LECC accuses officer of racism, misconduct

The Law Enforcement Conduct Commission (LECC) has recommended disciplinary action for a NSW police officer performing the role of Custody Manager.

The recommendation comes after the commission’s finding of the officer’s serious misconduct, revealed in a new report tabled in Parliament.

CCTV footage played to the Commission reportedly showed an Aboriginal man in mental distress repeatedly self-harming by banging his head on a metal seat and the custody dock wall leading to visible head injuries.

The sound of banging was loud enough to be heard in other parts of the police station, the LECC said in a statement on Monday.

Other officers came into the custody room to see what was happening and could see the risk to the man in custody.

They suggested that an ambulance be called but the Custody Manager decided not to.

The Commission found that the Custody Manager’s decisions were driven by unconscious racism.

Because the man in custody was an Aboriginal man, the Custody Manager treated him as if he was deliberately engaging in poor behaviour, rather than seeing the self-harm as a sign of a mental health impairment.

Commissioner Anina Johnson has found the Custody Manager’s views and actions fail to match the standards set by the NSW Police Force in its Aboriginal Strategic Direction, where the Force has committed to calling out racism, discrimination and bias.

Despite having visible injuries, the Custody Manager decided that it was appropriate to drive the man for over an hour in the back of a police caged vehicle.

The man is reported to have continued to self-harm, using such force that it shook the police vehicle as it travelled along the highway.

The LECC says it’s another example of a Custody Manager’s failure to fulfil their important duties concerning a vulnerable person in custody.