The unprovoked and purely gratuitous bashing of a compliant, naked, handcuffed Aboriginal man in an ACT police cell is surely the last straw, says JULIE TONGS.  

Another day and another alleged unprovoked bashing by ACT police of a defenceless Aboriginal man. 

The victim of this cowardly assault is referred to in media reports as “Shane”.

The report, earlier this month, of the unprovoked and purely gratuitous bashing of a compliant, naked, handcuffed Aboriginal man in an ACT police cell is surely the last straw.

If proven, which in light of the fact that the vicious assault was apparently filmed, seems highly likely, then the ACT Government surely has no option to not only ensure that the four officers involved in this grave and cowardly attack face the full force of the law, but that a detailed and forensic inquiry into ACT Policing is instigated as a priority.

The following excerpts from the ABC report on the alleged vicious assault speak for themselves.

At 8.35am Shane is handcuffed and pushed face down into the carpet of a hotel hallway in Canberra by three police officers. Shane repeatedly asks the police officers: “Why are you hurting me?” The police do not reply. The documents further allege that later that day Shane was badly beaten by police while naked and handcuffed and then charged with resisting arrest.

At 8.43am Shane is in a caged section of a police van. He is sprayed in the face with capsicum spray, while handcuffed and is then taken to the police watchhouse.

At 9.18am he is taken before the watchhouse custody sergeant. 

At 9.21am he is escorted to the watchhouse cell by three male officers and a female officer. He is ordered to stand against a wall and is stripped naked. Notably under the ACT Crimes Act, strip searches must only occur with officers of the same sex in the room. 

It is not yet known whether the four officers involved in this illegal strip search are to be charged. Notably, ACT Policing admitted when the matter was brought before the court that the strip search was illegal.

It is alleged by Shane’s lawyer that, following the illegal strip search, Shane was deliberately kneed by a police officer in the buttocks. It is further claimed that following the strip search Shane’s arms, which were handcuffed in front, were yanked over his head and behind his body resulting in him screaming out in severe pain.

He was then kneed a further four times, three times in his chest and once in the back before being pinned, while still naked, to the floor where he is again kneed in the thigh and his head is slammed down while he is “lying prone on the concrete”.

Shane is left lying on the concrete and is charged with resisting arrest and refused bail. Notably when the matter came to court the presiding Supreme Court justice hearing the matter described the conduct of the officers as “extreme and unnecessary”. 

To the surprise of no one, all charges against Shane were subsequently thrown out of court. 

It is regrettably also quite clear to the entire Aboriginal community of Canberra that Shane’s only crime was that he is black.

Julie Tongs is CEO of the Winnunga Nimmityjah Aboriginal Health and Community Services.

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