AFP search of Aboriginal teen in Canberra likely unlawful, Ombudsman says

Australia’s national law enforcement agency has been criticised for not having a “clearly understood” definition of racial profiling after police pulled guns on an Indigenous teenager they mistook for an aggravated burglary suspect.

The Commonwealth and ACT Ombudsman has made eight recommendations to the Australian Federal Police and ACT Policing after it finalised a probe into the mistaken arrest of an Aboriginal teenager in Canberra’s south last year.

On November 11, 17-year-old “Jay” boarded a bus in Woden, taking a seat at the back, before it departed from the interchange with more than 20 people on board, including other children.

A few minutes later, three police officers entered with guns drawn after ACT Policing stopped the vehicle. Jay was taken off the bus and brought to the ground, handcuffed and arrested before police realised he was not the person they were looking for.

The teenager was released and apologised to, then searched and put back on the bus.

On Tuesday, the Ombudsman’s investigation found the 17-year-old had been “searched inappropriately and seemingly unlawfully”.

Police failed in their responsibility to Jay as a young Aboriginal person who had been through a traumatic experience at their hands, the watchdog said in a statement.

“An innocent youth sitting on a bus was removed at gunpoint and the events that followed have had a significant ongoing negative impact on his wellbeing and mental health,’ ACT and Commonwealth Ombudsman Iain Anderson said.

The watchdog found communication issues between police officers and missed opportunities for identification of the actual offender.

Though the Ombudsman found no evidence Jay’s Aboriginality led to increased use of force, it was concerned the AFP did not have a “clearly understood” definition of racial profiling.

It recommended ACT Policing review its “use of race as a proxy to describe a person’s physical traits and adopt objective descriptors”.

”Multiple reviews have made recommendations on how ACT Policing can improve its relationship with the ACT’s Aboriginal and Torres Strait Islander communities,” Mr Anderson said. “This incident and the community reaction suggest there is still much work for ACT Policing to do, including listening and reflecting on hard truths”, he said.

The AFP Professional Standards Unit (PRS) determined discrimination did not influence Jay’s mistaken arrest, but the search was a “serious breach of the AFP Code of Conduct”, the agency said in a statement.

“When removed from the bus, the young person was searched. The search happened after it was clear that he was not the offender,” the AFP said.