A former sergeant based at Sunshine police station, who was sacked for producing racist stubby-holders, will continue his career.
Now a senior constable, Calum McCann was first sacked then reinstated on appeal to the police board. The chief commissioner requested a judicial review of the reinstatement but last month the Supreme Court upheld the decision.
McCann was found guilty of disgraceful conduct between March 6 and July 7, 2012, for his involvement in the design, production and sale of stubby-holders while president of the Sunshine police station social club.
McCann was dismissed from the force for influencing junior members, giving alternative explanations for the holder design to his superiors, and for failing to dispose of the items and admit the references were racist.
He then appealed his dismissal to the Police Registration and Services Board, which set aside his original dismissal last November and demoted McCann to senior constable rank, finding the decision to sack him was “harsh”.
This finding was appealed by the police chief commissioner on the grounds that the police review board had failed to take into account the importance of “maintaining the integrity of, and community confidence in, the police force”.
However, Supreme Court Judge Terry Forrest said the board had not failed to take public interest into account in its review.
“The purpose of this sanction is transparent. It is, jointly, to educate Mr McCann in a manner that dissuades him from engaging in that kind of disgraceful conduct again, and to demonstrate to the community that action is being taken to improve awareness of racism within Victoria Police,” the judge said.
