Media Release - Presentation of LECC Report Operation Mokeno

LECC Report into investigation of NSWPF officer using unreasonable force on woman accused of shoplifting

Media Release

24.03.2022

LECC Report into investigation of NSWPF officer using unreasonable force on woman accused of shoplifting

The Law Enforcement Conduct Commission (‘the Commission’) furnished its report in Operation Mokeno to Parliament today.

The Commission investigated the conduct of an officer of the NSW Police Force (‘NSWPF’) who was alleged to have used unreasonable force during the arrest of a woman accused of shoplifting, in particular performing a leg-sweep causing her to fall and her head to hit the ground, before kicking her once with his right leg.

Private examinations were conducted on 9 and 10 February 2022, during which the officer who was alleged to have used unreasonable force, and two other officers who witnessed the incident, were shown video footage of the arrest. The officer alleged to have used unreasonable force maintained that his use of force was reasonable, because he considered that the woman suspected of shoplifting was violently resisting arrest. He conceded that in hindsight a different approach could have produced a better outcome.

Findings

The Commission is satisfied that the officer’s leg-sweep and kick were each an unnecessary use of force and that, as a result, he had engaged in serious misconduct.

The Commission has recommended that consideration be given to the taking of non-reviewable action under s 173 of the Police Act 1990 by the NSW Police Force against the officer and his current status of Leading Senior Constable be revoked, with the condition that he not be reconsidered for that position for a period of 12 months.

The Operation Mokeno report can be accessed on the Commission’s website.

Video

A video footage in relation to this report can be viewed here.