The Authority oversaw a Police investigation into an allegation that in 2021 an Authorised Officer assaulted a man in custody by spraying him in the face multiple times with pepper spray.
The man was due to be transported to Court but refused to follow instructions and leave the cell. The Authorised Officer said he believed the man was planning to assault him. Rather than withdrawing and seeking assistance from other staff, the Authorised Officer used his pepper spray several times in an attempt to get the man to comply. The man initially remained seated on the bed while he was pepper-sprayed and then knelt on the floor with his hands behind his head.
The Authorised Officer was charged with assault with a weapon and was acquitted by a jury. Police subsequently undertook an employment investigation and found that the officer’s actions amounted to misconduct.
Our assessment was that the use of pepper spray was not a necessary, proportionate or reasonable response to the situation, and we agree with the outcome.
IPCA: 21-8367