Annual Report 2004-2005 Ombudsman 27th Report
Tabled paper 283
Tabled papers for 10th Assembly 2005 - 2008; Tabled papers; ParliamentNT
Tabled By Claire Martin
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
_________________________________________________________ Ombudsmans Annual Report 2004/05 72 subjects elbow from moving out. The subjects arm is bent off of their back to effect control/compliance on the wrist and shoulder of the subject. The JRC noted that a Use of Force report was completed, which stated that force was used on the complainant because of her violent behaviour. On the evidence of both the complainant and the officers present, the JRC was satisfied that the use of force in taking the complainant to the ground was justified, and was not excessive. The complainants allegation that she was treated roughly by a female Auxiliary in the watchhouse was substantiated. The JRC was informed that the Auxiliary had been charged with a disciplinary offence as a result of her actions toward the complainant. The manner in which the Auxiliary spoke to the complainant was also considered unprofessional by the JRC and the JRC recommended that she have brought to her attention that when dealing with difficult prisoners the use of such language and the use of language which could be perceived as a threat is inappropriate and unprofessional. The JRC also noted that it did take some time for the complainant to be conveyed to the hospital, however, the request was not refused. The JRC was of the opinion that the allegation that the complainants initial request to go to hospital was refused was not substantiated. 11. Caught in Cross-Fire The complainant was caught up in an operation by the Tactical Response Group (TRG) members of the NT Police, leading to him being apprehended and he and his vehicle being searched. He complained about the way this was carried out, in particular: That he was verbally abused by apprehending police That he had a gun pointed at him during his apprehension That police tied his hands together too tightly and slammed him against the side of a fence That while apprehended, police photographed him, and removed his mobile phone and wallet That he was not offered an explanation as to the reason for his detainment. That police caused damage to his mobile phone, vehicle and CD stacker A detailed investigation of the complaint was conducted by the Professional Responsibility Division of the Northern Territory Police on behalf of the Ombudsman, under the supervision of the Joint Review Committee (JRC). The JRC was satisfied that intelligence was such that it justified the high-risk status of the operation. The person of interest was not the complainant but his friend, who was with the complainant at the time. In respect of the circumstances surrounding the search of the complainant and his vehicle the JRC concluded that TRG members had reasonable cause to do so, and that the