Dramatic footage shows police officer appearing to strike teen up to 20 times during arrest
A NAKED disoriented 16-year-old boy screamed for help as he was beaten earlier this year by NSW police officers whose conduct is now being investigated in a Sydney public hearing.
NSW
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“Help, please help,” screams a naked, 16-year-old boy who is pinned to the ground by four uniformed police officers in the back of a dimly lit laneway in Byron Bay.
A NSW Police officer raises his hand with a baton and appears to strike the teenage several times as he lies on the ground.
Over the next two minutes and 49 seconds the officer appears to strike the teenager up to 20 times — with a baton in hand.
During the incident the teenager — who was drug affected — yells, “Stop it,” and “I’m not resisting”.
It was the early hours of January 11 this year and police had arrested the teenager after he had refused to leave the area near a backpacker’s hostel.
Now the Law Enforcement Conduct Commission is investigating whether one or all of the officers involved committed a crime or is guilty of serious police misconduct.
Today is the first day of a public hearing which will examine what happened on the night in question and three witnesses will give evidence about what they saw unfold in Lateen Lane.
The officers involved in the boy’s arrest will also give evidence but their identities will remain secret unless the commission decides otherwise upon handing down its findings.
In his opening address counsel assisting the commission outlined how the teenage boy had not tried to attack anyone, was unarmed and was not heard to make any threats.
“Although it is certainly the case that (he) was acting irrationally and was plainly intoxicated in some way, he had not attempted to attack anyone, either physically or verbally. He was plainly unarmed. He was shouting but, to the extent that anything could be made out, he was not either swearing or threatening,” Terence Rowles said.
“He suffered extensive bruising and one rib was fractured. There can be no doubt that, because of his interaction with police, he was in considerable pain and his distress was exacerbated by his intoxication,” he said.
He said police were confronted with an “unpleasant” situation in which they needed to remove the teenager from the area who appeared to be suffering from a mental illness and under the influence of drugs and alcohol.
How they went about the task of removing him was now the focus of this investigation.
Mr Rowles said police needed to use violence in certain situations but there was a limit.
“The law, however, imposes a limit on the use of force: it must be no more that is reasonable in the circumstances,” he said.
NSW Police refused to comment about whether the officers were still on active duty or had been suspended with or without pay.
“As the matter is currently subject to independent review it would be in appropriate to comment at this stage,” A NSW Police spokeswoman said.
Chief Commissioner and former NSW Supreme Court judge Michael Adams is presiding over the hearing — the first of its kind since the commission was formed, replacing the Police Integrity Commission.