THE policeman responsible for shooting dead a dog in Kinross is one of three officers stood down after testing positive for drugs — but not at the time of the shooting.

The police officer who was cleared after an internal review of the shooting death of Staffordshire bull terrier named Biggie on November 2, has tested positive to drugs.

The officer was drug tested the day after the shooting, but returned a negative result.

However, Police Commissioner Karl O’Callaghan confirmed on 6PR that during a routine drug test this week the officer returned a “presumptive positive test’’ for a drug “like methamphetamine.’’

The dog, which appeared to be sitting passively on a street at the time, was shot dead on November 2.

Commissioner O’Callaghan said it was an “extraordinary coincidence’’ but the two events were unrelated.

“There was a test that he received a presumptive positive for something like meth,” he said.

“I don’t actually know what the drug is.”

Mr O’Callaghan refused to draw a connection between the positivedrug test and the dog shooting incident.

“It is an extraordinary coincidence, but I can explain to you they are totally separate incidents,” he said.

Mr O’Callaghan said analysis had confirmed two officers who had a “relationship connection” tested positive to MDMA or ecstasy, while the policeman who shot Biggie tested positive for an amphetamine-based substance.

He said he was unsure if there was any link between all three officers.

Mr O’Callaghan confirmed the three officers have been stood down on full pay. And he has begun the formal process of declaring a “loss of confidence’’ in the men, which could lead to their dismissal.

The Commissioner said he was not sure if the officers would face criminal charges over the positive drug tests.

It is believed a search warrant was executed at one of the officer’s homes following the drug test, but he wouldn’t say if anything of a criminal nature was found.

“All I know is that the Internal Affairs Unit information prompted them to go seeking those (three) officers for a test,” he said.

Mr O’Callaghan did not confirm reports that the officers had been targeted because they failed to turn up to work after attending the Stereosonic music festival the day before.

He said IAU officers acted on information they had received.

Mr O’Callaghan said he wasn’t surprised there were a “tiny number” of officers on drugs in the force — after three positive results from 200 random tests.

“We have a big drug problem in the community at the moment and we recruit from the community,” he said.

“I’m concerned about any officer who uses drugs. Occasionally we’ll get something like this happening.

Mr O’Callaghan said if officers are found to have drugs in their system, there was a “99.9 per cent chance” they would lose their job.

“Officers are on notice that is the consequence,” he said.

PREMIER: ‘SYSTEM WORKING’

Premier Colin Barnett said the three officers stood down was an example of the system working.

“I think anyone would be very disappointed to hear of that and I don’t in any way excuse it, but we’ve got over 6000 police officers, men and women and, I guess given the incidence of drugs, some of them probably use drugs,” he told 6PR Radio on Wednesday.

“I think it’s an example of the system working where these tests are done and the officers have been found to have been positive for drugs and they will face the consequences. I think that is proof of the scrutiny of the testing that is going on.”

WA Police Union President George Tilbury said officers are part of the community and unfortunately are not immune from the methamphetamine scourge destroying society.

“The WA Police Union maintains the same expectations as the community when it comes to a drug and alcohol free police force,” he said.

“We are fully supportive of the WA Police drug and alcohol testing regimen. Extensive testing since its introduction has revealed only 0.07 per cent of officers have tested positive for drugs and/or alcohol.

“This is clearly a health issue and assistance should be provided to ensure police officers are rehabilitated regardless of their employment status.”

Camera Icon Biggie the Staffordshire bull terrier fatally shot by police. Credit: Supplied

INTERNAL REVIEW CLEARED OFFICER OVER SHOOTING

An internal police review released on Wednesday cleared the officer who shot “Biggie’’ dead last month of any wrongdoing, finding his actions were “justified”.

The officer shot the Staffordshire bull terrier after receiving reports two dogs were menacing locals.

Security footage shows the male officer drawing his gun as Biggie approaches him. The dog is seen wagging its tail and then appears to sit down just before the officer kills it.

In a statement released on Wednesday, a police spokesman said a review had been conducted and found the officer’s use of force was “justified in the circumstances”.

“It was found the officer discharged his weapon based on reports of the dog’s aggressive behaviour in the area for approximately two hours prior to the shooting,” he said.

“In that time, the dog had attacked another dog and displayed a range of menacing behaviours towards a number of people in the neighbourhood.

“The first police officers to respond to calls for assistance from the public were also subjected to aggressive acts by the dog.”

