South Australian police officer cleared of using excessive force

A police officer who punched a man after he spat in the officer’s face won’t face punishment.

A South Australian police officer has been cleared of using excessive force during an arrest. Picture: 7 News

A South Australian police officer who punched an alleged graffiti vandal after he spat in the officer’s face has been cleared of using excessive force by an internal disciplinary inquiry.

In a case that was being watched closely by police nationally, the unnamed officer, who was captured on phone video hitting the spitting offender, will face no sanction over his actions.

SA Police Commissioner Grant Stevens on Friday broke with standard practice by revealing the outcome of the internal SAPOL inquiry due to the high level of interest in the incident, which occurred in July this year when three men were caught by police vandalising property in Adelaide’s south.

As a result of that incident, a 22-year-old man, Clarence Rahana Sydney Yates, was charged with mark graffiti, resist arrest and assault, with the police statement saying at the time that the accused “assaulted police including spitting on the face and arm of an officer.”

However, the two friends of Yates filmed his arrest, which shows the officer hitting their friend.

Phone camera video taken by the men shows them launching a profanity-laden tirade against the officer after his hand comes into contact with Yates face.

“You smacked him in the face you dog. You’re f..ked! You’re f..king done, dog! You pig! You f..king pig!” the men say on the recording.

Video has emerged of a Morphett Vale vandal being punched in the face while handcuffed. The suspect denies claims he spat at officers - saying he was aiming for the ground. Report in 7NEWS at halftime during the @PAFC vs Brisbane game. https://t.co/8ftPfFYTVQ #7NEWS pic.twitter.com/wlpZiU35nN

— 7NEWS Adelaide (@7NewsAdelaide) July 14, 2019

“Normally I don’t talk about disciplinary inquiries but there are occasions where it is appropriate and this is one because there was so much media attention,” Commissioner Stevens said on Friday.

“The substantive matter that this person is dealing with is still going through the courts but we have conducted an internal inquiry, a disciplinary inquiry in relation to the conduct of the police officer, and the determination is that there will be no action against the police officer.”

The SA Police Association has spoken to the officer in question and was steeling itself to mount a spirited defence had he been charged.

But on Friday Commissioner Stevens went into bat himself for the safety of all his officers and their right to defend themselves.

“Police officers confront extremely dangerous situations, violent situations, all too frequently,” he said.

“My expectation is that they will take reasonable action, appropriate action, to protect themselves. I expect police officers who are protecting the community to be able to go home every night safely and without being harmed.

“If you threaten a police officer you should expect that the police officer will take action to mitigate that threat, and I have absolute support for the police officers that take that action.”

Commissioner Stevens stressed that the police inquiry was not purely internal but had also been ratified by the Office of Public Integrity.

“They have identified no issues with our determination,” he said.

“We take these matters very seriously. The use of force by police officers is one of the privileges police officers have in order to do their job properly so whenever there is an allegation of use of force we look at it very seriously.”