WHEN constable Tyrone Stacey heard that a man in custody, Garrick Jacobson, was romantically involved with a woman known by police to be transgender, he assumed Jacobson was aware his girlfriend used to be male, a court heard yesterday.

"Oh, you mean the tranny?" Stacey asked after Jacobson said his girlfriend's name was Brigitte Fell.

But Jacobson was confused.

"What do you mean?" he asked.

This was the crucial moment on September 24, 2006, when Stacey realised he had made "a genuine and honest mistake" in divulging personal information about Ms Fell to her lover of three weeks, barrister Joe Klarica told Downing Centre Local Court.

To ensure they were talking about the same person, Stacey then accessed the police database, printed out a mug shot of Ms Fell and showed it to Jacobson "in the hope that it was a different person".

But Crown Prosecutor Sheridan Goodwin argued that Stacey and his colleague Brendan Ritson used the information to "humiliate and embarrass" Jacobson, who had been detained after stealing a case of beer.

She said Ritson taunted Jacobson, telling him: "You're r. . .ing a bloke . . . see it's a man." The court heard just hours after he was released on bail, Jacobson broke into Fell's home and assaulted her after yelling: "You didn't tell me you were actually a man . . . I'm going to smash you."

Magistrate Glen Bartley yesterday found there was enough evidence to prove the two police officers had breached privacy laws by telling Jacobson that Fell used to be a man.

He reserved judgment on whether they should be convicted.

Stacey and Ritson have pleaded not guilty to unlawful disclosure of information under the Privacy and Personal Information Protection Act.

In her closing submissions, Ms Goodwin yesterday urged Mr Bartley to convict the officers. "Any attempt to use information to humiliate and degrade someone could not fall within the scope of their duties," she said.

"There was no legitimate reason to tell Jacobson that Ms Fell was, or had once been, a male. The only reason was to degrade him."

But Mr Klarica said the two "hard working" officers were innocent because they had made an honest mistake in assuming Jacobson knew about Ms Fell's past.

Magistrate Bartley has reserved his decision until early next year.

This made me seeth!!!!

Firstly, disclosure of any infomation is irrelevant since he was arrested for stealing a crate of beer so what does it matter who he is dating, they have absolutely no right to disclose that. Clearly, they were doing this for their own sick pleasure.

And who is the victim in all this? The girl of course, since she now has a ruined relationship, plus the threat of physical violence looming over her, not to mention the emotional hurt caused by having this disclosed and brought into the pubic light.

If i was her, I would be seriously considering a lawsuit against the police force involved.

Nikki

i agree, this is not evidence that would reinforce any conviction, it is totally irrelevant. the officers involved could be seen to bring the court to disrepute by clouding and diluting the evidence. the police officers could be held contempt of court and the case of a create of stolen beer could be thrown out with no conviction because of their incompetence.

I just don't understand WHY we are ALWAYS being subjicated as FREAKS and candidates for certain Talk shows! Heck even Gay people have mre rights than we! Ellen S

I know, it is very unfair. I think we are at the point where gay people were 30 years ago. They had their day however, and I firmly believe we will have ours. It's up to all of us to just get out there in the real world and not just stay on the scene. That way people will realise we are just regular people, no different from themselves.

Nikki

comparing TG people with gay people, i agree and disagree on differing respects. i am generally out and about and in all establishments i have yet to receive unwelcome.

however, there are places that i would not venture. gay people wouldnt venture either and nor would any self respecting person either. the problems these places have are nothing to do with the gay or transgender comunities.

i find it strange that in such a country as USA with all that land of the free etc etc and civil liberties, that so many people are still fighting for basic human rights. police officers in europe wouldnt dream of doing what they did, and if they did they would have been given the sack.

That's pretty true Penny, Europe is far more liberal and accepting of others, not to mention some decent laws protecting individual's rights, whoever they are. There are still some bad ones in the police forces I'm sure, but at least they know they have to keep professional or lose their job.

Nikki

LOL.

i find it strange that in such a country as USA with all that land of the free etc etc and civil liberties, that so many people are still fighting for basic human rights. police officers in europe wouldnt dream of doing what they did, and if they did they would have been given the sack.

That story is not from the U.S. it is from either Austrailia or New South Wales. We do not have "constables" or a Downing Centre Court in the U.S.
Thanks for jumping on the "only in the U.S." bandwagon.
Hugs,
Marsha

i apologise marsha, i got the impression it was in USA. the story is astonishing it could happen anywhere in this day and age.

i supose, i have been affected by too many people complaining about the lack of civil rights in USA. im sure you hear the same about the level of service provided by the NHS.

I can not believe what I have just read, Its a disgrace and those Officers should be held to account.
It makes it even harder for Police Officers who do care to be trusted. Reading through the article I have to say they are telling lies, by saying "in the hope that it was a different person". well that says to me they were lying. also saying they showed the photo and had made a mistake by doing so. They did it out of pure malice,
Why because they would have access to data to prove it was the same person so they had no need to show the photo.
And the court in question is in Sydney, Australia


The future looks bright but we still have a long way to go

Well, Bernie, with police officers like you around, things will be better.

Well said Wendy. I hope they will all be as accepting one day. It is getting better though.

Nikki

Thank you wendy

Hi-
As many of you know I am ex-LE myself. While I have been exposed to many incidences of ignorance and prejudice by fellow officers involving gays, lesbians and transgendered peoples, most of the time it was in the confines of the squad room, and they had enough sense not to display their prejudices in public. Perhaps to my shame, while I didn't join in on the "banter", so to speak, I may not have defended as much as I should have.

Nonetheless, what the officers mentioned above did was far beyond the scope of any investigation of the actual crime involved, which was a rather petty matter of shoplifting and could only have been a misdemeanor. Obviously their intention was to humiliate and harass the person in question. Talk about bad judgment..now their jobs are on the line, as they should be, and once again other officers are tarred with the same brush. I can only hope that they receive the discipline that they deserve and if it should involve the loss of their positions, so be it.

For what it's worth to anyone, there are many, many law enforcement officers, in fact the vast majority, who are not prejudiced or ignorant and who do their jobs professionally and with courtesy and respect for all they have contact with. And, yes, there are many who are like us. In fact I belong to a worldwide group of transgendered officers. Things are getting better.

Hugs..Joni Marie