CCC slams police, releases assault video

CCTV captures Broome Police dragging a man into his cell.

FOOTAGE of a former WA policeman apparently punching and kneeing a prisoner in the head has been released after a lawyer for the constable failed in a court bid to suppress the video.

The footage was first revealed during public hearings held by the state's corruption watchdog examining alleged misconduct by police at the Broome watch-house.

The Corruption and Crime Commission hearings came after two alleged violent assaults this year involving the same policeman, whose name has been suppressed.

His lawyer had lodged a Supreme Court injunction against the public release of the footage.

When that bid failed, an appeal was lodged, which was also dismissed, and the policeman decided on Monday not to pursue the matter in the High Court.

The CCC tabled its report into the matter and the video in parliament on Monday afternoon, as planned, and criticised police for failing to intervene.

CCTV footage showed an 18-year-old man with his head seemingly pulled back by the force of a neck hold.

At one point, both his feet are off the ground and he is seen slumping, although there is insufficient evidence to conclude he lost consciousness.

He is then taken to a padded cell and stripped naked by five police officers.

Three weeks later, the same officer is seen on camera punching and kneeing a 31-year-old man after the detainee hit him in the nose.

The officer is later seen throwing the detainee to the floor, face down while his hands are cuffed behind him.

He is then left face down and unresponsive.

The report concluded the actions of the former constable, who resigned in May, might constitute criminal assault.

The CCC has formed "opinions of misconduct" against him for both incidents and an evidence brief is being prepared.

Nine other officers were also criticised for failing to intervene and report the incidents.

The report also revealed a widespread failure in supervision and failure to render assistance, including medical care.

When the 31-year-old man was released from prison 10 days after the incident, he went to hospital where he learned he had a fractured finger and a haemorrhage to his eye, the CCC said. "The WA police manual expressly warns against leaving a detainee lying face down with hands restrained behind their backs due to the risk of positional asphyxia," the report said.

A series of recommendations for police include highlighting techniques to help officers de-escalate violence in lock-ups, options for ensuring vulnerable detainees receive medical assessments, and additional training for officers with supervisory responsibilities in lock-ups.

The report concludes that failure of supervision may be a systemic issue for WA police.

But WA Police Commissioner Karl O'Callaghan outright rejected that finding.

Police Commissioner Karl O'Callaghan. Source: News Limited

"The Corruption and Crime Commission has looked at two incidents, there are thousands of lock up admissions in Western Australia every year," he said.

"If find it difficult how you can draw that sort of conclusion from two incidents alone, so we reject that particular suggestion out of hand."

Mr O'Callaghan said the assaults against the two men were regrettable and disappointing.

He said he had personally apologised to the Aboriginal victim, known as D4 in the report, in May this year.

However, Mr O'Callaghan criticised the commission for the time it had taken to release it's report, hindering any possible police charges.

He said internal investigators notified the CCC of the incidents.

Once the Commission started its own investigation it prevented police from continuing their own.

"The CCC investigation has taken too long, there is clearly an offence and yet the former officer involved has still not bee charged," Mr O'Callaghan said.

Three currently serving officers remain stood down in relation to the incidents.

Two are facing loss of confidence proceedings and the third may also be served with a loss of confidence notice.

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