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🇦🇺 Australia /Crime & Justice

Police search of Indigenous teen called 'inappropriate' and 'unlawful' by Ombudsman

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Official statement Outcome reported
  • An Indigenous teenager in Canberra was subjected to an "inappropriate" and "potentially lethal" search after being mistakenly arrested at gunpoint.
  • The Commonwealth Ombudsman found the search was unlawful, though the initial use of force during the arrest was deemed appropriate.
  • The incident highlights "a series of human errors" and has strained relations between police and Indigenous communities.

An Indigenous teenager in Canberra, Australia, endured an "inappropriate," "seemingly unlawful," and "potentially lethal" search following a case of mistaken identity by police, according to the Commonwealth Ombudsman. The watchdog investigated "serious questions" raised after the 17-year-old was pulled from a bus at gunpoint last November.

The search does not appear to be lawful.

— Iain AndersonCommonwealth Ombudsman, commenting on the search of the Indigenous teenager.

Officers mistook the teenager for a man who had allegedly attempted to carjack a vehicle while armed with a knife. After removing him from the bus, officers pushed the teen, identified by the pseudonym 'Jay,' face down and arrested him. It was only then that they realized they had apprehended the wrong person.

Commonwealth Ombudsman Iain Anderson determined that while the initial use of guns, a taser, and handcuffs during the arrest was appropriate and consistent with police training, the subsequent search of Jay was not. The report stated that the "opportunistic" search was inappropriate, especially after police realized Jay was innocent and had just experienced a traumatic event.

Jay was innocent, mistakenly arrested and subjected to the use of potentially lethal force.

— Iain AndersonCommonwealth Ombudsman, describing the situation the teenager faced.

Anderson's 130-page report, which reviewed extensive footage and interviews, concluded that the search "does not appear to be lawful." He described the incident as stemming from "a series of human errors." While the ombudsman found no evidence that race played a role in the use of force, he noted the incident has had serious repercussions for Jay, his family, and the relationship between ACT Policing and the ACT's Aboriginal and Torres Strait Islander communities.

Altogether, the incident lasted just under four minutes. But it, and its aftermath, have had serious repercussions for Jay and his family and on the already fragile relationship between ACT Policing and the ACT's Aboriginal and Torres Strait Islander communities.

— Iain AndersonCommonwealth Ombudsman, on the impact of the incident.

"Great credit is due to Jay for how he responded in what would have been a terrifying and totally confusing situation," Anderson said, acknowledging the teenager's compliance with police instructions. The report found that police failed in their responsibility to Jay as a young Aboriginal person, particularly in providing appropriate aftercare following the ordeal.

Great credit is due to Jay for how he responded in what would have been a terrifying and totally confusing situation.

— Iain AndersonCommonwealth Ombudsman, praising the teenager's compliance.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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