WARNING: This story contains references to self harm and content that may be distressing.
A NSW police officer who taunted and inappropriately touched a 15-year-old Aboriginal boy has been censured by the Law Enforcement Conduct Commission (LECC).
In a report handed to parliament Tuesday, the commission found that the officer had engaged in 'serious misconduct' while the boy was in police custody in February 2021.
CCTV footage examined in the course of the investigation shows the officer grabbing the teenager by the throat, then touching his nipple, all while the boy was restrained to an ambulance gurney.
Operation Kimbla, as the investigation was known, examined the incidents in question of 14 and 15 of February last year.
'KIM1', as the boy is referred to in the report, had threatened self-harm while remanded in police custody, prompting the custody manager to call an ambulance.
After being examined by a paramedic, the report states, the teenager was transferred to an ambulance stretcher by several police officers, and restrained at the wrists and ankles.
He was then administered with three doses of a tranquiliser.
In the CCTV footage, the boy can be seen smiling at the officer in question, who grabbed him by the throat, saying in the report that the boy was preparing to spit at him.
A towel was then placed over the boy's head. The officer said this was to prevent him from spitting further.
When presented with the CCTV footage as part of the investigation, the officer admitted that he then touched the boy's nipple several times, made a 'turkey gobbler' noise, and laughed with other officers present.
"The Commission is satisfied that the officer’s conduct... amounts to serious misconduct," a summary of the report reads.
The Aboriginal Legal Service, who initially referred the incident to the LECC, and 'KIM1' have called for the officer to be held criminally responsible for inappropriately touching the boy.
“When confronted with a distressed child being transported to hospital because of concerns relating to mental health and self-harm, this police officer touched the child’s nipple," said CEO Karly Warner.
“This behaviour is cruel and dehumanising, and the response from [the] other officers demonstrates an even bigger problem in the culture of NSW Police."
New South Wales Aboriginal Legal Service CEO Karly Warner has called for the officer to be criminally charged. Source: NITV News
The allegation of excessive force stemming from the officer's grabbing the boy's throat was not upheld.
"[The officer] 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," the report said.
“This man did not protect and serve," said Ms Warner.
"He is not fit to be a police officer nor to be in any position of power over others, let alone children... we expect the officer to be terminated from the police force immediately, and for criminal charges to follow."
The commission recommended that consideration be given to punitive action towards the officer.
Under paragraph 173 of the Police Act 1990, this could include demotion, a deferral of the officer's salary increment, or any other action the Police Commissioner deems necessary.
The other officers present were recommended for further counselling and training.
