Top policeman pays for test refusal

A top police officer has been stood down after refusing to take a drink-driving breath test.

Superintendent Graham Thomas has been removed as the head of the national prosecutions service in Wellington following an internal police investigation into an incident in December.

The Weekend Herald revealed in February that Mr Thomas had been on leave since he declined to take a breath-alcohol test after driving home from a police bar.

Police Commissioner Howard Broad said yesterday that he had decided it was in the best interests of police that Mr Thomas step aside from his role as national manager of prosecutions.

"Superintendent Thomas agrees and accepts that this is appropriate," said Mr Broad.

Mr Broad said Mr Thomas had expressed his regret and had acknowledged the effect his behaviour had on the commissioner, the organisation and his colleagues within the police.

Mr Thomas retained the rank of Superintendent, but would now work in the area of criminal justice improvement.

A police spokesman confirmed Mr Thomas declined the breath test "as he was entitled to do", but refused to answer further questions, citing employer confidentiality.

But the Herald understands Mr Thomas drove home after spending time at the police bar in Wellington. He was followed home by a volunteer community patrol team, which alerted police to a suspected drink-driver.

A sergeant knocked on Mr Thomas' front door and asked him to take the breath test. It is understood Mr Thomas told the officer he had been drinking at home. After refusing to take the breath test, Mr Thomas was spoken to by officials at police national headquarters. The internal inquiry cleared Mr Thomas of any criminal behaviour. But the Independent Police Conduct Authority is investigating.

Mr Thomas has been on annual and sick leave since mid-December - on a six-figure salary - and "employment matters" had also been completed. "The employee is undertaking a period of medical rehabilitation for a minimum period of six months in an alternative position to his normal role," the police spokesman said.

It is not an offence to refuse an initial breath-screening test. But a police officer can then require someone to take an evidential breath test. Refusing to take the second breath test is an offence.

The Herald asked police under the Official Information Act for written correspondence to Police Minister Judith Collins, Mr Broad and to Mr Thomas about the incident. Ms Collins' office confirmed the minister was briefed at the time. Ms Collins later told Parliament the incident was "not a good look" for police.

In his written response to the OIA request, police national human resources manager Wayne Annan said specific information about the incident requested by the Herald would not be provided because it "does not exist".