Table of Contents IPCC Website *
Fair Just Open
Chapter 3 - Complaint Classifications
Introduction
Substantiated
Substantiated Other Than Reported
Not Fully Substantiated
Unsubstantiated
False
No Fault
Withdrawn
Not Pursuable
Curtailed
Informally Resolved
Sub-judice
Others
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False
 
3.7 A ‘False’ complaint is one:
 
  where there is sufficient reliable evidence to indicate that the allegation made by the complainant is untrue, be it -
 
 
(a) a complaint with clear malicious intent; or
 
(b) a complaint which is not based upon genuine conviction or sincere belief but with no element of malice.
 
3.8 When a complaint is classified as ‘False’, CAPO will consider, in consultation with the Department of Justice as necessary, prosecuting the complainant for misleading a police officer. Prosecution, however, will not be taken where there is no malicious intention on the part of the complainant.
 
  Example
 
 

Police Constable A (PC A) saw the complainant (COM) walking across the road without using a nearby footbridge. PC A intercepted COM and informed him that he would be summonsed for ‘Jaywalking’. Upon receiving the summons, COM lodged a complaint of ‘Fabrication of Evidence’ against PC A alleging that the latter fabricated evidence to summons him as he was in fact riding on a bicycle and not walking across the road at the material time.

COM raised the same allegation in court but the Magistrate accepted PC A as an honest witness whose evidence reflected the truth and did not believe in COM’s version. The Magistrate commented in his verdict that if COM had ridden on a bicycle across the road at the material time, PC A could have prosecuted him for other more serious offences. After trial, COM was convicted of the charge of ‘Crossing within 15 metres of footbridge’ and fined $800.

As COM’s complaint was deemed fully resolved in court, the allegation of ‘Fabrication of Evidence’ was classified as ‘False’.
 
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