Police Commissioner Mike Bush admits drink driving conviction

Friday, 24 February 2017

Police Commissioner Mike Bush has admitted a historical drink driving conviction.

Under existing recruitment policies, the conviction would prevent Bush from ever even applying to join police, but he is protected by how long ago it happened.

'The incident happened 34 years ago while I was an off-duty detective constable in Auckland in 1983,' Bush said in a statement.

'I was 23 years old at the time and had been in Police for five years. I pleaded guilty and was convicted. I received a $250 fine and was disqualified from driving for six months.'

Bush released a public statement on Friday morning after months of questioning by the Stuff Circuit investigation team.

In a letter to Stuff Circuit, Bush said police could not supply detail on the prosecution because it was covered by the Clean Slate Act.

'However, I am prepared to waive my right under the Act in the interests of transparency,' he said.

'It was extremely poor judgement by me 34 years ago, for which I am sorry. I make no excuses. It is something I deeply regret and have reflected on ever since.'

Police have separately revealed that Bush's conviction is one of four cases where senior police have been prosecuted.

Police Minister and Deputy Prime Minister Paula Bennett said Bush told her about the conviction earlier this week.

'He had previously gone through the proper process, which was to disclose this to The State Services Commission and the former Minister of Police when he became Deputy Commissioner.

The incident was 34 years ago. He continues to have my full support,' she said.

Bush said his conviction was publicly notified at the time in an Auckland newspaper but he did not lose his job.

'It wasn't until 1991 – eight years after it happened – that the then Commissioner of Police made it clear that subsequent drink-drive convictions for a police officer could place their career in jeopardy,' Bush said.

Police 'played a big part' in changing the attitude to drink-driving over the last three decades, he said.

'Many of my colleagues and friends are aware of it, and it was disclosed to the State Services Commission as part of the process for appointing me Deputy Commissioner and Commissioner. I have always been prepared to talk about it if asked.

'Alcohol plays a significant role in death and injury on our roads, and I am personally committed to doing all I can to prevent the harm it causes.'

Asked about the policy of retaining sworn staff who have been prosecuted, a police spokesman said it had evolved over the years, particularly after 1991 when the then Commissioner of Police said any officers convicted of drink driving placed their careers in jeopardy.

'The current policy is that any decision around retaining staff convicted of offences is made on a case-by-case basis, depending on the seriousness and context of the offending.'

The NZ Police website says it will not accept recruitment applications from those who have convictions relating to dishonesty, drugs, sexual offences, violence and all 'drink-drive' offences under the Transport Act.

There is no set rule for whether a police officer will lose their job if they acquire a drink-drive conviction while in the force.

In October 2014, then-Police Minister Michael Woodhouse admitted to a 27-year-old drink driving conviction, which he got when he was 21.

HOW THE CONVICTION WAS REVEALED BY STUFF CIRCUIT

Stuff Circuit was told last year that a senior police officer had a conviction for drink driving. So we asked Police Headquarters how many senior police officers have ever been in trouble with the law.

We were told there had been four cases where senior police had been prosecuted, and 20 cases where senior police were guilty of misconduct.

One case involved a superintendent who was prosecuted for excess blood alcohol in June 2000. He was no longer employed by police.

Bush's conviction was not disclosed at this point.

Stuff Circuit sought clarification, asking if the prosecutions disclosed included those by the Ministry of Transport's (MOT) traffic safety service which had the power to enforce drink-driving laws before being merged with police in 1992.

Superintendent Anna Jackson, National Manager of Police Professional Conduct, confirmed that the list did not include MOT prosecutions.

When asked for the list to include MOT prosecutions, police changed their position and refused to disclose anything.

Jackson told Stuff Circuit last year that police had a stringent recruiting process 'that would exempt most people from joining the Police if they had prior convictions'.

Bush's conviction was not disclosed then either.

When pressed again, Jackson cited the Clean Slate Act.

Challenged about why the Clean Slate Act, which enables certain convictions older than seven years old to be hidden, was preventing her from saying if anyone had an MOT conviction when it had not prevented her from disclosing the 2000 conviction of the former superintendent, Jackson said it was a mistake.

'In hindsight the Act should have applied as it applies to both Police and MOT convictions,' Jackson said.

It was only when Stuff Circuit asked last week, for the record and in fairness to the Commissioner and Deputy Commissioners, if any of them had any convictions that Bush responded with his statement.

'A LONG, LONG TIME AGO'

Labour police spokesman Stuart Nash said Bush's career should not be defined by a mistake he made 34 years ago.

Nash said he would not call for Bush's resignation, or expect any further repercussions in relation to the historical conviction.

'To be fair, this was a long, long time ago.

'I'm actually a firm believer that if you make a mistake you can't have that hound you for the rest of your life.'

Labour, police and New Zealand society took drink driving seriously, he said.

'More and more it's seen as a pretty big black mark.'

But Bush has had 'an exemplary career' and this mistake should not limit his future opportunities or chances of promotion.

Nash said he was pleased Bush hadn't 'brushed this off'.

'He has acknowledged the seriousness of it and he hasn't offered any excuses but let's judge him now for his role as the top cop, rather than something that happened 34 years ago.'

Drink driving was also seen in a different light in the 80s, Nash said.

'I'm not making excuses for the man but times have changed.'