WA's Corruption and Crime Commission has found a police officer engaged in serious misconduct by pulling, punching and swearing at a man he was arresting and using punitive, unnecessary and excessive force.
It found that an internal review into the incident was "inadequate", with the force now agreeing to re-investigate the matter.
The altercation unfolded in September 2021 when police arrested a 43-year-old Indigenous man, referred to in the report as "Mr L", after he assaulted a Public Transport Authority officer at the Mirrabooka bus port.
Mr L was "verbally uncooperative and somewhat erratic in his interactions with WA Police officers", according to the report, but cooperated with officers when they searched his bag and handcuffed him.
After being handcuffed, Mr L was put in the back of a police van but kicked the door as an officer referred to as Sergeant Ratcliffe tried to close it, hitting the officer.
The report and footage released by the CCC showed Officer Ratcliffe reaching into the van, attempting to pull Mr L out by his leg, swearing at him and punching him four times in the leg.
Punitive use of force
"Sergeant Ratcliffe's explanation was that he struck Mr L four times to the thigh as a 'distracting technique'," the CCC report said.
"Immediately after striking Mr L, Sergeant Ratcliffe called him a 'f***ing piece of shit' and Mr L says 'you can't hit me motherf***er'.
"Sergeant Ratcliffe's use of insulting and offensive language immediately after striking Mr L suggests his application of force was punitive. The language used towards a person in his custody was unprofessional."
The report notes a senior constable and constable who were also involved in the arrest then intervened before Sergeant Ratcliffe withdrew and closed the door.
Mr L was taken to the Perth Watch House, but did not complain of injury to officers there, according to the report.
Officer's explanation not accepted
In his evidence to the CCC, Sergeant Ratcliffe said after grabbing Mr L's leg, the man kicked him under his chin and his vest, knocking off a torch attached to the vest in the process.
He said he then pulled Mr L's leg because he had shuffled over the torch, and that it represented a "security risk" if it was in the back of the van.
However, the CCC found in the three seconds between Sergeant Ratcliffe entering the van and pulling Mr L, it was "implausible" Mr L could have kicked the torch off, shuffled himself onto it and for the officer to react.
The three other officers at the scene told the CCC they either were not aware of Sergeant Ratcliffe's concerns about the torch representing a safety risk, or did not believe it represented a risk.
"In all of the circumstances, the commission does not accept Sergeant Ratcliffe's explanation that his conduct was motivated by the need to retrieve his torch," the report found.
The CCC found it more plausible that the torch was kicked off after Mr L had been pulled by the leg, and that trying to pull him out of the van without his hands free to brace his fall or protect his head could have had "serious" consequences.
Use of force unacceptable
It was also not accepted by the commission that the four punches were "distraction blows", nor that the altercation was necessary, because Mr L "was in virtually the same position inside the pod when the door was eventually closed as he was when it opened".
"The probabilities are, however, that Sergeant Ratcliffe was angry that Mr L had kicked the door into him," the report found.
"And it was his anger that caused him to pull and strike Mr L, rather than an intention to move his legs and/or retrieve his torch.
"Sergeant Ratcliffe's use of force both by pulling Mr L, a handcuffed man in his custody, by his leg and by punching him repeatedly was punitive, unnecessary and excessive.
"Further, the language Sergeant Ratcliffe used towards Mr L was unnecessary, improper and offensive.
"Sergeant Ratcliffe's conduct towards a person in custody as both a team leader and a senior WA Police officer, was unacceptable."
A report the commission requested from the WA Police Operational Skills Training Faculty also found the officer's actions were "not reasonably necessary" in the circumstances and were not in accordance with police policy.
The report notes Sergeant Ratcliffe maintained the force was not excessive, was appropriate and in line with WA Police training.
Assault charge dropped
Mr L was later charged with assaulting Sergeant Ratcliffe, although that charge was dropped two months later by a police prosecutor who referred the officer to the Police Conduct Investigation Unit.
It was then decided by the Internal Affairs Unit that a criminal investigation should be undertaken against the sergeant, which found there was "insufficient evidence" for a criminal charge but recommended a "managerial investigation".
Sergeant Ratcliffe was exonerated by that investigation, which the CCC described as "inadequate".
"The investigation failed to properly consider the entirety of the incident, including force used by Sergeant Ratcliffe before he punched Mr L and the investigators did not seek the opinion of a use of force expert."
Because of this, the CCC began its own investigation.
In its response to the report, WA Police said it would allocate an "an independent officer to review the outcomes of the investigation."
Commissioner 'understands' officer's behaviour
In a statement, WA Police Commissioner Col Blanch said he could "understand" why the officer acted the way he did, but supported the investigation being reopened.
"I have personally reviewed the footage [of the incident] and while everyone will have a view on how an officer should respond, I can also understand why he reacted the way he did, having been in many similar situations when tensions are high," he said.
"Walking in the boots of officers today can be extremely hard, we must always be professional in our approach and we should always improve how we respond to challenging situations.
"As commissioner, I will support my officers in the most difficult of situations, even when there are questions into the appropriateness of our response.
"This is why the CCC is so important in being an independent examiner of police actions. Together our aim is to provide the Western Australian community with the best police force possible."
