The Authority oversaw a Police investigation after a young person complained that officers used excessive force to arrest him.
Together with three other young people, the complainant was a passenger in a suspected stolen car that failed to stop for Police, then crashed. The young people ran from the car, and the three other youths were soon found. The complainant hid in a bush, and complained that officers pulled him to the ground, pepper sprayed him, stomped, kicked, and punched him during his arrest.
The complainant alleged that he repeatedly told officers his jaw was broken and requested medical assistance, which he said was not provided for hours.
The Police investigation included speaking to all officers involved, who denied using excessive force. The officer who deployed the pepper spray says he used it because the complainant refused to come out when instructed. He first tried to pull the complainant out of the bush, however, was concerned it would cause them both injuries. The officer says the pepper spray was effective in loosening the complainant’s grip, and he was then able to extract him. Despite three other officers coming to assist, the complainant resisted arrest and kicked out at the officers who struggled to restrain the complainant before securing handcuffs.
The Police investigator also spoke to three civilian witnesses. Two saw the arrest and the officers struggling with the complainant on the ground, however they did not see the pepper spray being used. They did not observe any stomping, kicking, or punching by Police and both said it looked as though the complainant was resisting arrest.
Police reviewed custody records and spoke to custody staff. They found the custody sergeant offered to contact a doctor when the complainant arrived at the custody unit, however the complainant declined this offer. Photographs of the complainant in the custody unit do not show any obvious signs of injury, however the complainant’s face was red from the pepper spray. After a change in shift, a new sergeant spoke to the complainant, who agreed to see a Police doctor. Police transported the complainant to hospital where he was diagnosed with a broken jaw that required surgery.
The investigation concluded that the force used by the officers during the arrest was justified to overcome the resistance offered by the complainant, and that the level of care provided was adequate. The investigation identified minor policy breaches in the timeliness of the reporting of the force used and the recording of custody decisions.
The Authority considers the investigation undertaken was thorough and agrees with the outcome.
IPCA: 25-27000