Constable James Boaden was working in Moree Police Station in September last year when a corrective services officer who worked at the station was brought in after failing a roadside breath test.

David John Webb was arrested after recording a mid-range blood alcohol level of .09 in the test, the Police Integrity Commission (PIC) heard.

The station supervisor that night, Senior Constable Phil Smith, took two calls following the arrest – one from Mr Webb’s boss, John Arthur Weavers, and another from the station’s duty officer, Inspector Geoff Budd.

Constable Smith said Inspector Budd told him to “be careful” with Mr Webb.

“I told Mr Budd I’d look after him (Webb). Reading between the lines, we wouldn’t charge him,” Constable Smith told the commission

yesterday.

Although Constable Boaden did not speak directly to Inspector Budd, he said he was under the impression Inspector Budd had ordered Mr Webb’s release.

“My impression was that the order had come from him and that determined my actions,” Constable Boaden said.

Both Constable Boaden and Constable Smith have admitted fabricating evidence so it appeared Mr Webb had been under the legal limit, including blowing into a breath analysis machine on Mr Webb’s behalf.

Constable Boaden told the inquiry he felt intimidated by Inspector Budd and could not stand up to him.

“There was a previous history of disagreements between the two of us, in as much that he used verbal intimidation on me ... (and)

threatened me with physical violence,” Constable Boaden said. On one occasion, he claimed Inspector Budd told him he would, ‘rip off ya f...in’ head and s... down your throat’.”

Constable Boaden said he would have charged Mr Webb if he thought Inspector Budd had not approved his actions to release him.

In a series of hearings that started on Wednesday in Sydney, the PIC is investigating two separate breath tests conducted last year in Moree and Orange.

In both incidents, someone with links to NSW Police returned a

positive roadside breath test, but avoided a further breath analysis machine test as required by law.

The hearings will turn today to the Orange incident, when the son of a local police officer was caught drink-driving.