A Sydney police officer has avoided conviction for stalking a woman and searching for details on her partner using a restricted police database.
Constable Joshua Wootton followed his victim over 11 days in February 2022, using a GoGet hire car to conceal himself around her home, workplace and elsewhere.
Magistrate Miranda Moody on Friday dismissed charges of stalking and accessing restricted data, requiring the 32-year-old to comply with a mental health treatment plan.
Wootton has had depression since he separated from his ex-wife in 2018 after revelations she had been having a long-term affair, the judge told Downing Centre Local Court.
Ms Moody had concerns about the level of insight he had into his behaviour given the inconsistency of remarks he made to a psychologist.
In some instances he externalised responsibility for his offences, but he also said he accepted the woman would’ve been frightened by his actions.
“At the time of committing offences I was not in a sound state of mind,” he wrote in a letter to the court.
“The actions I have taken oppose my true nature and character.”
Wootton joined NSW Police in December 2019 and was based in Sydney’s eastern suburbs.
On Valentine’s Day last year, he turned up at the woman’s home unannounced and left roses on her driveway.
The following day, she told him his conduct was “inappropriate”.
“I don’t know what your game plan is, but you need to stop your behaviour,” she said.
Wootton then followed his victim seven times from February 17 to 28, despite her request for him to leave her alone.
MsMoody noted a “certain subterfuge involved” in his actions, as he would hire a car in an attempt to obscure his identity from the woman.
On February 25, he accessed COPS, a police database that holds more than 40 million records on members of the public and officers are prohibited from using for personal matters.
Making up false reasons and entries, he conducted searches for the name of a man he had seen his victim with and the residential address they had gone into together.
Wootton was stood down from his role following his arrest in June last year.
It was “very concerning” he conducted his offending in his job as a police officer, the magistrate said.
She warned Wootton that the judgment didn’t absolve him of his actions and slapped an AVO on him, preventing him from contacting the victim or coming in her vicinity.
“This isn’t a get out of jail free card,” she said.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
beyondblue 1300 22 4636