The man’s head injury could be seen on CCTV. Police refused to call an ambulance

The sounds of the Aboriginal man repeatedly banging his head against his cell door rang out across the regional police station. A senior officer, sitting less than four metres away, shields his ear as he continues his phone call.

Despite a lesion so large it could be seen on CCTV forming on the man’s forehead, police never called an ambulance.

The police watchdog found that not taking the man to hospital exposed him to an “unjustifiable level of risk”. Credit: Stephen Kiprillis/Supplied

The man, who suffered from anxiety, depression and schizophrenia, hit his head up to 40 times in the 30 minutes after he entered custody. His behaviour continued for hours, slamming his head against the metal cell bench, the perspex door and the brick wall.

The movements were violent, forceful and repetitive, a report by the police watchdog found.

The man, known only as CAE, his treatment and a senior officer’s refusal to call an ambulance have been outlined in the report by the Law Enforcement Conduct Commission. It found the officer’s “unconscious racism” caused him to ignore the man’s severe self-harming behaviour.

CAE was a local known to police. The senior officer, who had 16 years’ experience, was aware of his mental health conditions, self-harming and suicidal behaviour, along with his history of drug and alcohol use, all of which are risk factors for people in custody.

CAE was arrested in a regional town for breaching an apprehended domestic violence order. Two months prior, he had gone to the home of his former partner, where he physically assaulted and made threats against her.

The headbanging began almost as soon as he was in the police truck, and continued once placed in a clear perspex cell at the station around 11pm.

The senior officer told the commission he assumed CAE was banging his foot but didn’t bother to check. He was scheduled to be checked on every 60 minutes, the maximum interval allowed by the custody management system.

When the banging escalated at 11.30pm, with CAE slamming his head against and punching the perspex door, officers entered the cell and spoke to him. Three officers told their senior officer an ambulance should be called, but he declined.

Headbanging is listed in the police standard operating procedures as a behavioural indicator of distress and a warning sign that the person in custody is at risk of self-harm.

‘[The officer’s] view was that Aboriginal people in the ... community often attempted to manipulate the system in this way.’

Law Enforcement Conduct Commission

When CAE was pulled from his cell at 1.30am to take charge photos, the large lump was clearly visible. However, the senior officer decided the man’s “calm” demeanour meant he could be driven 90 minutes to the city police station. The regional hospital was a two-minute drive away.

On the drive, CAE’s self-harming behaviour continued with him banging his head about once a second, the sounds captured on the police radio recording.

He hit his head so fiercely against the metal cages that it shook the police vehicle.

The senior officer asked the city police station to have an ambulance meet them at the station. However, the city custody manager told the officer to take CAE directly to the city hospital.

Upon arrival at the hospital, CAE was diagnosed with a brain bleed.

A critical incident was declared. It was revoked three days later after it was found there was no evidence that CAE had sustained a serious injury.

The report, tabled in parliament this week, found the senior officer’s decision not to call an ambulance was influenced by unconscious racism.

“He considered that CAE was attempting to manipulate police decision-making by self-harming in an effort to prompt police to take him to a hospital rather than into police custody,” the report stated.

“[The officer’s] view was that Aboriginal people in the Regional Town community often attempted to manipulate the system in this way.”

The senior officer accepted that he should have called an ambulance from 11.30pm, half an hour after CAE was placed in his cell, and again when taking his charge photos at 1.30am.

He further acknowledged that the decision to transport CAE to the city exposed him to an unjustifiable level of risk.

A spokesperson for NSW Police said the report was under review.

“The recommendations will be considered in due course,” the spokesperson said.

Police Minister Yasmin Catley said the incident was “distressing”.

“Looking after vulnerable people in custody is an important responsibility,” she said.

“The government, and the NSW Police Force, is committed to developing a strong, positive relationship with First Nations communities across the state.”

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