The dog’s owner Pat Wharram told Nine News that police said “the officer acted reasonably” and he had not been given an apology.

Mr Wharram’s lawyer Nicole Young said the officer had been on office duties for three weeks after the shooting, which is standard procedure, but returned to work on Monday.

Nine News also reported that more than one shot was fired that day — another officer in a different location fired two shots at the dog, which missed.

That officer has not been disciplined.

CALL FOR INDEPENDENT INQUIRY INTO SHOOTING

Ms Young said before the most recent developments she was considering referring the matter to the Crime and Corruption Commission. She said now she was even more convinced that an independent investigation was warranted because of conflicting information coming from police.

She told 6PR Radio that police officials showed her and her client frame-by-frame footage of the incident at a meeting on Wednesday.

There is conjecture over whether Biggie was sitting or still on all four paws when the shot was fired.

“They did show us that there is a puff of smoke that is discharged .. when the trigger is pulled and that at the moment you can see that smoke Biggie is just beginning to sit down,” Ms Young said.

She maintained there was no reason for the officer to fear he was at risk of serious harm.

“That’s not the worst part now, the worst part is not getting straight answers,” she said.

She said her client was overwhelmed and upset.

“All he’s ever wanted is an apology and for someone to say they’ll change the policy, that this wouldn’t happen to someone else’s dog and it hasn’t ... police said they’d do it exactly the same again,” she said.

Ms Young said she specifically asked police on Wednesday whether the officer had been drug tested after the shooting and was told he had not been.

“The detective superintendent specifically told me that they had made a decision not to drug test this officer because they didn’t consider shooting a dog in a residential street was a critical incident, they didn’t feel that was critical enough to warrant drug testing,” she said.

It was only on Thursday that she found out that the officer had been tested the following day which came back negative.

Camera Icon Pat Wharram, the owner of Biggie the dog who was shot dead by a WA Police officer in Kinross. Credit: Supplied, Nine News

Peter, the father of Biggie’s owner Pat Wharram, said the two dogs — Biggie and his mother — got out of his son’s new house and went back to Kinross where they used to live and the park where they used to play.

He said Biggie’s loss had been devastating on his family and still believed the officer was in the wrong.

“I keep hearing a lot of people saying the dog was aggressive, could have been snarling and froth coming out of its mouth. Anybody who owns a dog or knows a dog, they don’t wag a tail or sit and growl and snort at the same time.

“The dogs fighting were mother and son while they were playing at the park,” he said.

“I think the officer made the wrong decision here. A big, major decision that may reflect on him for the rest of his life, I don’t know. A lot of people say it’s just a dog, but it’s more than a dog to us.”

Mr O’Callaghan said the police officer who shot Biggie was not drug-tested that night, but was subject to a random test the next day, which was negative.

He said police did not normally conduct drug tests on officers who destroy animals and would not start doing so now.

“The police officer is making a decision, rightly or wrongly, in a split second to do something. A number of independent witnesses who are not police have come forward and said the dog was aggressive,” he said.

“In hindsight it’s very easy to say it could have been done differently but you have to accept an officer was faced with a situation on the night and that has far-reaching consequences.

“I feel for Peter ... I’ve got a dog as well, I’d hate to have it happen to my dog. But the officer was doing what he was trained to do. We didn’t have veterinary experts there or dog experts or anybody else. We’re there on our own trying to solve a difficult situation.”

DOG ACT GIVES POWER TO SHOOT

The WA Dog Act gives police the power to destroy dogs that pose a threat. 9 news

Police closely examined the footage of the incident in slow motion, which revealed the dog was still standing when the officer pulled the trigger, the WA Police spokesman said.

“WA Police understands the community concern and as such all of the circumstances were examined in accordance with the usual practice for use of force incidents,” the spokesman said.

“Notwithstanding the review findings, WA Police is also conscious of the distress this incident caused the owner of the dog, however the safety of the community is always our first priority.”

Last month, Biggie’s owner Pat Wharram said he was disgusted by the officer’s actions and threatened to launch legal action against WA Police.

“He was gunned down for nothing. He sat for him. He was wagging his tail. I’m just cut up by this,” he told Nine News.

It was reported that Biggie and another of Mr Wharram’s dogs escaped from his Banskia Grove home that morning and walked roughly 10km to Kinross.

Police received reports the dogs had acted aggressively towards young families in a park. They were described as fighting each other and growling and baring their teeth — although no-one was attacked.

The other dog was caught by a ranger while Biggie approached the armed police officer.