On October 26, 2020, Senior Constable Alex Cooney sent an open letter to NSW Police Commissioner raising concerns about how the police force were being used during the State of Emergency powers and questioning the proportionality of the response to the threat of COVID-19. In it he challenged the current mainstream narrative, using well-researched references and called for an investigation.
Alex called out to other members of the police to show their solidarity and join him in his quest and the support was overwhelming, with hundreds of thousands visiting the site, downloading and circulating his letter and tens of thousands signing his form to show their support; including hundreds of police and members of our military.
In response, the NSW Police placed Alex on leave and a gag order, subject to the outcome of an investigation. However, the investigation was of Alex, not the critical issues he sought to be investigated. Alex is one of the few officers who served more than 10 years without a single complaint, so it goes without saying that their investigation into Alex was fruitless.
Now almost a year later, after serving as an officer for more than 12 years, Alex has resigned from the police force that he loved, due to legal, moral and ethical concerns about how the police are being directed and utilised during the covid-19 pandemic. This has allowed Alex to speak publicly for the first time.
ALEX COONEY SPEAKS
“It is important for me to state up front, that I have loved my occupation as a long-standing member of the police. My colleagues in the force are like family to me and I honour them and the institution that has been an integral part of my life.
But as a partner, father, and compassionate member of our community, I cannot turn a blind eye to the reprehensible behaviour of the government and its unbalanced, inconsistent, top-down and out-of-touch response to covid-19, and especially the way they have exploited our police force to impose their oppressive and haphazard orders upon the men, women and children of this country.
When I voiced my concerns eleven months ago, my desire was to start an important conversation about many critical issues, that were based in reality, backed by true science, questions of law, morality and ethics. It was bitterly disappointing and perhaps deeply revealing, that all points raised were ignored, apart from mandating the vaccines within the force. At the time, the position of the police force was that vaccination would not be made mandatory. Sadly, we can see today that this promise, like the public trust, has been broken.
Many comrades in the force are also concerned. An overwhelming number of you have reached out to me. I cannot get to all of you individually, so I am making this statement.
The NSW Police Commissioner has been provided with all the facts and is aware of the questions around unlawful use of the police in enforcing restrictions. He has so far chosen not to respond to this information.
Today, we have supermarkets with empty shelves, because of supply-chain issues caused by forced isolation of the healthy, sick people being denied treatment, imprisoned aged care residents, people unable to attend family funerals, massive job losses and business closures, causing financial hardship including loss of homes, a critical mental health pandemic with a significant spike in suicides and attempted suicides, forcing and coercing people to have an invasive medical procedure, which is morally unethical and unlawful, and now political prisoners jailed because they vocally oppose the government agenda; all for a disease that has a prevalence of 0.22% in Australia.
The socio-economic problems caused by a unilateral response that is significantly biased towards vaccinations, which don’t stop transmission and have an unknown safety profile, as the only way forward, far outweighs the damage caused by an alleged virus that has mild effects in most of the population, and has a >98% recovery rate”.
STEPS YOU CAN TAKE
“Everybody knows that society would not function properly without you. If you, like me, have doubts or are concerned about the role you are being asked to play, you are not alone. I acknowledge your stress and confusion and offer this advice.
To raise concerns about equitable issues I recommend you to take the following actions:-
- If you are concerned with and questioning what is happening around COVID-19 in this country, download both letters from the website and research it,
- Show your support by filling out the form on this site,
- Download the covid-19 vaccine declination form, and the stellar 112 page covid-19 vaccine information paper prepared by our researcher Simon Forrest, and provide to your chain of command,
- Ask the questions listed below to unions or associations, seeking assistance on how you should report these matters. Ask them to take carriage for it if worried. One Constable asking clarification of legislation, could alter that entire station’s response to Covid.
- Be congruent, stand your ground, never step down under pressure of forced vaccination. If they fire you, you have a claim to fight it.
- Those concerned about being forced to take the vaccine, can register here“.
Questions to ask your Police Association, your Police Union and/or your Manager:
The main issues revolve around the legalities and reasonableness of the directions. Specifically, that the orders are going beyond the government mandates and/or are not authorised by the government mandates.
Currently, NSW and QLD Police Commissioners have mandated their officers to take the COVID-19 vaccinations. The other states and territories, have been threatened, that they too may be subject to similar employer mandates.
