Officer should be charged over 'excessive' arrest: LECC
THE Director of Public Prosecutions is expected to consider a brief of evidence which recommends criminal action against a police officer over the violent assault of a young person.
The Law Enforcement Conduct Commission held a string of hearings into the arrest of a 16-year-old boy in Byron Bay's Lateen Lane on January 11 this year.
A final report from the LECC was handed down in September, in which the commission recommended disciplinary and criminal action against one of the police officers involved in the arrest.
The senior constable is known only as Officer E.
The hearings heard this officer struck the teen with his baton 18 times.
A spokeswoman for the LECC has confirmed a brief of evidence had been handed to the Office of the Director of Public Prosecutions.
She said the brief recommended "that consideration be given to charging Officer E with assault occasioning actual bodily harm contrary to s 59 of the Crimes Act 1900 (NSW)”.
The commission's final report was also handed to a delegate for NSW Police Commissioner Mick Fuller.
In October, a NSW Police spokesman confirmed the office had received this, and said Officer E was on leave at that time.
From Operation Tambora, the LECC found Officer E used excessive force.
The teen, known only as AO, was holidaying in Byron Bay with his family at the time of the incident.
The investigation considered decisions by Officer E and colleagues, including whether the use of OC spray (by Officer D) and a Taser (by Officer E) were justified.
The use of repeated baton strikes was also considered.
The Operation Tambora report was presented to State Parliament upon its release in September.