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The Commission is satisfied that the officer’s conduct in touching the young person’s nipple and making a turkey gobbler noise whilst laughing along with other officers amounts to serious misconduct.

Unnamed-25

5 April 2022

PRESENTATION OF LECC REPORT

OPERATION KIMBLA

LECC Report into investigation of the treatment of an Aboriginal young person by NSWPF officers whilst in police custody

The Law Enforcement Conduct Commission (‘the Commission’) furnished its report in Operation Kimbla to Parliament today.

The Commission investigated the conduct of officers of the NSW Police Force (‘NSWPF’) who were alleged to have used unreasonable force, and inappropriately touched a young male whilst in police custody, in particular by grabbing the young person by the throat and touching the nipple of the young person whilst he was restrained to an ambulance trolley.

Private examinations were conducted on 2, 3 and 4 February 2022, during which the officers were shown video footage of the incident. The officer alleged to have inappropriately touched the young person’s nipple conceded that the footage clearly depicted him doing so whilst laughing along with other officers. The other officers that can be seen laughing in the video footage conceded that they were laughing and that this was inappropriate conduct.

The officer alleged to have used unreasonable force on the young person by grabbing him by the throat explained that the use of force was to prevent the young person, who had threatened and was preparing to spit on the officer, from doing so.

Findings

The Commission is satisfied that the officer’s conduct in touching the young person’s nipple and making a turkey gobbler noise whilst laughing along with other officers amounts to serious misconduct.

The Commission has recommended that consideration be given to the taking of non-reviewable action under s 173 of the Police Act 1990 by the NSW Police Force against the officer.

Whilst the Commission makes no finding of serious misconduct against any other officers it recommends that counselling and further training be undertaken in relation to all officers.

The Operation Kimbla report can be accessed on the Commission’s website.

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