Media Release - Law Enforcement Conduct Commission finds Custody Manager who ignored an Aboriginal man self-harming in custody engaged in serious misconduct

Monday 23 June 2025

Audience Advice/Warnings

Aboriginal and Torres Strait Islander people may find that this media release and report referenced contains words, descriptions and terms that are culturally sensitive. It also contains references to self-harm which may be distressing for some readers.

The Law Enforcement Conduct Commission has made a finding of serious misconduct against an officer who was performing the role of Custody Manager and recommended the NSW Police Commissioner take disciplinary action in a new report tabled in Parliament.

CCTV footage played to the Commission showed an Aboriginal man in mental distress repeatedly self-harming by banging his head on a metal seat and the dock wall leading to visible head injuries.

The sound of banging was loud enough to be heard in other parts of the police station.  Other officers came into the custody room to see what was happening. The other officers on duty could see the risk to the man in custody and suggested that an ambulance be called. However, the Custody Manager decided not to call an ambulance.

The Commission found that the Custody Manager’s decisions were driven by unconscious racism. Because the man in custody was an Aboriginal man, the Custody Manager treated him as if he was deliberately engaging in poor behaviour, rather than seeing the self-harm as a sign of a mental health impairment.

Commissioner Anina Johnson said:

"The Custody Manager’s views and actions do not match the standards set by the NSW Police Force in its Aboriginal Strategic Direction, where the Force has committed to calling out racism, discrimination and bias."

Despite having visible injuries, the Custody Manager decided that it was appropriate to drive the man for over an hour in the back of a police caged vehicle. The man continued to self-harm, using such force that it shook the police vehicle as it travelled along the highway.

This is another example of a Custody Manager’s failure to fulfil their important duties concerning a vulnerable person in custody (see reports in Operation Pamir, Operation Mantus).

The Commission investigation began with a critical incident investigation declaration after the man appeared to have sustained a serious injury when he was taken to hospital. That critical incident was later revoked which allowed the Commission to conduct this investigation.

The Commission’s report into Operation Eacham can be found here.

LECC Media

T: 0425 317 535

E: media@lecc.nsw.gov.au