Last November, an innocent 17-year-old Aboriginal boy was taken off a bus at gunpoint, forced face down on the ground, and handcuffed after police mistook him for an armed offender they were hunting.
Ninety seconds later, officers realised they had the wrong teenager, apologised, and released the boy. But instead of contacting his family or providing him with support, police searched him before putting him back on the bus.
An ACT Ombudsman report released this week found that the search was inappropriate and seemingly unlawful.
“An innocent youth sitting on a bus was removed at gunpoint, and the events that followed have had a significant ongoing negative impact on his wellbeing and mental health,” Ombudsman Iain Anderson said.
The Ombudsman also found that police failed in their responsibilities to the boy – known in the report as ‘Jay’ – as a young Aboriginal person. Police did not ask for his name, did not confirm his age, nor ask for details to contact a family member.
“The aftercare to that young person should have been better, and we should have done better,” Chief Police Officer Scott Lee said.
Errors and missed opportunities also contributed to the mistaken arrest. Transport Canberra told police that someone “matching the description” had boarded the bus, but the message was relayed to officers as “the POI [person of interest] has boarded a bus”.
“The heightened nature of a search for an armed offender; the bringing together of disparate teams; breakdowns in communication and unclear leadership all contributed to the decisions that led to an innocent young Aboriginal person being taken from a bus at gunpoint, mistakenly arrested, inappropriately and seemingly unlawfully searched, and then sent on his way without appropriate aftercare,” the Ombudsman found.
A professional standards investigation found the search breached the code of conduct, and police are considering sanctions against the officer in question.
Twelve days earlier, on Hallowe’en, the same officer had been involved when police searched Jay after police saw him carrying a realistic plastic costume knife. Jay told officers he also had a pocketknife in his bag, which they seized. Concerns about that earlier encounter are being investigated.
However, the Ombudsman found the decision to stop the bus was reasonable in the circumstances, while the use of firearms, a taser, and handcuffs was consistent with police policy and training. The Ombudsman found no direct evidence of racial profiling and no evidence Jay’s Aboriginality led police to use greater force; the AFP investigation also found no discriminatory conduct or excessive force.
“Our officers can never second guess themselves when responding to calls from the public about potential acts of violence,” Mr Lee said.
The Ombudsman made eight recommendations following its investigation, including clearer command arrangements; a definition of racial profiling; objective physical descriptors instead of race; trauma-informed policing training; better information-sharing with First Nations bodies; strengthening and resourcing the First Nations Liaison team; and greater transparency around police complaints and disciplinary outcomes.
Mr Lee said the AFP had accepted all eight recommendations, either fully or in principle. Work is underway to consider and implement them.
The police chief said that ACT Policing was committed to rebuilding trust with the ACT First Nations community, and would continue seeking advice from its First Nations Advisory Board.
“I recognise that ACT Policing was responding to a fast-evolving incident requiring decisive action, but there are opportunities to improve ACT Policing’s engagement with Aboriginal and Torres Strait Islander communities and their aftercare of innocent people who are caught up in their actions,” Mr Anderson said.
“This incident and the community reaction suggest there is still much work for ACT Policing to do, including listening and reflecting on hard truths.”
