A New South Wales police officer used “excessive and unlawful” force when he tackled, repeatedly punched and dragged a 17-year-old Aboriginal boy by the handcuffs along the floor of a hospital, the state’s police watchdog alleges.
The findings were handed down by the Law Enforcement Conduct Commission (LECC) on Monday following an investigation into the officer’s use of force while recapturing the “slightly built” teenager, who was attempting to escape in a NSW hospital.
The commission called for disciplinary and legal action to be taken against the “considerably taller, heavier and stronger” officer involved in the November 2020 incident.
The commission found the incident was “yet another example of the failure by police to record any, or sufficient information, and the consequences that may result from that failure”.
The LECC noted it had in February recommended the force improve instructions it gives to officers in regard to the recording of use of force and then again in July. The latter statement followed a separate incident in which an officer was found to have engaged in serious misconduct by throwing a torch at a 16-year-old and failing to take proper notes or turn on his body-worn camera.
In the incident dealt by the LECC report released on Monday, the commisison said teenager was taken to the hospital for assessment on 29 November before he tried to escape.
Witnesses, including hospital staff, told the commission they then saw the slim teenager being tackled to the ground before being punched three times in the head and then dragged six or seven metres by his handcuffs.
The commission found the first punch to be reasonable given the circumstances but then found the following two punches were “without justification” and recommended the police commissioner take disciplinary action against him.
The LECC also found the officer did not make any attempt to get the teenager to stand up before dragging him along the ground.
“This was completely unreasonable,” the report read.
“[Another officer] was no more than 10m away and available to assist.... Dragging anyone, let alone a youth, by his handcuffs along the floor for six or seven metres in front of hospital staff, patients and family members, is degrading.”
The officer also failed to record the use of force adequately.
The investigation found that despite officers being required to record notes when they exercise power, the only entry made by the office on the day of the incident was that he worked overtime.
“There was a complete failure… to follow police guidelines in regard to the recording of events in his police notebook,” the commission said.
The investigation – dubbed Operation Potosi – began after Western Sydney Local Health District employees at a hospital witnessed the incident and reported it to the comission.
“The commission recommends that the commissioner of police take disciplinary action against [the] officer,” the report stated.
“This recommendation is made on the basis that he was involved in excessive and unlawful use of force against a 17-year-old Aboriginal youth and then failed to adequately record that use of force.”
The commission spoke with six witnesses, including hospital staff and civilians.
A nurse described the police officer punching the patient “whilst on ground still in handcuffs with closed fist x three to face and chest areas”.
“Patient slammed head on ground when tackled by police and then dragged by handcuffs along ground back to triage area,” the statement read.
The LECC commissioner, Anina Johnson, said hospital staff had been “shocked at what they saw in the emergency department that day”.
“It was important that the commission investigate whether the use of force was lawful,” she said.
The commission found that while there was no evidence the teenager sustained injuries as a result of the alleged assaults, the behaviour was enough to warrant serious disciplinary action.
Police confirmed on Monday afternoon that the officer was still employed.
“The NSW police force notes the release of the LECC report in relation to Operation Potosi and that LECC has recommended the incident be referred to the DPP,” a spokesperson said.
“NSW Police will await advice from the DPP. Police are considering the recommendations put forward by LECC.”
Police minister Yasmin Catley said the allegations were “certainly concerning”.
“LECC has investigated the matter and in its recommendations says it will refer it to the DPP for assessment,” she said on Monday evening.
“Pending that process police are unable to take steps to review the officer’s continuing employment as they don’t hold any of the evidence in the case, which sits with LECC.”
