NSW Police officer found guilty of assaulting an Indigenous teen
Image: Ryan Barlow leaving court. Image: AAP Image/Flavio Brancaleone
By TILEAH DOBSON
The NSW Police officer who viciously injured an Indigenous teenager back in 2020 has now been found guilty of assault after causing bodily harm over the arrest.
The officer, Constable Ryan Barlow was found guilty of assault three years after the incident, in which he caused the teenage boy to fall face-first onto the ground as his arms were restrained.
The 31 year-old officer had told the Downing Centre Local Court during a hearing last year that the verbal threat made by the teenager made him feel “intimidated,” after three officers had approached the 16 year-old in Ward Park.
City Hub cannot disclose the teen’s identity due to legal reasons, but footage of the incident had shown the teen standing nearby with his arms crossed over his chest with two other teens and initially were discussing with the officers on whether police should swear on duty.
One officer denies the accusation that he’s been swearing, saying “I didn’t say that at all mate, you need to open up your ears!”
“What? I heard you from over here, I don’t need to open up my ears. I’ll crack your f**king jaw bro!” the teen said back.
It was from there that Barlow approached the teen and ordered him to turn around and place his hands behind his back. The teen swore once more but complied and even got onto the ground after Barlow instructed him to.
Barlow held the teen’s arms behind his back when he then proceeded to spin him around and use his leg to sweep the teen’s legs out from under him, causing the teen to fall face-first to the ground.
The Magistrate’s Decision
All of this occurred over six seconds, according to Magistrate Rami Attia as the court heard the evidence. At an earlier hearing, the court was also informed that the leg sweep manoeuvre was not taught to members in the NSW Police Force.
And while it isn’t taught, the move isn’t prohibited either, leaving Attia to decide whether “the use of force by the accused … was reasonably necessary to make the arrest of the complainant or not,”
Through the video evidence gathered by the police body-worn cameras and the smartphone footage captured by the teen’s friend, Attia had decided that beyond the verbal threat, the teen hadn’t done anything that would be considered a threat.
Attia went on to say that the teen’s body language when he spoke the threat could be described “uncontroversially as neutral” over Barlow’s claim of “defensive.”
Barlow had told the court the reason he had swept the boy’s legs out from under him was a response to the teen lifting up his leg off of the ground as if to kick Barlow. However, Attia had found this statement did not corroborate with the evidence.
Attia also disagreed with Barlow’s description of the teen’s behaviour, which he labelled as “violent resistance.”
“Nothing that I can see that shows resistance by the complainant,” Attia said.
After the incident had occurred, the constable’s actions were chalked down to him “having a bad day” by the then Police Commissioner Mick Fuller.
“Thankful That The Law Has Been Applied.”
CEO of the Metropolitan Local Aboriginal Land Council (MLALC), Nathan Moran told City Hub that the MLALC was “thankful that the law has been applied and Ryan Barlow has been found guilty by the courts for committing assault on a 17 year old Aboriginal youth when undertaking his job.”
“MLALC acknowledges finding of the court that Mr Barlow’s claims of being “kicked” as reason for the assault were not factual is heart warming and hopefully serves as a precedent for NSW Police,” he said.
“MLALC now hopes that this leads to ensuring police observe the laws that they uphold and ensure that they do not commit assaults on Aboriginal youth and or Aboriginal people.”
Aboriginal Legal Service also supported the court’s decision, tweeting that “police accountability is essential for justice.”
Police accountability is essential for justice. We welcome today’s judgement showing that police officers are not above the law. https://t.co/lV28XHCzWd
— Aboriginal Legal Service (@ALS_NSWACT) May 22, 2023
