A Bendigo police officer is accused of recording false complaint withdrawals from victims and using fake documents to put an end to criminal investigations - including one into the false imprisonment and assault of a 14-year-old.
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Samuel James Miller, 36, appeared at Bendigo Magistrates' Court on Wednesday, where his matter was adjourned to next month.
Mr Miller was charged in March with four counts of intending to pervert the course of justice, two counts of making a false document, and two counts of using a false document:
- Between November 21, 2014 and March 29, 2015, at Bendigo in the state of Victoria, the accused Samuel Miller with intent to pervert the court of justice, did an act that had the tendency to pervert the course of justice in that he falsely recorded in Victoria Police databases that serious assault victim [redacted] had made a statement withdrawing his complaint to police and recommended no further police investigation be undertaken intending that his supervisors would accept this information as genuine, thereby allowing known suspects to avoid apprehension and prosecution.
- Between August 5, 2015 and December 7, 2015, at Bendigo in the state of Victoria, the accused Samuel Miller with intent to pervert the court of justice, did an act that had the tendency to pervert the course of justice in that he falsely recorded in Victoria Police databases that serious assault victim [redacted] had made a statement withdrawing his complaint to police and recommended no further police investigation be undertaken intending that his supervisors would accept this information as genuine, thereby allowing known suspects to avoid apprehension and prosecution.
- Between December 3, 2017 and March 26, 2018, at Bendigo in the state of Victoria, the accused Samuel Miller with intent to pervert the course of justice, did an act that had the tendency to pervert the court of justice in that he made a false document being a 'statement of no complaint' and falsely recorded in Victoria Police databases that the victim of false imprisonment and assault [name redacted] made said statement withdrawing his complaint to police and recommended no further police investigation be undertaken intending that his supervisors would accept this information as genuine, thereby allowing known suspects to avoid apprehension and prosecution.
- The accused at Bendigo on January 18, 2018 did make a false document with the intention that he use that document to induce another person namely [name redacted] or another supervisor to accept that document as being genuine and relying on that document did act to another's prejudice in that the investigation into the offence of false imprisonment and assault against 14-year-old victim [name redacted] was completed with no further investigation being conducted.
- The accused at Bendigo between January 18, 2018 and March 26, 2018 did use a false document with the intention that he use that document to induce another person namely [name redacted] or another supervisor to accept that document as being genuine and relying on that document did act to another's prejudice in that the investigation into the offence of false imprisonment and assault against 14-year-old victim [name redacted] was completed with no further investigation being conducted.
- Between December 3, 2017 and March 26, 2018, at Bendigo in the state of Victoria, the accused Samuel Miller with intent to pervert the course of justice, did an act that had the tendency to pervert the court of justice in that he made a false document being a 'statement of no complaint' and falsely recorded in Victoria Police databases that the victim of aggravated burglary and assaults [name redacted] made said statement withdrawing his complaint to police and recommended no further police investigation be undertaken intending that his supervisors would accept this information as genuine, thereby allowing known suspects to avoid apprehension and prosecution.
- The accused at Bendigo on March 1, 2018 did make a false document with the intention that he use that document to induce another person namely [name redacted] or another supervisor to accept that document as being genuine and relying on that document did act to another's prejudice in that the investigation into the offence of aggravated burglary and intentionally or recklessly cause injury against victim [name redacted] was completed with no further investigation being conducted.
- The accused at Bendigo between March 1, 2018 and March 26, 2018 did use a false document with the intention that he use that document to induce another person namely [name redacted] or another supervisor to accept that document as being genuine and relying on that document did act to another's prejudice in that the investigation into the offence of aggravated burglary and intentionally or recklessly cause injury against victim [name redacted] was completed with no further investigation being conducted.
Charge sheets allege that between November 21, 2014 and March 29, 2015, Mr Miller falsely recorded in Victoria Police databases that a serious assault victim had withdrawn his complaint to police, and recommended no further investigation be undertaken.
It is alleged he intended that his supervisors would accept this information as true, thereby allowing suspects to avoid apprehension and prosecution.
Mr Miller allegedly acted in the same way - with the intent of perverting the course of justice - between August 5, 2015 and December 7, 2015 in the matter of a victim of a serious assault.
He is also accused of not only entering false complaint withdrawals but making fake 'statements of no complaints' between December 3, 2017 and March 26, 2018 in relation to a victim of false imprisonment and assault, and a victim of aggravated burglary and assaults.
Again, it is alleged he recommended no further action be taken on these matters.
Last year, Mr Miller allegedly made and used a false document with the intent of inducing supervisors to "act to another's prejudice", which led an investigation into the false imprisonment and assault of a 14-year-old being completed with no further enquiries.
It is alleged he also made and used a false document in relation to the investigation of an aggravated burglary and injury caused to a victim, which was ended with no further investigation conducted.
Victoria Police's Professional Standards Command laid the charges against Mr Miller.
Magistrate Sarah Leighfield on Wednesday granted an adjournment, with discussions between the defence and prosecution to continue.
Victoria Police has confirmed a senior constable remains suspended with pay.
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