An investigation by the Law Enforcement Conduct Commission has found no evidence of police misconduct during an arrest that left a 14-year-old Aboriginal boy hospitalised with his "cheek torn apart."
The boy, referred to as 'KRO1', was injured while being arrested after police pursued a stolen vehicle in which he was a passenger on 18 August 2020 in Western Sydney.
“The Commission was satisfied that the injuries caused to the young person were not inflicted intentionally or as a result of unreasonable use of force,” Commissioner Lea Drake said of the investigation, termed Operation Krosno.
But the Commission also found his injuries were the result of being tackled by an officer (KRO6), something they deemed unnecessary for the circumstances.
After being admitted to Westmead Children’s Hospital, the 14-year-old told medical staff he was repeatedly kicked and punched by police and hit with their radios.
“I could see like stuff hitting me in the head, like black stuff hitting me in the head,” he told the Commission.
However, the Commission found his injuries to be most likely sustained from falling against a shipping container that contained metal handles and hinges, and potentially from being struck by another officer referred to as 'KRO3'.
“A young slightly built adolescent had at one point four police officers wrestling with him with at least one of them striking him three times. To KRO1 this may well have felt like he was being punched and attacked by several police officers, possibly with police radios,” the report said.
“Any struggling and screaming done by KROI following his being tackled by Officer KR06 can only be considered a reasonable reaction to having his cheek torn apart on the container.”
The report also said it was "regrettable" that none of the five police officers involved in the incident were wearing body cameras and recommended their "greater use."
In its findings, the Operation Krosno report determined the absence of police command and control resulted in irrational decisions about how the arrest could have been made without injury.
The institution of operational checks has also been recommended by the Commission to ensure that injuries that arise during a police operation are recorded.
