A NSW Police officer engaged in serious misconduct and unreasonable use of force when he injured an Aboriginal teenager by throwing a torch at his head, an independent body has found.
The officer’s failure to switch on his body-worn camera as well as not reporting the incident on November 21, 2020 was serious misconduct, according to a Law Enforcement Conduct Commission report delivered on Thursday.
The report recommended considering dismissing the Hunter region officer or seriously disciplining him.
On the night of the incident police dispersed a gathering at Charlestown Skate Park, Lake Macquarie, which included the 16-year-old boy.
The boy said he felt “felt threatened and fearful” after he was later approached by police while waiting at a bus stop with his girlfriend about 2am.
Police believed the boy may have been involved in a robbery, which proved to be incorrect.
He told the inquiry the officer said to him, “come here, c***. Come here, c***.”
"He was like aggressive ... and then he started running for me, so I turned around and started running and like two seconds after I just felt a big bang, right in the back of my head," the boy said.
According to the officer he did not intend to hit the boy in the head with the torch, who at the time he estimated was about seven to 10 metres ahead of him.
The boy was left with a small laceration to the back of his head and did not require treatment.
The officer spoke to the inquiry on the condition his evidence could not be used against him in a criminal prosecution.
He said he threw the torch to slow the boy down and was intended to "take his legs out", not hit him in the head.
"I’ve started chasing him. He was getting too far away for me to catch him. At that time, I did have a small Pelican torch in my hand," the officer told the inquiry.
"So I took it as an opportunity. I’ve thrown it. However, that didn’t go to plan. Inadvertently, it has hit him in the back of the head."
The boy was later arrested and handcuffed on the ground which was filmed by his girlfriend. Both were placed in the back of a police vehicle before being released after less than 30 minutes.
Chief commissioner Peter Johnson SC said having body-worn video of such incidents was critical.
“This investigation illustrates the need for body-worn video cameras to be activated when police interact with a citizen," Mr Johnson said.
A NSW Police spokesperson said the commission's findings had been noted and a decision would be made on the fate of the officer.
"The NSW Police Force will formally respond to the specific recommendations and findings made by LECC," they said.
