A FORMER Wagga police officer has failed to overturn his removal from the force after multiple allegations of misconduct and poor performance against him were sustained.
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On Wednesday, NSW Industrial Relations Commissioner John Murphy sustained nine of the 10 allegations against former constable James Todd that led to his removal.
The allegations came after complaints arose in 2016 in relation to Mr Todd's conduct between 2016 and 2017.
One incident involved Mr Todd choosing to smoke a cigarette instead of calling for an ambulance after a man collapsed at Wagga Police Station's custody area.
"I just didn't think it was that serious, so I went for a smoke," Mr Todd said when asked by a sergeant to explain his actions.
"I made a grave mistake of the situation ... I should have notified the shift supervisor and attended the custody room immediately," he said during one of the hearings between June 2018 and May 2019.
He has apologised for his actions, saying there were some personal difficulties in his life and that it was out of character.
During the hearings, Mr Todd and his wife gave evidence that their domestic circumstances at the time had "deteriorated badly".
Mr Todd, who entered the force in 2011 and was posted to Wagga in 2012, also said he believed the request for help in the custody area was not urgent.
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Other incidents involved Mr Todd failing to follow judicial processes, failing to investigate matters thoroughly and failing to report and record matters properly.
In January 2018, he was removed from the force and given reasons by the police commissioner, including that he had failed "over a substantial period to meet the expected standards of performance and competence of a constable of police".
He then applied to the industrial relations commission for a review.
Of the 10 allegations, Mr Todd admitted to seven of them and apologised. He did not accept that the ones he admitted to constituted misconduct.
In a number of incidents, he said his conduct was affected by domestic difficulties to some extent.
Further, he said he had been badly affected by his attendance at a 2015 crash scene where a woman was killed and a baby, believed to have been ejected from the car, was never found.
He said he had been assessed by his GP and psychologist as suffering from post-traumatic stress disorder and anxiety because of his suspension in 2014 for falsely recording information into a police database and factors relating to the complaints against him.
Medical reports about his diagnosis and treatment were provided to the police and industrial relations commissions.
Four psychological and psychiatric experts also gave evidence during the hearings.
However, in his findings, industrial relations commissioner John Murphy said the medical evidence fell short of establishing a causal connection between Mr Todd's mental state and the sustained allegations against him.
"There is disagreement among the medical experts ... as to whether or not [Mr Todd] was suffering from PTSD as a result of exposure to traumatic events," Mr Murphy said.
Mr Murphy said that while he considered the evidence about the significant impact that Mr Todd's removal from the force has had on him and his family, he determined that the removal was not "harsh, unreasonable or unjust".
"[Mr Todd] has regularly failed to meet the standards of conduct and performance that the respondent [police commissioner] rightfully expects of sworn members of the NSW Police Force," he said.
Mr Murphy dismissed the allegation that Mr Todd did not obtain details from a police informant when he recorded an incident.
In response to queries from The Daily Advertiser, a spokesperson said: "The NSW Police Force has no comment as to the IRC decision".