There are a number of questions to ask:
Vaccination
- The public health and emergency legislation in each State and Territory and the Biosecurity Act 2015 that applies on the Federal level provide for the management of medical interventions. There is no legislative power for Employers to impose medical interventions. Can you please provide the section and/or power that the Police Commissioner purports to use for the purpose of mandating vaccinations?
- There are many misinterpretations applying across the respective Work Health and Safety laws and/or Occupation and Health and Safety laws and regulations in that medical interventions are neither mentioned or suggested to be the type of control measures that these laws cover. Can you please provide the sections or regulations under WHS and/or OHS laws or regulations that specifically refer to medical interventions as acceptable and/or reasonably practicable measures?
- There are many implications in relation to mandating vaccines that will impact discrimination law, privacy law and bullying and victimisation. If I feel discriminated, my privacy breached, bullied and victimised by the vaccination mandate what options are available to me to escalate my grievances?
- There is a plethora of reputable science and data which suggests that there is no factual basis for the directions to mandate vaccines. Why are you ignoring this data when you mandate the vaccines?
Police Authority (courtesy of AFCL lawyers)
- Why are police being made to ask people what their ‘reasonable excuse’ is, when people have the right to silence?
- Why are police being made to ask people what their ‘reasonable excuse’ is, when people have the right not to self-incriminate?
- What should police do if a person does not answer their questions, given they have no obligation to do so thanks to the right to silence and the right not to self-incriminate?
- The Public Health Act has very strict checks and balances on when a person has to produce documents or answer questions (see sections 110, 111, 112 and 114); why are police being asked to request that people produce documents and answer questions and therefore breach these sections?
- Why are blanket directions being made under s7 of the Public Health Act which force police to ask for things they lawfully aren’t allowed to ask for?
- The Health Minister does not have the power to create offences. Why are police being asked to act as his henchmen via directives made under s7 of the Public Health Act which don’t have any power?
- Does this mean Health Ministers get to determine what police can and can’t do?
- What else will the Health Minister dictate police should do? How will this affect the relationship of police and community?
- Why are police being asked to enforce ‘Public Health Orders’ when under Part 8 of the Public Health Act, the only power police have to enforce the Act and directions made under it is the power to request that someone state their name and address if they suspect that person has breached a public health order (S112)?
- Are police authorised officers? If not, why are they being used to do what only an ‘authorised officer’ can do under S111 of the Public Health Act (to request information and documents from a person)?
Breaches of LEPRA
- Given that the only power the Public Health Act gives police is the power to ask someone to state their name and address under Section 112, and any other power the Minister purports to give police under s7 is not within his scope or jurisdiction to give, how can police be asked to fine or arrest citizens who do not comply with their directions?
- Why are police being asked to enforce unlawful public health orders, and to therefore put themselves at risk of disciplinary proceedings for breaches of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)?
- Why are police being asked to assault, batter and falsely imprison citizens on the basis of ‘fake’ police powers which were never the Minister of Health’s to give?
- Excessive force is the use of force above and beyond what is reasonably necessary to execute a lawful police power: aren’t all uses of force by police in response to a public health direction unlawful?
- Why are police being asked to force compliance with public health directions in general, given the increased animosity this causes between the police and the public, which may take years to recover from?
- Will police be compensated for the harm they have suffered in being asked to enforce powers which aren’t even lawful?
- Who will be held responsible for the millions of dollars in compensation for assault, battery and false imprisonment that the enforcement of these public health orders will lead to
False State of Emergency in NSW
- Why are police being asked to respond to an ’emergency’ when NSW hasn’t even declared a state of emergency?
- Why does the Minister for Health justify deploying the full force of the police by saying that there is an emergency, when he hasn’t even declared one?
- The Minister for Health is relying on the people of NSW to comply due to the illusion of legality, rather than legality itself. Is this fair for the police who need to enforce these fake laws?
FINAL WORDS
It is time to overcome your fears and take action. Your community is waiting for you to speak up and stand with them. It is time to rebuild the trust that has been broken. While you are part of an institution I respect and love, it is not without its faults, and it is not above reprieve. These problems need to be aired with respect and with dignity.
I am the first officer to go public about my concerns. I risked everything in doing so, but I know I am only the tip of the spear. Know this, by enforcing these rules upon the population, you are removing your own freedoms. Without police enforcement these agendas are crippled. Now is the time to act and be on the right side of history.
