A New South Wales police officer engaged in serious misconduct when he inappropriately touched a sedated and restrained Aboriginal boy who was in police custody, an investigation has found.
The state's police watchdog found the police officer engaged in "disgraceful conduct" when he touched the nipple and stomach of the boy while he was strapped to an ambulance stretcher, making "offensive and demeaning silly turkey gobbler" noises and laughing along with four other police officers who were present.
The findings of the NSW Law Enforcement Conduct Commission's (LECC) investigation, released on Tuesday, follow private hearings in which the officers were shown video footage of the incident.
"The officer alleged to have inappropriately touched the young person's nipple conceded that the footage clearly depicted him doing so whilst laughing along with other officers," the LECC said.
"This incident involved disgraceful conduct by the officer and all those officers who laughed with and at him. It was conduct that paid no regard to the feelings of the child who was in their custody. No-one seemed to remember that he was just that, a child."
The investigation was sparked after a complaint was made to the New South Wales Aboriginal Legal Service on behalf of the boy, who was 15 years old at the time of the incident in February last year.
Boy was sedated and restrained
The teenager, who was described in the report as "a gangly, slightly-built" Aboriginal boy, had been picked up by police at around 8.45pm for allegedly breaching his bail conditions and placed in a police cell.
Later that evening, he began threatening self-harm and a decision was made to take him to hospital.
He was sedated and placed on a stretcher where he was restrained by the wrists and ankles.
As he was being carried out of the cell, one of the police officer grabbed him by the throat and placed a blanket over his face.
The officer told investigators this was to prevent the boy spitting at police.
CCTV video from the police station show the police officer then touched the boy on the stomach and then twice on his exposed nipple twice while the four other police officers surrounding the stretcher laughed along with him.
"Because he had his face covered by a blanket, he could not see what was happening around him," the report found.
"He was surrounded by six adult police officers."
'Humiliating and degrading'
The charge against the teenager for assaulting police was subsequently dismissed by a magistrate, who concluded upon viewing CCTV footage that officers had used excessive force.
The Aboriginal Legal Service and the child at the centre of the incident are calling for charges to be laid against the officer who touched the boy's nipple.
CEO of the Aboriginal Legal Service Karly Warner said the police officer's behaviour was "humiliating and degrading" and called for him to be sacked from the police force.
"When confronted with a distressed child being transported to hospital because of concerns relating to mental health and self-harm, this police officer touched the child's nipple while making 'turkey gobbler' noises and laughing," Ms Warner said.
"This behaviour is cruel and dehumanising, and the response from these other officers demonstrates an even bigger problem in the culture of NSW Police."
After reviewing the CCTV footage, the police officers agreed with investigators that their behaviour was inappropriate.
Reports recommends action against officer
The LECC report found that placing a blanket over the boy's face while he was sedated and restrained on the stretcher was a "reasonable response" to prevent an officer being further spat on.
However, it recommended that NSW Police "give consideration to the taking of non-reviewable action" against the officer who committed serious misconduct for touching the boy's nipple and making gobbling turkey noises.
"This type of conduct is not only likely to affect the attitude of the particular young person towards the police but carries the risk of damaging the relationship of the police with the local Aboriginal community," the LECC said.
"There is an obligation on officers performing this face-to-face work to behave sensitively and responsibly, particularly when dealing with children."
The police watchdog made no finding of serious misconduct against any of the other officers present but recommended that counselling and further training be undertaken.
