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Media Release - Operation Pamir
Serious misconduct findings made against three officers for their treatment of a vulnerable person in custody
Friday, 18 October 2024
The Commission has made findings of serious misconduct against three officers and recommended the NSW Police Commissioner take disciplinary action against three officers according to a new Law Enforcement Conduct Commission report.
The Commission’s report on Operation Pamir found the officers engaged in serious misconduct in their dealing with a vulnerable person in custody in May 2020.
One of the three officers attracted a finding of serious misconduct for putting false information to the 29-year-old Aboriginal man in custody during his interview, as well as inaccurate information in his statement.
The Commission also made a determination of serious misconduct against another officer after he interviewed the man even though he had been informed by the man’s legal representative that the man did not wish to be interviewed.
Both interviewing officers ignored the man’s requests to suspend an interview so that he could seek further legal advice, the Commission’s report noted.
And a third officer attracted a serious misconduct finding for failing to protect the man’s rights including his right to silence with the report noting his conduct “fell far short of the proper exercise of his important duties as custody manager.”
Chief Commissioner Peter Johnson SC said:
“The findings made in this report emphasise the importance of investigating police officers respecting the exercise of a suspect’s right to silence and the custody manager in a police station fulfilling their important duties concerning a person in custody.”
The Commission’s investigation arose from an Office of the DPP complaint after Judge Herbert of the NSW District Court made adverse comments about the conduct of the officers involved in the arrest, interviewing and custody management of the man.
The complaint followed the discontinuation of the prosecution against the man after Judge Herbert gave a pre-trial ruling that the man’s admissions were inadmissible.
The Commission considered similar issues that led to recommendations made in its Operation Mantus Report.
The Commission’s report into Operation Pamir can be found here and the Commission’s previous media release about Operation Mantus can be found here.
Members of the media and in-house counsel are advised you can report on the contents of the Operation Pamir report as it appears on our website.
LECC Media Contact:
T: 0425 317 535