Call for independent body to investigate complaints against police
WHEN Allen saw the brawler van pull up he thought the police were going to help him get home.
Instead he wound up in a holding cell with a bloodied mouth and broken teeth.
It was December 2012 and the then 24-year-old had been out drinking with friends. He had stopped and dozed off near the corner of Swanston and Little Bourke streets.
Arrested for being drunk in a public place and fined, he showed police his ID when asked but said he was suddenly surrounded by five officers.
“They asked me to surrender my wallet, when I asked them ‘why?’ I was pinned down with brutal force by the police officers, which damaged my front teeth,” Allen said.
He alleged he was bundled into the brawler van, spitting blood, and was held in custody.
He complained to the then Office of Police Integrity, but unwittingly ticked a box which enabled his complaint to be referred back to the Victoria Police Ethical Standards Command (now the Professional Standards Command).
What followed was three years of Freedom of Information requests for the CCTV footage of his arrest, which he said were at first denied, then delayed, then allowed — but with footage edited.
Allen is Malaysian-Chinese and wouldn’t rule out racial profiling as a cause, but nonetheless said the alleged assault was a use of excessive force.
“I understand that police have a difficult job, but this was an over-reaction and an abuse of process. I wasn’t fighting against them, I don’t see why I was pinned to the ground,” Allen said.
Victoria Police spokeswoman Leonie Johnson said the then Ethical Standards Command had conducted a thorough investigation of the matter and concluded the complaint could not be substantiated.
“Professional Standards Command is responsible for the investigation and oversight of complaints against Victoria Police employees. Anyone who is not satisfied with the outcome can report the matter to the Independent Broad-based Anti-corruption Commission (IBAC) for review,” she said.
Ms Johnson said police had released all parts of the footage requested by the FOI Commissioner.
“The parts of footage not released shows other members of the public, therefore cannot be released,” she said.
Allen shared his story as part of a push by legal and human rights groups for an independent body to investigate complaints against police.
While IBAC provides oversight of police operations, legal and human rights groups say the commission needs a fully resourced, discrete police-focused unit to investigate all serious allegations.
The Flemington-Kensington Community Legal Centre’s (FKCLC) Police Accountability Project is leading the push, along with Youthlaw.
FKCLC chief executive Anthony Kelly said police investigations into complaints could lead to bias and created mistrust in the system.
In 13 criminal cases in which the centre has been involved, judicial decision-makers contradicted the assessment made by Victoria Police investigators.
These cases came before the courts because the FKCLC clients had been charged by police for conduct arising out of the same incident that clients had complained about.
Mr Kelly said complainants were locked out of the process and therefore unable to correct false assumptions or provide further information.
The centre cited complaints systems in Northern Ireland, Washington DC and Canada as examples Victoria could follow.
Liberty Victoria president George Georgiou said it was not appropriate for police to investigate police, and that external investigations should have binding recommendations.
“If the investigation makes certain recommendations regarding a police complaint these should be accepted or there should be a justifiable reason for not doing so which is made public,” Mr Georgiou said.
Police Minister Lisa Neville said the State Government was reviewing Victoria’s integrity and
accountability system, which includes IBAC.
“The Government will continue to consult with stakeholders and the public to identify opportunities for reform to strengthen the system,” Ms Neville said.
A spokeswoman for IBAC said they retained only the most serious or sensitive matters for investigation, but also reviewed how police investigated cases.
She said most police complaints were assessed by IBAC as appropriate for police investigation as they concerned customer service and low-level misconduct.
Maki makes a stand
IT has been three years since a landmark Federal Court racial discrimination case prompted Victoria Police to change policing practises of diverse communities.
Maki Issa was one of the lead applicants in the matter.
He had been stopped by police a few times a day, whether he was waiting to catch a train to soccer training or shooting hoops at the basketball court.
“Our caucasian friends did not go through the same thing. This built up to the understanding that there was nothing random about our being stopped,” he said.
“Others experienced racial taunts or excessive use of force.”
Since the case, Victoria Police has introduced anti-bias training and policies to reinforce cultural awareness and rights in all decision making.
They were outlined in a police action plan called Equality is not the same in December 2013
To date, more than 4500 Victoria Police recruits have undertaken human rights training.
But Mr Issa said there was still a long way to go and that all officers — not just recruits — should have anti-bias training.
He said an independent body investigating complaints against police would empower people to come forward and report their experiences, as they currently feared repercussions.
Victoria Police will release a new three-year plan to follow-up on Equality is not the same in December.