Decorated police officer Shane Michael Lynch guilty of assaulting autistic boy during volatile scenes at primary school

The boy, who has autism spectrum disorder and ADHD, had been highly volatile and aggressive at school but a veteran police officer went too far, a court has found.

Leading Senior Constable Shane Lynch in 2020. Picture: Glenn Ferguson

A decorated policeman has pleaded guilty to choking an 11-year-old autistic boy during a volatile episode where the child’s behaviour prompted an attempted evacuation of a primary school.

As a result of the case, the boys’s parents are calling for change around how officers interact with neurodiverse children.

Shane Michael Lynch, 51, appeared in the Geelong Magistrates Court on Tuesday, having earlier pleaded guilty to one count of unlawful assault.

Magistrate Ann McGarvie sentenced Lynch to a six-month good behaviour bond, without conviction, and ordered he pay $300 to the court fund.

Following the hearing, a police spokeswoman told the Geelong Advertiser Lynch was currently performing a non-frontline role.

“Now the matter has been finalised at court, the officer will face a disciplinary hearing,” the spokeswoman said.

Court documents reveal police were called to a Geelong primary school on March 5, 2024, after reports the victim was assaulting other children and swearing at teachers.

The victim has autism spectrum disorder, ADHD and pathological demand avoidance.

The boy’s father had been contacted to collect his son, but when he arrived the victim “took off within the school grounds and armed himself with rocks and sticks”, court documents state.

Lynch was one of five responding officers. While the child was out of sight, police heard “three bangs” and raced around a building to find the school’s office window had been shattered.

It was shortly afterwards that the assault took place. The boy and his father were walking together when the child turned towards Lynch, swore and moved in his direction.

Lynch grabbed the boy around the neck with both hands for around three seconds.

He then grabbed the victim’s arms, and wrapped his left hand around the boy’s neck again.

On Tuesday, the boy’s parents read emotional victim impact statements, describing the significant and ongoing impacts of the incident, which the boy’s father described as the “most traumatic incident of (the victim’s) life”.

“Watching my son being hurt was horrifying,” the man said.

“I yelled repeatedly at the accused he had gone too far,” the man told the court.

He recalled his son hyperventilating following the incident, repeating: “Dad, I can’t breathe, I can’t breathe”.

The man said the incident had “shattered” his family’s trust in Victoria Police, and said he hoped it lead to change in how officers approached autistic children.

The victim’s mother said he had a sore throat and neck for days after the incident, and had begun watching police-related TV shows “over and over and over”.

“Many people in positions of authority failed him that day, but mostly Shane Lynch,” she said.

On behalf of her son, who struggles to articulate verbally, she read the lyrics to the Dean Lewis song ‘Falling Up’.

Lynch’s lawyer, Geoff Stewart, then quoted from an apology Lynch had written.

Lynch said it was “sad to me, that I failed you and your son on this occasion”. He also acknowledged the ongoing impact of his actions and thanked the boy’s parents for “advocating for (their) son”.

Mr Stewart said Lynch was “replete” with regret at his actions and his misjudgment, and had previously enjoyed an unblemished record as an officer for more than 20 years, even earning a commendation for “saving a person’s life”.

Ms McGarvie said, having watched the bodyworn camera footage, the boy was highly disregulated, volatile and aggressive towards the police – but it did not excuse Lynch’s actions.

She said Lynch was “not a rogue police officer” but he “made a very bad decision and he was being punished for it”, and that the boy’s parents feelings were “entirely appropriate”.

Originally published as Decorated police officer Shane Michael Lynch guilty of assaulting autistic boy during volatile scenes at primary school