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NSW cop to face trial for misconduct

AAP logoAAP 2/11/2016 Margaret Scheikowski

A Sydney police sergeant has been ordered to stand trial over a false mechanical report aimed at helping his son avoid being charged over a car crash.

Referring to the strong "inferential" evidence against Sergeant Jason Clarke, Magistrate Janet Wahlquist ordered the 47-year-old to be arraigned in the District Court on November 18.

He is charged with misconduct in public office in August 2014, with the prosecution contending he had a "collusive agreement" with Constable Nathan Frank to produce the false report.

Giving evidence in the Downing Centre Local Court on Wednesday, Const Frank said he had previously worked as a mechanic and Clarke asked him to write the report.

"He said: 'my son had a car accident when it pulled suddenly to the left and hit a parked car, but it wasn't his fault," he said.

Const Frank said he asked Clarke if he was sure his son was not lying so as not to get into trouble with him.

"He said 'no, it is definitely a mechanical fault, I went there just after it happened'," he said.

The constable suggested reasons why a car would pull to the left and Clarke asked if he could write a report, said Const Frank.

The constable, who prepared a report without inspecting the car, agreed he was not asked to provide a "false" report.

"He didn't tell you not to inspect it?" asked defence lawyer, Les Nicholls.

"No, but he didn't tell me to inspect it either," he replied, adding it was implied that he was not to inspect it.

"He didn't give me the address, or a time - it was never going to happen."

Mr Nicholls submitted there was no evidence it was a "nudge, nudge, wink, wink, nod, nod situation", saying Const Frank may have had a misconception of what was being asked.

Const Frank said he had previously pleaded guilty to a charge relating to the incident.

He was placed on a good behaviour bond, no conviction was recorded and he undertook to help the prosecution.

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