NSW Policemen Assault Women and Girls at Shopping Centre

Horrific footage of two heavily built New South Wales policemen approaching a group of predominantly women and girls who are engaging in what can be fairly described as a ‘push and shove’ in a Batemans Bay shopping centre, before violently assaulting a number of them has many calling for police commissioner Karen Webb to take action, and some asking the questions such as: How do these ‘men’ treat ‘their’ significant others and daughters (if they have them) in a domestic setting? Why aren’t they facing assault charges? And how can they possibly still be on the police force?

The footage

The CCTV footage has to be seen for the gravity of the conduct to be fully understood.

A number of individuals including youths aged between 12 and 15 years are seen arguing outside a Woolworths supermarket in a Batemans Bay shopping centre. Two of the youths, both females, face off and begin grabbing one another.

Two solidly built male New South Wales police officers – the names of whom have not been released – are seen to make a ‘b-line’ towards the females and immediately start physically assaulting them.

The first man walks up to the two females who are pushing and shoving one another, immediately grabs hold of one of them from behind and violently throws her to across the hard floor.

The second then walks towards the group, grabs a slightly built girl from behind and violently throws her backwards to the hard floor. The girl does not appear to be physically involved in the altercation – but to be in the man’s way as he marches in towards the two that are pushing and shoving.

The man intently walks on an grabs the other female involved in the pushing and shoving from behind, and aggressively marches and violently throws her towards the supermarket checkouts, before returning to the group and pushing another slightly built female to the floor.

The force used by the officers is clearly excessive and on any measure amounts to the criminal offence of assault.

It is dangerous conduct which could easily have resulted in serious injuries, and it is unclear as to why they have not been charged with assault.

The extent of injuries actually suffered by the victims of the officers is also unclear.

Police watchdog recommends action

The incident took place last year and police say ‘disciplinary action’ was taken, although they have not given specifics about the nature of the action.

The state’s police watchdog, the Law Enforcement Conduct Commission (LECC), has now recommended that police reconsider the officers’ “unreasonable use of force”.

It might be noted that the LECC cannot itself discipline let alone bring criminal charges against officers – it can only make recommendations, which normally leave it up to police to decide how they wish to police themselves.

‘Reasonable force’

While police officers are entitled to use ‘reasonable force’ in carrying out their duties, any force must be reasonable under the circumstances.

Too many of these incidents are swept under the carpet by police and yet the effects on those involved, and the wider community, are long lasting.

Two women were charged with affray for events preceding the assault by police and ultimately fined $1,000 in the Batemans Bay Local Court.

It has been reported that when one of the women’s children was shown the footage, she said it made her feel sick that her mother was treated like “nothing.”

The young woman has also told the media that the young people in her community are scared of the police.

Questions have long been raised about whether the actions of police, under some circumstances, really meet community standards in terms of the way the general public wants to be “protected”.

And, to state the obvious, while police are supposed to mitigate violence, in many instances it would appear they simply perpetuate it. The armed, adult police officers in this video very obviously far outweigh the size and strength of the children and women they are seen pushing around, and throwing to the ground.

Pushing around the elderly

Just recently, two police officers were charged with assaulting a 92-year-old man in south-west Sydney while responding to a call out. The man suffered a fractured elbow and significant bruising to his head and arms, during his interaction with police, although no charges relating to domestic violence were laid.

Following an internal investigation, the senior constable involved was charged with assault occasioning actual bodily harm, and the constable involved was charged with assault as well as assault occasioning actual bodily harm.

Common assault is a charge that can be applied when there is no harm to a victim – in some cases it does not even have to involve physical contact, the threat of physical harm is sufficient.

Assault occasioning actual bodily harm is a more serious charge and is applied if a person sustains harm that is more than merely transient or trifling.

Actual bodily harm is less serious than grievous bodily harm, which is a really serious injury such as a broken bone or permanent disfigurement.

The maximum penalty for assault occasioning actual bodily harm in New South Wales is imprisonment for five years. If the offence is committed in company with one or more other people, the maximum penalty that applies is imprisonment for seven years.

Unacceptable brutality

Meanwhile, the NSW Police officer who tasered a 95 year old Clare Nowland in a nursing home last year has pleaded not guilty to one charge of manslaughter and his case is currently before the courts.

NSW Police have alleged in court documents that Senior Constable Kristian White’s decision to deploy his taser on Clare Nowland “does not meet the threshold” of acceptable use for officers.

Clare Nowland, who had dementia, was using a walker and was holding a steak knife when she was tasered. She fell after being tasered and fractured her skull, before being taken to Cooma Hospital where she later died from an inoperable brain bleed.

Community safety is being eroded

It has to be said that these incidents are becoming all to common place. And there are plenty of theories as to why, including the increasing weaponisation of police, their expanded powers, which have been steadily on the increase over the past decade, and the fact that police are first responders to all kinds of situations, many of them that involve people who are mentally unwell.

Across each of these, systemic failures can potentially be attributed to inadequate training, but, as many experts and commentators keep pointing out, there is also a problem with a real lack of accountability, and the current processes which allow police to investigate their own.

This lack of real accountability is only exacerbated by the unwillingness of the NSW Police Chief to make tough decisions when it comes to officers who act inappropriately, and a hesitancy to provide straight, transparent answers to the taxpayers who fund her wages, which means that police brutality can continue unabated.