NSW Police controversial incidents 'need review'

SPECIAL REPORT: There are fresh calls for an independent review process into controversial incidents involving the New South Wales police, after charges were recommended against some of the officers involved in the death of Brazilian student Roberto Curti.

Curti family backs commission DPP referral

Roberto Curti. (AAP)

There are fresh calls for an independent review process into controversial incidents involving the New South Wales Police.

They have been prompted by the recent decision to recommend charges against some of the officers involved in the death of Brazilian student Roberto Laudisio Curti.

His death is just one of a number of cases in which the police version of events has been challenged by subsequent inquiries.

The-drug affected student died after being repeatedly tasered and sprayed with capsicum in Sydney.

The coroner ruled that some of the arresting officers used excessive force and subsequently gave untruthful accounts of what happened.

For the family of Adam Salter, the Curti case has a familiar ring to it. Their mentally ill son was shot and killed at his home in 2009, with the coroner later finding that the police version of events was a disgrace.

The Salter family, fearing the consequences, chose not to be interviewed for this story but they agree with MPs who are calling for a radical overhaul of the way critical incidents involving the police are investigated.

"When you have someone killed as a result of police operations, where you have serious violence being instigated against someone in the course of police operations, that should immediately trigger a genuinely independent investigation by a statutory independent body," said David Shoebridge, a Greens member for the NSW Upper House.

"We can't have police investigating police in those circumstances".

The majority of critical incidents involving the police are investigated only by the police and in most instances no further action is taken.

But the most controversial ones come under the scrutiny of one or a number of oversight bodies including the Ombudsman, the Coroner and the Police Integrity Commission -- on occasions by all three, but often only when the matter is referred to them, sometimes weeks or months after the event.

"We need independent officers taking those first statements, being there in what's called 'the golden hour' after a critical incident occurs," said Mr Shoebridge.

Calls for one independent body, with investigative powers, have been made frequently over the years by civil liberties lawyers, but the proposal now has some significant backers, with the former long-running Director of Public Prosecutions in NSW Michal Kennedy telling SBS it's a no brainer.

"What police have to understand and what critics of the police have to understand is that it's not against the law to be an arsehole," Mr Kennedy said.

Former NSW Detective Michael Kennedy says it's not oversight that is the problem, but the entire model of policing.

He says that in the aftermath of the Wood Royal Commission into police corruption, a productivity model was introduced, linking budgets to the number of arrests, creating little incentive for the police to de-escalate situations.

"That interaction the police used to have and the dialogue and exchange have been replaced by a more violent ending and that's only been introduced in the last 20 years and I think if you're using capsicum sprays and Tasers to end a conflict, every now and again you're going to have a very unhappy ending".

The NSW Police and the Police Minister Mike Gallacher turned down a SBS request for an interview for this story, with the police minister's spokesman bristling at the mere suggestion that the system may be in need of reform.

But if the gay community gets its way the issue will be debated by the NSW parliament.

In the aftermath of a Mardi Gras that saw more than 100 complaints against the police, the NSW gay and lesbian rights lobby is attempting to get the 50,000 signatures necessary to force a debate on the issue in Parliament.



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By Brian Thomson
Source: SBS

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