A NSW Police officer who assaulted an Aboriginal teenager continues to be employed by the force, 18 months after they were found guilty.
Last week, Ryan Barlow, 30, had his appeal for assault occasioning actual bodily harm rejected in the District Court after being found guilty in May last year.
Barlow deployed a controversial leg sweep manoeuvre on an Aboriginal teenager - who was 16-years-old at the time and can't be named - in 2020. They suffered cuts, a chipped tooth, an injured mouth as well as pain to his right knee and shoulder, face, jaw, and neck.
In December, Barlow avoided prison time, but was convicted and sentenced to an 18-month community correction order with supervision as well as being required to undertake 125 hours of community service work —reduced to 95 hours on appeal.
Despite Barlow having been found guilty of the offence 18 months ago, he has remained employed - on pay. After his quashed appeal on Friday NSW Police declined to answer questions on his employment future.
A spokesperson for the NSW Police told National Indigenous Times: "The officer remains a member of the NSW Police Force and is currently away from the workplace."
It is not clear when Barlow will return to work.
A spokesperson for NSW Police Minister Yasmin Catley told National Indigenous Times the minister does not comment on police employment matters.
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Video of the incident in 2020, filmed by the boy's friend, showed the victim - who can't be named - saying, "I'll crack you across the jaw, bro" from four metres away when Barlow and two other officers approached the boy and his friends in Surry Hills at around 5pm.
Barlow immediately moved towards the boy, telling him to turn around and place his hands behind his back. The boy replied, "What the f**k?" but complied.
Over the next six seconds, Barlow deployed the sweep manoeuvre to bring down the child, who never moved towards the officer.
In the video, the boy is heard telling Barlow whilst he is on the ground that he "can't f***ing stand up" and then, "you didn't have to hurt me".
Barlow said he felt threatened by the boy, who he argued tried to kick him and his fellow officer.
"My review of the video footage does not show the complainant kicking or shaping to kick. His legs and feet are seen to move as he is being manoeuvred and he appears to be off balance," Appeal Judge Catsanos said on Friday.
"I do not accept that the video has failed to show something that was there."
Judge Catsanos was critical of the lack of a mention of the kick in either "contemporaneous verbal exchanges" or the Computerised operational Policing System (CoPS), calling it "conspicuous".
"One would expect the complainant's threatening behaviour would be provided as an explanation for the leg sweep and would otherwise be an important part of the narrative,' he said.
Judge Catsanos said he found the video footage to be "compelling," stating: "I cannot accept that anything in the complainant's conduct could reasonably be construed as intimidating."
"The words he used were unfortunate. However, they were said from some metres away, they were not said aggressively, and they were against a background of non-aggressive conversation between the complainant and the probationary constables."
It backed up the statement from Magistrate Rami Attia in the original trial, who said: "The description of violent resistance is simply not accurate."
On Friday, chief executive of the National Justice Project - who represented the victim - George Newhouse, said they were happy to see justice for their client in the case of "police brutality".
"The video evidence of this assault was truly shocking, and it is no surprise the appeal was dismissed," Mr Newhouse said.
"It is a real shame that the trauma our young client suffered has been compounded by the officer's actions since in dragging this out through the courts".
The NSW Police have been heavily criticised for actions believed to target First Nations groups and communities.
This includes data revealing Aboriginal children are more likely to be strip searched, and communities with large Indigenous populations more likely to be monitored and fined during the COVID-19 lockdowns, pushing already disadvantaged families into financial hardship.
The Law Enforcement Conduct Commission (LECC) have also been critical, highlighting incidents of coercing Indigenous children as young as ten to participate in interviews against legal advice, and police not wearing body-worn video (BWV).
