Alexander Cox to fight proposed sacking after acquittal and $77,000 costs order

Police Commissioner Karen Webb has recommended Constable Alexander Cox to be dismissed from the Force despite being found not guilty of showing a sex video to ­colleagues.

Constable Cox was informed on Thursday that an advisory panel to Ms Webb had decided to push for his sacking.

It came three days after Magistrate Holly Kemp ordered the State to pay Cox’s legal costs of almost $77,000 in the case, which she told Sutherland Local Court was a “catastrophic failure” and “should not have commenced”..

Ms Kemp told the court the police and the Office of the Director of Public Prosecutions “failed to reasonably investigate” the case before bringing it to court.

The intended move to sack Cox is being made under laws that allow officers to be removed if they have lost the Commissioner’s “confidence”.

He will be sent a show cause notice and will have 21 days to respond.

Cox, who was suspended after being charged in July 2023, is now preparing to sue the police for wrongful dismissal if he is terminated.

Paul McGirr said: “Both the police and the prosecuting lawyers commenced these proceedings in bad faith.”

Cox was charged in July 2023 with three revenge porn offences that prosecutors alleged stemmed from a sexual relationship with a woman who can’t legally be identified.

Prosecutors alleged that Cox showed a sex video featuring himself and the woman to three male colleagues in an out of work setting.

However, the case fell apart after Magistrate Kemp ruled that it was impossible for the female officer to have been the person in the sex video.

Instead, Ms Kemp told the court it was more likely that Cox had shown the officers a porn clip “from the internet”.

None of the officers who allegedly viewed the video gave evidence in court the woman depicted in the video had very obvious identifying features.

Ms Kemp told the court that the woman’s obvious features were “unmissable” and would instantly have determined whether she was the person in the video.

“In fact, the evidence is thoroughly indicative that it was not (the woman) and could not have been her,” Magistrate Kemp told the court.

The court was told the woman never made a complaint. Instead, Cox was charged after another officer heard about the existence of a video and made a complaint.

Her Honour found that there were “gaping holes within the police investigation and gaping holes within the prosecution case.”

“I note as well across both investigations that (this was) a poor substandard police investigation,” she said.

“The prosecution have not gotten anywhere near proof beyond reasonable doubt.”

Police Commissioner Karen Webb pushes to sack Mick Fuller’s nephew after failed sex tape case | The Daily Telegraph


Brett Henson ‘petrified’ he was going to die before stealing taxi

Brett Henson had a dispute with a taxi driver, Sayeed Ali Khan, over a broken door handle shortly before 9pm on November 4, 2022, telling a court stealing the taxi was the “only option” to save his life.

Police allege he stole the silver taxi from Hunter St in the CBD while intoxicated after threatening Mr Khan.

The 44-year-old told Sydney’s Downing Centre Local Court on Monday he was “petrified” after the argument.

Mr Henson had attempted to get into the cab but told the court that he was flung backwards to the ground when the door handle broke. He denied he fell due to alcohol intoxication.

He told the court that he told Mr Khan, who isn’t accused of any wrongdoing, he would “add it to the bill” when he got home, but the driver asked him to get the money out of an ATM.

The former Mirvac executive said Mr Khan was “extremely aggressive” and had been trying to “extort” money before a group of five men set upon him. Mr Henson told the court the group involved Mr Khan.

“They were taking the side of the taxi driver trying to get money out of me, trying to get my phone or wallet. I said to leave me alone,” Mr Henson said.

“When they were chasing me I said ‘just call the police’ and they responded with ‘we are the police’.”

Mr Henson is fighting a range of driving offences at a hearing in the local court, including stealing a motor vehicle and dangerous driving.

The former prominent real estate figure was arrested in late 2022 after photos of the incident were circulated by NSW Police. He is now unemployed.

He told the court that the men, who were all “much bigger” than him, told Mr Henson they were the “Muslim brotherhood”.

The court was told the men were saying “let’s f**king get him”.

“I needed to get away from there, there was no other way I can escape … I can’t call the police … there’s no other option,” Mr Henson told the court.

Mr Henson managed to get away from the group and jumped into the taxi.

He told the court that he was terrified of the group so he drove through multiple red lights before he finally stopped at an intersection in the eastern suburbs.

When asked by his lawyer Paul McGirr what was going through his head, Mr Henson said: “These guys are going to kill me.

“I would be a victim of a king hit and my family would be up here instead of me being here today explaining.”

Mr McGirr described it as a “unique case” but urged the magistrate to assess his client as someone who has never had any findings of criminality.

He said his client had “genuine concerns” he could have died in a “one-punch” attack.

“Who would not be petrified when they’re outnumbered and saying the things they said?” Mr McGirr said.

Magistrate Gregory Moore has reserved his decision for a later date.

NSW Waratah player Robbie Abel avoids a conviction for charge of driving without a licence

Paul McGirr successfully defended NSW Waratah rugby player Robbie Abel in relation to driving matters before Sutherland Local Court. Magistrate Kemp accepted Mr McGirr’s submissions and did not proceed to record a conviction.

Robbie Abel: NSW Waratah hooker in court on driving charge | Daily Telegraph | Eliza Barr

An international representative rugby player was described as a role model and “a good bloke” when he faced a Sydney court after he was busted driving without a licence.

Super Rugby star Robbie Abel, 31, was hauled before Sutherland Local Court charged with driving as someone who was never licensed in NSW after his ACT license was suspended for unpaid fines.

Police facts tendered to the court state the NSW Waratahs’ hooker was pulled over on Thurlow Rd in Riverwood on May 25 this year because his vehicle was unregistered.

“Checks on the accused’s licence revealed that it was endorsed as suspended but police were unable to determine the reason for suspension due to the limitations of the online system,” police facts state.

“The accused was spoken to about his licence but was unaware of the suspended status of his licence.”

When police subsequently applied for his interstate traffic record they determined his licence had been suspended since July 2019 due to unpaid fines.

A traffic history tendered to the court reveals Abel received two infringement notices in NSW earlier this year – a $344 fine and five demerit points for using his mobile phone while driving, and a $121 fine and one demerit for speeding less than 10km/h over the limit.

At court Abel pleaded guilty at the first opportunity and Magistrate Holly Kemp found the offence proven but dismissed it without conviction.

“This is a firm and friendly reminder that at all times you must be aware of your licence status,” Ms Kemp told Abel.

His solicitor Paul McGirr – who frequently represents elite sportsmen in court – told Ms Kemp his client was living in the rugby union COVID-19 bubble after the Waratahs missed out on a place in the finals.

“Young people tend to look up to sports stars,” Mr McGirr said.

“He’s a good bloke.”

Abel joined the Waratahs last November after playing for Auckland in the Mitre 10 Cup.

He grew up in Orange in the state’s Central West before launching his rugby career as an Australian Schoolboy for St Edmunds College in Canberra and later played for the Maori All Blacks in 2018.

He previously played for the Brumbies and the Rebels in the Super Rugby competition and has returned to NSW with the possibility of joining Gordon in the Shute Shield.

Aged care worker acquitted of outrageous assault charge

Paul McGirr has delivered justice to nursing assistant Chancal Arokianathan after the NSW Police outrageously charged our client with assault of one of her patients. Magistrate Barko found that if our client hadn't done what she did, the patient could have suffered more serious injury as our client had called for assistance but no one came.