Cops engaging in sexual acts while in a police car at a Red Rooster car park is official misconduct, a Queensland court has found.
The Queensland Court of Appeal has set aside an earlier court decision made while assessing former Gold Coast policeman Rick Flori's bullying case against his old employer.
Earlier this year, a judge ruled the sexual acts were not official misconduct in Flori's case, in which he alleges he suffered reprisals after making disclosures to the corruption watchdog.
The former sergeant claimed he was bullied after sending a letter to the then-Crime and Misconduct Commission alleging the sexual act involving a District Duty Officer in late 2009.
"We feel this is wrong by a person who is supposed to be supervising," the letter stated.
"I can see the headline. Senior police officer receives fellatio in police car."
Mr Flori quit the force before being acquitted by a jury of misconduct last year after leaking footage of police bashing a handcuffed man in a police station basement in 2012.
Prosecutors alleged he leaked the footage as part of a vendetta against Senior Sergeant David Joachim, an officer involved in the arrest who was also promoted ahead of him.