Key Takeaways
- A New South Wales police officer was found to have unlawfully arrested a man, choked him, and made offensive comments during an incident in 2021.
- The officer also attempted to delete the man’s recording of the incident, which was retrieved and used as evidence in court.
- The Law Enforcement Conduct Commission (LECC) has recommended that two police officers involved in the incident be dismissed from the force.
- The LECC will seek advice from the Director of Public Prosecutions about whether the officers should be charged with criminal offences, including perjury and common assault.
Introduction to the Incident
The incident in question occurred in 2021, when a man, referred to as Civ1, went to a police station to make a report about a car accident. However, the conversation became heated, and Civ1 was arrested and charged with several offences. The matter went to court two years later, where the defence played the audio from Civ1’s phone overlaid with the station’s CCTV footage, which contradicted the police statements and created a "false narrative". This prompted an internal inquiry, which was followed by an investigation by the LECC, dubbed Operation Somnus.
Findings of the Investigation
The investigation by the LECC found that the officer in charge had unlawfully arrested Civ1, choked him, and made offensive comments towards him. The officer also attempted to delete Civ1’s recording of the incident, which was retrieved and used as evidence in court. The LECC found that the officer had fabricated statements in the police fact sheet, improperly shared his evidence with other officers, and deleted the police CCTV footage which showed him removing the phone from the custody table. The internal inquiry found only that the second officer had copied quotes from the other first officer’s statement, which the LECC considered to be an inadequate investigation.
Consequences of the Incident
The LECC has recommended that the two police officers involved in the incident be dismissed from the force. The commission will also seek advice from the Director of Public Prosecutions about whether the officers should be charged with criminal offences, including perjury, fabricated evidence, tampering with evidence, and common assault. The officer who conducted the internal inquiry accepted that he could have been more thorough and said he lacked the resources he needed to conduct an investigation of this kind. The LECC report raised significant concerns about some current practices within the NSW police force, including the preparation of statements, review of criminal briefs, and the use of privacy squares on CCTV within police stations.
Response from the Law Enforcement Conduct Commission
The Commissioner of the LECC, Anina Johnson, stated that honest and accurate police statements are fundamental to the proper functioning of the criminal justice system. She noted that acts such as collusion between officers and making untrue witness statements constitute a gross distortion of police powers and are destructive of the good reputation of the force. The Commissioner also highlighted the importance of corroborative evidence in proving that a police statement is false or misleading. In this case, the deception only came to light because Civ1 had recorded the conduct of police and that recording was able to be retrieved after it "disappeared".
Broader Implications of the Incident
The incident has raised significant concerns about the practices and culture within the NSW police force. The LECC report has highlighted the need for greater transparency and accountability within the force, as well as the importance of ensuring that police officers are held to the highest standards of conduct. The incident has also highlighted the importance of technology, such as body-worn cameras and phone recordings, in holding police officers accountable for their actions. The LECC has recommended that the NSW police force take steps to address the issues raised in the report, including providing additional training and resources to officers and improving the review and oversight of police conduct.
Conclusion and Recommendations
In conclusion, the incident involving the unlawful arrest and mistreatment of Civ1 has highlighted significant concerns about the practices and culture within the NSW police force. The LECC has made several recommendations, including the dismissal of the two police officers involved and the pursuit of criminal charges. The commission has also highlighted the need for greater transparency and accountability within the force, as well as the importance of ensuring that police officers are held to the highest standards of conduct. The NSW police force must take steps to address the issues raised in the report and work to rebuild trust with the community.
