The Law Enforcement Conduct Commission (LECC) has recommended disciplinary action against three officers in their finding that a vulnerable First Nations person had their rights violated in May 2020. Police officers forced the victim to participate in police interviews against the fundamental right to silence and put false information to that person during an interview.
This report follows the last year, which found systemic failures to protect young people and their right to silence. The investigation and report occurred after Police prosecution of the person was halted in court due to the evidence given being inadmissible.
Greens MP and spokesperson for justice Sue Higginson said “This report has once again lifted the lid on a horrid and sordid culture within the NSW Police. Despite two separate Lawyers, including one Aboriginal Legal Service lawyer, advising police that the victim exercised their right to silence, the officers forced two separate interviews with the victim, therefore engaging in serious misconduct.”
“We can’t know how often this is happening, but the impunity shown in this case and by the fact that this was done in collusion between numerous officers would suggest that it is not uncommon,”
“We have seen endless accounts from people that have survived abuse by the police, including current and former police officers, as well as members of the community who are targeted and vilified based on racist policing practices. Everytime the LECC makes findings of wrongdoing and misconduct against the police, the Minister and the Premier try and excuse the issue by saying that the system is working, this is a political failure and it has to stop,”
“Arresting officers, custody managers and bail officers all have a significant responsibility for maintaining a person’s welfare and for protecting the legal rights of the community. The culture of cover up and abuse within the police system in NSW is putting people in danger and violating the community at every turn,”
“The right to silence is one of the most fundamental rights when it comes to freedom from oppressive state prosecution,”
“The Government should direct the Police to make compensation available to the victim of this police misconduct, and the LECC should be resourced according to the number of reports made to them from the community,”
“As long as the LECC does not have enough resources to properly police the police, there is no hope for a genuine clearing of the decks from the toxicity in the NSW Police that is causing harm and violating people’s rights,”
“The three officers should have their employment terminated immediately, to clear these bad apples from the barrel, and the systemic shift that is so badly needed should begin today,” Ms Higginson said.
