Cops hindered race investigation

[Kiwi]

From The Sunday Age:

Police ‘hindered’ race probe
Liz Porter
December 23, 2007

AN OFF-DUTY policeman deliberately hindered the investigation of an attack on a Jewish man in Balaclava last year, a statement by a fellow officer implies.

The statement, by a St Kilda policewoman, was yesterday described as “the smoking gun” by Menachem Vorchheimer, the man abused and punched in the face by drunken Ocean Grove footballers travelling home in a minibus from a day at the Caulfield races in October last year.

The statement was obtained from the Office of Public Prosecutions after freedom of information requests over several months were denied by police.

In another development, two versions of a statement by a witness who came to Mr Vorchheimer’s aid have been viewed by The Sunday Age — showing that the original was edited to remove material suggesting the off-duty policeman tried to take offenders from the scene before police arrived.

Leon Yuhanov, the passer-by who blocked the minibus with his car when he saw Mr Vorchheimer being attacked, said that the bus driver, off-duty policeman Terrence Moore, told him: “Don’t be a fool; don’t call the cops, you idiot.”

But these words were removed from the original statement made by Mr Yuhanov.

Mr Yuhanov was unaware his statement had been altered until he was shown both versions by The Sunday Age last Thursday.

The deletions clearly cast Senior Constable Moore in a better light.

The police statement naming Senior Constable Moore was written by Constable Karli Hawkins shortly after the assault on October 14 last year.

Constable Hawkins was one of several police called to the scene in Carlisle Street after Mr Vorchheimer clashed with the footballers, who yelled anti-Jewish abuse as they passed in the minibus. Her statement says that Senior Constable Moore, on hearing Mr Vorchheimer say that a man wearing a pink tie had punched him, had immediately reboarded the bus and spoken to his passengers, mostly Ocean Grove footballers.

The passengers had immediately removed their ties, she stated. This meant Mr Vorchheimer could not identify with certainty who had hit him.

Mr Vorchheimer, dressed that day in traditional clothes for the Jewish Sabbath and pushing two of his young children in a pram, had been punched in the eye and had his hat and skullcap snatched while remonstrating with the footballers over the racial abuse. Several witnesses said they had seen and heard the footballers abusing Orthodox Jews in the street.

Mr Vorchheimer’s brother, David, last week obtained Constable Hawkins’ statement from the Office of Public Prosecutions after being denied it by police despite many FOI requests.

Mr Yuhanov, 25, an Elwood IT consultant, was at traffic lights at the corner of Hotham and Carlisle streets when he saw the footballers shouting anti-Jewish abuse at a group of Orthodox Jewish boys crossing the road.

He saw Menachem Vorchheimer remonstrate with the bus driver and passengers and saw one of the men snatch his Sabbath hat and skullcap.

Mr Yuhanov pulled his car in front of the bus to prevent it leaving the scene before police arrived. He also asked the driver to get the passengers to return the hat.

Mr Vorchheimer, who had a bloodied left eye, asked him to call police.

Mr Yuhanov states he was then abused by the bus driver, who made remarks such as: “Don’t be a fool; don’t call the cops, you idiot.”

In the meantime, he said, the driver attempted to drive the bus onto the kerb to escape.

Mr Yuhanov later wrote his account of the incident for the police officer in charge of the investigation.

He quoted the driver’s remarks about not calling the police and his attempt to drive onto the kerb. He emailed this statement to the station, and the investigating officer emailed back a “tidied” version on a police form. At that stage, the “Don’t call the cops” remarks were still in it.

In December, Mr Yuhanov was asked to sign a copy of his statement at St Kilda Police Station. At the time he did not realise that the statement had been shortened by several paragraphs. Among the deletions were details of the driver’s behaviour — including the “Don’t call the cops” comments and the driver’s attempts to drive onto the kerb to leave the scene.

“I should have looked at the statement more closely,” Mr Yuhanov told The Sunday Age. “I am not happy about it. But I never thought to doubt the police.”

Mr Vorchheimer and his family are now living in New York.

No one was convicted over the punch that bloodied his eye. In April, one man was convicted of using insulting words and last month two men were fined for offensive behaviour and using insulting words.

The court was told that an unidentified attacker had “smacked” Mr Vorchheimer in the face with a fist.

Speaking from New York on Friday, Mr Vorchheimer said Mr Moore had prevented him from identifying his attacker.

“The tie was the central piece of evidence. In my mind, when I was grabbed and punched, this is what I mentally focused on to remember the perpetrator. Had the ties been on the boys, the positive ID would have been made,” he said.

Senior Constable Moore said he could not comment.

A Victoria Police spokesman said the ethical standards department had investigated Senior Constable Moore’s behaviour and he faced internal disciplinary charges for taking an unauthorised second job.