The recent findings by the Law Enforcement Conduct Commission (LECC) regarding the treatment of a vulnerable Aboriginal man in NSW Police custody have once again brought to the forefront the longstanding issues of systemic racism and misconduct within the force.

And this incident that involved serious misconduct by three NSW police officers in their handling of the arrest and interrogation of a 29-year-old Aboriginal man in May 2020, only adds to the mounting evidence of discriminatory treatment of Aboriginal people by law enforcement in Australia.

The NSW Police Case

In this instance, the man was arrested following a search warrant at his home (charged allegedly because of several offences including larceny and break-ins) and taken into custody.

But despite receiving legal advice from two solicitors (both advising him not to participate in any interviews) the police proceeded to interrogate him. The officers repeatedly ignored the man’s requests to stop the interview to consult his solicitor again, a violation of his legal rights. Furthermore, one of the officers was found to have provided false information during the interview while the custody manager failed to protect the man’s right to silence.

The LECC investigation, launched under ‘Operation Pamir’ uncovered the extent of the officers’ misconduct, culminating in findings that the interviews were conducted improperly and illegally. As a result the man’s charges were ultimately dropped but the damage had already been done, exposing yet another case of Aboriginal Australians facing disproportionate treatment and harm at the hands of the state.

A Pattern of Misconduct and Discrimination

This is not an isolated incident.

In fact, numerous studies and reports over the years have highlighted a disturbing trend of racism, discrimination, and misconduct within the NSW Police, particularly in its treatment of Aboriginal people.. and the NSW Bureau of Crime Statistics and Research (BOCSAR) states that Aboriginal people in NSW are around 10 times more likely to be incarcerated than non-Indigenous Australians, pointing to deep-rooted disparities within the justice system.

Another example is the tragic death of David Dungay Jr., a 26-year-old Aboriginal man who died in police custody in 2015 after being forcibly restrained by guards despite his repeated cries of “I can’t breathe“. This case, and others like it, underscore the systemic failures in protecting the rights and dignity of Aboriginal people in custody.

Racial Profiling and Over-Policing

The Australian Human Rights Commission has long reported on the issue of racial profiling, which disproportionately affects Aboriginal people. Racial bias in policing leads to over-policing in Indigenous communities, often resulting in arrests and charges for minor offences that would be handled differently for non-Indigenous individuals. Over-policing not only contributes to higher incarceration rates but also erodes trust between Aboriginal communities and law enforcement.

Calls for Reform and Accountability

In response to the findings from the LECC and other high-profile cases there have been widespread calls for urgent reform within the NSW Police.

And while Commissioner Karen Webb is expected to review and potentially take action against the officers involved, the underlying issue is much broader than individual misconduct.

The LECC’s report has recommended increased training for police officers and custody managers on the rights of those in custody, particularly with respect to the right to silence and the distinction between legal advice and instructions from a detainee.

However, such recommendations (while necessary) are far from sufficient to address the entrenched racial biases within the system.

The 2020 Black Lives Matter protests across Australia sparked in part by global outrage at police violence against people of colour, highlighted the growing demand for accountability and change in how law enforcement interacts with Indigenous Australians.

But despite promises from state and federal leaders (including NSW Premier Chris Minns) to address systemic issues within the force, meaningful change has been slow.

Thus, the case of the 29-year-old Aboriginal man in NSW custody is another sobering reminder of the persistent racism and misconduct that plague the NSW Police.

And while the LECC’s findings may lead to disciplinary action, real justice for Aboriginal communities in Australia will only come when the broader issues of racial discrimination, over-policing and abuse of power are systematically addressed.

So as we continue to witness case after case of mistreatment, the calls for accountability and reform grow louder… and whether or not those in power will finally listen and act remains to be seen.