Sculthorpe, Heather --- "Aboriginal Police Relations in Tasmania -- Recent Incidents" [1990] AboriginalLawB 34; (1990) 1(45) Aboriginal Law Bulletin 12

• Aboriginal Police Relations In Tasmania – Recent Incidents
• Woman Convicted For `Abusive' Conduct
• Police Failure To Obey Standing Orders
• Conclusion

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Aboriginal Police Relations in Tasmania – Recent Incidents

by Heather Sculthorpe

A recent decision by a Magistrate in Tasmania shows yet again that many police have learned nothing from the criticism of police practices and procedures by the Royal Commission into Aboriginal Deaths in Custody. Dismissing trespass charges against 3 Aborigines who had gone to police headquarters to check on their female friend detained in the watchhouse, and later to complain about police treatment of her the Magistrate found that:

• at the time the officer in charge of the station was telling the 3 concerned Aborigines that the prisoner was drunk and asleep in her cell and could not be disturbed, she had already been released on bail by that same officer;
• there was no evidence that the prisoner said to be drunk in the cells was in fact drunk to any degree;
• police witnesses giving evidence on oath could not be believed;
• despite evidence to the contrary by police, a written complaint about police treatment had been lodged by the prisoner.
• at the time of their arrest the 3 Aborigines were in the public enquiries office at the police station for the lawful purpose of lodging a complaint about police treatment of a prisoner, and hence the police were not entitled to ask them to leave.

Despite police having failed to change their practices as a result of the scrutiny and criticism by the Royal Commission, the Commission hearings contributed substantially to the defendants' win in this case. The defence was able to subpoena police documents which established its case; the very existence of such documents had been revealed only in the course of the earlier Commission hearings.

The Magistrate's view of the police conduct in arresting the 3 defendants for trespass and proceeding with the prosecution was implicitly indicated by an award of costs against the prosecution, an unusual measure in criminal cases.

Woman Convicted for `Abusive' Conduct

The outcome was not so encouraging in a case where 3 male police officers arrested an Aboriginal woman who was verbally protesting against the arrest of her companion for being drunk and disorderly.

The woman was handcuffed, dragged into a police car and taken to the police station by the 3 male officers who continually provoked her with insults such as "dirty black slut", "filthy whore" and obscene references to her mother. The vilification by police served its purpose; the handcuffed slender woman retaliated and was charged with 3 counts of assaulting police, resisting arrest, and improper language.

Naturally enough, there were no other witnesses to the police conduct. The woman pleaded guilty and was given a substantial fine.

Police Failure to Obey Standing Orders

Police failure to follow Police Standing Orders relating to Aborigines and children was revealed yet again in a case concerning the arrest of a 12 year old for the burglary of motor vehicles. Not uncommonly the police claimed to have been unable to contact the Aboriginal Legal Service and called in a child welfare officer without legal training as an independent witness. The child had been interviewed at length before the welfare officer arrived and made certain admissions. The child was drunk and falling asleep. Nevertheless, the formal caution was given and the record of interview took place. Numerous charges were laid as a result.

Conclusion

The above three incidents are particular examples of a more wide spread abuse of police discretionary power. Discriminatory use of discretionary powers against Aboriginal people, at each stage of the criminal justice process, is reflected in the disproportionately high number of Aborigines who come to police notice, are brought before the courts and ultimately bolster imprisonment statistics.