A "horrifying" incident of police violence against an Aboriginal man is indicative of a broader culture of police abuse and impunity in the ACT, the Aboriginal Legal Service NSW/ACT warns.
First reported by the ABC's Four Corners, ACT police allegedly assaulted the man and subjected him to an unlawful strip-search, and internal police emails raised questions of whether police laid criminal charges against the man as punishment for other alleged offences that could not be proven; and whether the officer who led the assault exerted pressure for those charges to be dropped in order to avoid scrutiny.
The Aboriginal Legal Service (NSW/ACT) represented the man against charges of resisting and assaulting police, which were later dismissed after the ACT Director of Public Prosecutions failed to produce any evidence to support them.
The ABC's findings also indicate that an internal investigation by the Australian Federal Police's professional standards unit found that Sergeant Scott Budd used excessive force; attempted to adversely affect the honest and impartial performance of Constable Alexander Whittle's duties in sending the email pressuring him to drop charges; and engaged in corrupt conduct.
Neither ACT Policing nor the DPP have laid any criminal charges against Sergeant Budd or any other officers involved.
Acting CEO of the Aboriginal Legal Service NSW/ACT Sharif Deen said the incident is "a blatant and horrifying case of police misusing their powers to assault and punish an Aboriginal man".
"It raises serious questions about police misconduct and how the system responds to it," he said.
"Despite an internal police investigation finding that Sergeant Budd used excessive force and engaged in corrupt conduct, the only person who has faced criminal charges is our client. He was dragged to court only for the charges to be dismissed on the day. Worse still, at no point during the criminal proceedings were these matters disclosed by the prosecution.
"Where is the accountability?
"This is not an isolated incident. Police violence against Aboriginal and Torres Strait Islander people is systemic. Sadly, the Aboriginal Legal Service sees evidence of this every day."
Around the same time as this incident, another ACT Policing officer taunted an Aboriginal boy to attempt suicide in custody.
In 1991, among more than 300 recommendations for reform, the Royal Commission into Aboriginal Deaths in Custody recommended police treat detainees with humanity and courtesy.
During sentencing of the boy who was taunted in the above incident, Justice Louise Taylor said "it is a sad indictment on a modern police force that in 2025, recommendation 134 remains relevant".
A recent independent review found that systemic racism in government systems - including racial profiling by police - is driving the over-representation of Aboriginal people in the Australian Capital Territory's legal system.
The review by the UTS Jumbunna Institute for Education and Research made almost 100 recommendations, including a priority recommendation to conduct a review of systemic racism in ACT Policing. It also recommended the establishment of an independent oversight body with the authority to investigate complaints against ACT Policing, and to compel action in response to its investigations.
The ALS NSW/ACT said on Tuesday it strongly supported the establishment of an independent police oversight body.
"Independent police oversight is long overdue in the ACT. Police should never investigate themselves. Our communities will never have justice until there is real accountability," Mr Deen said.
The former ALS client involved in the news report is now working with a civil lawyer to sue the Commonwealth. The ALS said it will be monitoring these proceedings with interest and may have further statements to make in due course.
