Sacked officer who caused fatal crash loses job appeal
AN ex-police officer has lost an appeal against his dismissal after he was found to have caused a fatal crash.
Constable Fabio Mazza was fired in October last year, after a 2014 crash.
The Roma police officer performed a U-turn when Steven Smith and his wife Gail were riding a motorbike behind him.
When the constable slowed, veered left, then pulled right, the Smiths crashed.
Mrs Smith died. She was 59. Her husband was seriously injured.
In 2016, Mazza was given a suspended two-year jail sentence at Roma District Court.
Jurors found him guilty of dangerous driving causing Mrs Smith's death and grievous bodily harm to Mr Smith.
After he was fired, Mazza appealed, asking for the dismissal to be suspended.
His barrister Jeffrey Hunter told Queensland Civil and Administrative Tribunal that police, when deciding to sack him, put unreasonable weight on the conviction and sentence.
In a new judgment, QCAT member Michael Howe said the district court previously found no suggestion Mazza was a careless or reckless person or police officer.
Gail Smith's family had no bitterness towards Mazza, and understood her death "was the product of a moment which produced terrible consequences," Mr Howe added.
The tribunal found there was also good evidence of Mazza's regret and remorse.
But in a newly-published judgment, the tribunal dismissed Mazza's review.
"It is an unpleasant duty in this matter given I find the good character of Mr Mazza has been established other than for the misconduct in issue," Mr Howe added.
But he said a suspension would not help maintaining "appropriate standards" of police discipline or public confidence in the police.