigorously explore and discuss the options by which we may make a positive difference. In this regard I would welcome the opportunity to debate the issue with the Premier and or the Commissioner either privately or publicly. I am no bleeding heart drug use advocate. I was drawn – sometimes dragged – to where I am now by the evidence. Stark, in your face, compelling, evidence which was way beyond “reasonable cause” and, indeed eventually left me with “no reasonable doubt”.