28 Jan 1998: Ombudsman investigates unlawful arrest, unlawful use of force and detention

Commonwealth Ombudsman, Philippa Smith today released a report of an investigation into the conduct of two Australian Federal Police (AFP) members responding to a domestic disturbance at a Canberra home in July 1996.

The Ombudsman’s investigation found that a young woman had been unlawfully arrested, detained and interviewed by the officers, and that one of the officers had used unlawful force during the incident.

Background

The young woman alleged that two AFP Constables arrived at her home well after the domestic dispute had finished. She claimed that one officer had left her home, but the second officer did not leave when asked to do so.

She claimed that when he did not leave she pushed him, and he then grabbed her by her wrists and pushed her to the floor causing her to hit her head against the steel leg of a chair as she fell.

She said that he then dragged her, on her face, out of her home. She was then taken to the Belconnen Police Station where she was interviewed without a lawyer, even though she asked for one several times. She was charged with assaulting police and resisting arrest. When the matter went to Court the Magistrate dismissed the charges against the young woman and commented adversely on the behaviour of one of the Constables.

Findings

The Commonwealth Ombudsman investigation of the complaint, found:

• The two AFP officers had acted unlawfully in removing the young woman from her home,and that they also unlawfully detained her at the Watch House and questioned her against her will.
• That an AFP officer did not make reasonable facilities available to the woman to enable her to consult a lawyer as soon as practicable after she had requested one.
• Nor were reasonable facilities provided to enable the young woman to communicate with a lawyer when an interview was suspended, and that in those circumstances the interview was improperly continued after the period of suspension.
• A further allegation was incorrectly put to her as a question and that this allegation was made without a further caution being made. Other question not related to the offence were also improperly put to the young woman.
• The AFP officers failed to report a complaint which the young woman had made against the conduct of one of the officers.

Following the investigation the Ombudsman recommended that disciplinary action be taken against the two police officers and that AFP officers be reminded that requests for lawyers should be treated proactively. Compensation has been recommended in respect of the findings of unlawful use of force, unlawful detention and wrongful arrest.

The Ombudsman said she was pleased to acknowledge that the AFP had accepted all of the Ombudsman’s recommendations and was taking appropriate action.

Media Contact

Media 02 6276 3759
Email – Media@ombudsman.gov.au()

Date of release: 28 January 1998