Flori calls for case to be dismissed

By Shae McDonald
A Gold Coast sergeant has been cheered on as he arrived at court to fight a misconduct charged.

Qld whistleblower cop faces court

A Gold Coast sergeant has been cheered on as he arrived at court to fight a misconduct charged.

Gold Coast sergeant Rick Flori has admitted leaking CCTV footage of a violent bashing to shed light on police brutality but has called for his case to be thrown out of court.

The suspended Flori must wait until next Friday to learn if his bid to dismiss a charge of misconduct in public office has been successful, or if he will be committed to stand trial.

Southport Magistrate Michael Hogan reserved his decision for one week following a half-day committal hearing on Friday.

Flori's barrister, Stephen Keim, said his client had no case to answer even though he admitted sending a video to the media in February 2012 which showed the bashing of a handcuffed Noa Begic, 22, in the basement of the Surfers Paradise police station.

The Queensland Director of Public Prosecutions has alleged Flori obtained and distributed the footage because he had the dishonest intention to cause a detriment to one of the officers involved.

But Mr Keim said it was the wrong charge to bring against his client because he had not behaved dishonestly or with the intention to cause detriment to then senior sergeant David Joachim.

Mr Keim said Flori released the video because he wanted to shed light on the issue of police brutality.

"If Snr Sgt Joachim has done something wrong then he has suffered no detriment at the hands of my client," he said.

"It's the wrongdoing of him in those circumstances which has caused his own detriment."

The court heard Snr Sgt Joachim was not directly involved in the alleged assault, but oversaw it and cleaned up the blood on the concrete.

Flori was originally charged with misconduct over allegations he distributed the confidential material to gain a benefit for himself or another but that was changed by the DPP on Friday morning.

Todd Fuller QC, representing the DPP, alleged the sergeant held a significant grudge against Mr Joachim, who had been selected over Flori for a promotion.

Mr Fuller said Flori originally denied any knowledge of the CCTV when questioned, but later claimed he took a copy from a secure room at the police station to use it for training purposes.

The court heard he used an alias to send the video to the media and requested a guarantee it would not be published until the following week when he was overseas.

Mr Fuller said Flori claimed in his emails to the journalist the officers in the footage had engaged in a cowardly act.

He also alleged police got away with other similar incidents because they lied for each other.

Mr Fuller submitted the evidence in the emails would be sufficient for a jury to believe Flori intended to cause detriment to his fellow officer.