A New South Wales police officer has been found to have carried out an unlawful arrest, applied a chokehold, and then attempted to delete video evidence of the incident, according to a damning report from the state's independent watchdog.
Watchdog Investigation Uncovers Serious Misconduct
The Law Enforcement Conduct Commission (LECC) investigation, named Operation Somnus, concluded that the officer in charge committed serious misconduct during an incident at a police station in 2021. The man, referred to as Civ1, had visited the station to report a car accident, but the encounter escalated, leading to his arrest and charging with several offences.
The LECC stated that the officer, known as Som1, unlawfully arrested the man, choked him, and made offensive comments. Following the arrest, officers falsely claimed the man had sworn at them.
Systematic Attempt to Conceal the Truth
The commission's report, released on Wednesday, details a concerted effort to hide what happened. Civ1 had recorded part of the interaction on his mobile phone. The LECC found that Som1 took the man's phone and deleted the recording.
To cover his tracks, the officer then excised six seconds of CCTV footage from the station's security system before it was submitted as evidence, aiming to conceal the moment he deleted the phone recording. Furthermore, the officer was found to have fabricated statements in the official police fact sheet regarding Civ1's alleged offences.
When the case went to court two years later, in 2023, the defence played the retrieved phone audio synced with the station's CCTV. This directly contradicted the police accounts, creating what the LECC called a "false narrative". The magistrate reportedly expressed "grave concerns" about the officers' conduct.
Recommendations for Dismissal and Criminal Charges
The LECC has recommended that two officers involved, Som1 and Som2, be dismissed from the NSW Police Force. It also stated it will seek advice from the Director of Public Prosecutions (DPP) on whether criminal charges should be laid.
Potential offences include perjury, fabricating evidence, tampering with evidence, and common assault. The report also found that both officers colluded by sharing their evidence and later gave false evidence under oath in court.
Commissioner Anina Johnson emphasised the gravity of the findings, stating that "honest and accurate police statements are fundamental to the proper functioning of the criminal justice system". She echoed past warnings from the Wood Royal Commission, noting that such acts distort police powers and damage the force's reputation.
The LECC also recommended disciplinary action against the officer who conducted an initial internal inquiry, which was deemed "inadequate". That officer admitted the investigation lacked thoroughness and resources.
The commission's report raises significant concerns about practices within NSW Police regarding statement preparation, evidence review, and the use of privacy filters on station CCTV.
