Both interviewing officers ignored the man’s requests to suspend an interview so that he could seek further legal advice. (AAP: Dean Lewins)normal
In short:
In May 2020, a 29-year-old Aboriginal man was arrested by three NSW police officers following a search warrant being undertaken at the man’s home.
The officers were found to have engaged in misconduct when they were interviewing the man in custody.
What’s next?
The police watchdog recommended NSW Police Commissioner Karen Webb consider taking reviewable action against the three officers.
The NSW Police watchdog has made findings of “serious misconduct” against three officers and recommended the force’s commissioner take disciplinary action against them.
The new report from the Law Enforcement Conduct Commission (LECC) relates to the treatment of a vulnerable Aboriginal man in police custody.
In May 2020, the 29-year-old Aboriginal man was arrested by the officers following a search warrant being undertaken at the man’s home.
He was charged with a series of larceny and break and enter offences, and taken into custody.
While in custody, the man received legal advice from two different solicitors — both had advised the man that he should not be interviewed.
The report from LECC found that the man’s legal representation had informed police of their client’s request, but that he was still interviewed by two of the three officers.
During one of the two interviews, the man asked the officers to stop the interview several times, as per the report, so that he could speak to a solicitor again. Findings show the requests from the man were ignored.
One of the three officers was found to have put false information to the man during the interview, as well as inaccurate information in his statement.
The third officer associated with the case, who the report said was a custody manager, was found to have failed to protect the man’s rights — including his right to silence.
Interview was ‘obtained improperly and illegally’
In a pre-trial ruling in April 2022, Judge Siobhan Herbert found that both interviews conducted by the officers were inadmissible as the admissions made in the interviews had been “obtained improperly and illegally”.
As a result of the exclusion of these interviews, all charges were withdrawn.
Concerns about the handling of the case were then brought to LECC’s attention by the Acting Deputy Director for Public Prosecutions.
An investigation titled ‘Operation Pamir’ was opened, and LECC determined the officers had indeed engaged in “serious misconduct”.
Report recommends action
A series of recommendations have been made for all investigating officers and custody managers in NSW, following the report. This includes:
- Training to understand the right to silence of a person in custody
- Training to know the distinction between legal advice provided by a legal practitioner and instructions given by a person in custody to their legal representative
- To respect a person in custody’s wishes not to be interviewed.
It was also recommended for NSW Police Commissioner Karen Webb to consider taking reviewable action against the three officers.
LECC Chief Commissioner Peter Johnson SC said: “The findings made in this report emphasise the importance of investigating police officers respecting the exercise of a suspect’s right to silence and the custody manager in a police station fulfilling their important duties concerning a person in custody.”
The commissioner identified that a lack of training and proper support within the NSW Police Force had contributed to the poor conduct of the officers.
