The Law Enforcement Conduct Commission (LECC) is investigating the actions of NSW Police, following the widespread publication of videos showing officers using force against people - including men who appeared to be kneeling in prayer - during the recent Isaac Herzog protest in the Sydney CBD.
One clip shows a police officer throwing numerous punches at a man’s head and kidney region as he was pinned on the ground.
What happens next may depend on whether the investigation is held in public or behind closed doors, according to Redfern Legal Centre's Samantha Lee, who explained to the National Account how the watchdog operates.
What the watchdog can do:
Make findings, form opinions and issue recommendations
Refer potentially criminal matters to the Director of Public Prosecutions
Hold public hearings with full transparency
What it can't do:
Make legally binding recommendations
Initiate prosecutions
"The public can trust the watchdog to abide by their legal obligations," Lee said. "However, those legal obligations are limited."
The public hearing question: Lee says a public hearing, similar to the strip search inquiry in 2018, is critical to maintaining community trust.
“It allows for the public to have some confidence in these watchdogs, because they can see the workings of what's going on. I think confidence can be reduced when everything happens behind closed doors.”
On the footage itself: Based on footage she had seen, Lee said some officers should be stood down from frontline duties pending the outcome of the investigation.
The bigger picture: Lee claims that the use of excessive force is becoming more widespread within NSW Police.
“When something like this is allowed to fester … it does take on a new level of [legal] exposure. I'm surprised now how many police - even knowing that there [are] mobile phones around and body-worn video footage - are still showing levels of excessive force and thinking nothing is wrong.
“To me, this says they are not turning their mind to the legal thresholds of excessive force, or they don't know about the legal thresholds, and no one is pulling them into line.”
Watch the full interview below: