A police officer accused of failing to act when a junior colleague allegedly did not to charge a woman so he could make an advance on her has had charges against him dismissed and been awarded $13,000 in legal costs.
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Senior Constable Robert Anthony Simpson, 40, and his junior colleague, Constable Christopher Dove, came under the scrutiny of the force's professional standards command over the alleged incident at Fairy Meadow police station in Wollongong on November 5 last year.
According to documents before the court, Constable Dove could have laid charges against the woman but he declined to do so "without reason or justification" and then allegedly tried to kiss the woman.
Prosecutors had alleged that Senior Constable Simpson was aware that this took place but did nothing to stop it, charging him with neglect of duty.
However Magistrate Christopher O'Brien summarily dismissed the charge against Senior Constable Simpson on October 19.
Magistrate O'Brien also upheld an application from the officer's barrister, Brent Haverfield, that the prosecution case against his client was "doomed to fail".
He ordered prosecutors to pay Senior Constable Simpson $13,000 in legal costs.
Constable Dove remains charged with neglect of duty and misconduct in public office and is due to be tried on these offences on May 18 next year.
