In the wake of increasing publicity regarding the charges against Sergeant Rick Flori, Terry O’Gorman, Director at Robertson O’Gorman Solicitors and Vice-president of the Queensland Council for Civil Liberties, has written to both the Commissioner of Police and the Crime and Corruption Commission (CCC).

Sergeant Rick Flori is facing criminal charges of misconduct after allegedly leaking a video of Gold Coast Police bashing a person in their custody.  According to the information currently available it seems no investigation has been commenced in relation to the officers involved in the initial bashing incident.

Mr O’Gorman has implored Mr Ian Stewart, Queensland Police Commissioner, to seek advice from an independent QC as to whether prosecution of Sergeant Flori should continue.

Mr O’Gorman has also raised concerns with Ms Ann Gummow, Acting Chairperson of the CCC, regarding the lack of publically available information. Issues include confidential settlements of civil actions and the fact this ‘police investigating police’ situation has led to no charges against those featured in the leaked video.

Extracts of both letters can be found below;


13 August 2015

Ms Ann Gummow

Acting Chairperson

Crime and Corruption Commission

Dear Ms Gummow


We write to make a public interest complaint in relation to the abovenamed.

On information currently available, Sergeant Flori has been charged with a criminal offence for allegedly leaking a video of Gold Coast Police bashing a person in Police custody.

The publicly available information does not indicate whether the CCC has had any input into the investigation of the Police bashing whether by way of actual participation in the investigation or by way of an overview of the concluded investigation.

There is growing public concern about the state of the Queensland Police complaints process as exemplified in this case where Police are caught on video in a Police Station carpark where they know a video is operating and where serious and gratuitous violence is inflicted on a person in Police custody and particularly inside a vehicle where that person is unable to defend himself.

Publicly available records would indicate that the individual concerned has sued the QPS and a confidential settlement has been reached.

This reflects an unfortunate growing trend in relation to the Police complaints process in Queensland where Police assaults and other misconduct growingly result in civil actions which are confidentially settled.  The outcome is that the Queensland public is denied information as to the nature and quantum of the settlements.

I enclose for your information a submission sent to the Police Commissioner Mr Ian Stewart today arguing that an independent QC should review the decision to prosecute Sergeant Flori.

This Council respectfully submits to you by way of a public interest complaint that the CCC should exercise its statutory jurisdiction and completely review and publish your report as to the following:

  • Was any Police investigation actually underway at the time that Sergeant Flori allegedly leaked the video to the media;
  • Why did the ‘Police investigating Police’ scenario in this matter result in none of the Police who are filmed assaulting the individual concerned being criminally charged; and
  • What were the terms of the confidential civil action and particularly, what was the dollar value of the payment made to the victim in this matter at the time of the settlement of his civil suit.

It would be appreciated if you could respond as soon as possible to this Submission particularly the core aspect of the Council’s contention that the entirety of the Police investigation of this matter should be reviewed particularly as to its publicly perceived inadequacies and that a public report should issue in that regard.

Yours faithfully





13 August 2015

Mr Ian Stewart

Commissioner of Police

Queensland Police Service

Dear Commissioner


I refer to recent publicity in relation to the abovenamed.

This Council notes that Sergeant Flori has been charged with an offence under the Criminal Code arising from an allegation that he leaked a video of Gold Coast Police bashing a person in Police custody.

On the information currently publicly available, the Prosecution of Sergeant Flori seen publicly is at best misconceived and, arguably, a miscarriage of justice.

On the facts currently in the public arena, Sergeant Flori was charged after a ‘Police investigating Police’ scenario against a background where it was at the time asserted that no investigation had been instituted by the Police Service in respect of the Police bashing until the media published the relevant video.

You have recently been quoted as indicating that you intend to get the advice of an independent QC before a decision is made whether to prosecute the parliamentarian, Billy Gordon.

In the Flori scenario of Police investigating Police it is even more pressing and appropriate that the advice of an independent QC be obtained as to whether the Prosecution against Sergeant Flori should be continued.

Information publicly available would indicate that the DPP was not consulted by the QPS prior to the charge against Sergeant Flori being instituted.  The public is, therefore, witnessing a scenario on the currently available information that Sergeant Flori has been charged against a background where Police Officers depicted in the video wantonly and viciously bashing a person arrested for a public nuisance offence have not been charged but where an apparent whistleblower has.

It is respectfully submitted to you that the independent QC whom we argue should review the matter in the light of the criteria in the published Queensland Prosecution Policy should be a QC who is not regularly briefed by the QPS and, desirably, a QC who has not been briefed at all by the QPS.

This Council awaits your advices in respect of this submission.

Yours faithfully