Justice advocates have labelled footage of a WA Police officer arresting an Aboriginal teenager as "aggressive”.
The WA Supreme Court ruled that former police officer, Constable Beavan Johnston unlawfully arrested a 16-year-old Aboriginal girl in November 2019.
Footage of the incident was released to the public after the verdict on March 3, which shows Mr Johnston using, what the court found as “disproportionate” force on the teenager.
The teenager, who was under arrest for assaulting a police officer at the time, was surrounded by seven officers – six of which were male.
Footage of WA Police arresting 16-year-old Aboriginal teenager in 2019. Source: Supplied
In the footage, Mr Johnston repeatedly shoves the girl, who was originally approached by police on suspicion of street drinking. Leaning against a parked car, she refuses to state her name before being confronted by Mr Johnston and pulled off the car.
Despite raising her hands, and repeating the phrase “don’t touch me”, the girl shoved against a bin.
Officers surround the teenager and attempt to handcuff her. She kicks one before being forced to the ground and held down by multiple officers. Mr Johnston is shown placing his knee on her back.
The teenager was charged with assault of a public officer at Perth’s Children Court in October of 2020 and placed on a good behaviour bond for six months. However, she appealed the decision.
Justice Jeremy Curthoys upheld the appeal, concluding that the arrest was unlawful and that the teenager had suffered a miscarriage of justice.
He noted that Constable Johnstone “exceeded what was reasonably necessary” when arresting the teenager and acknowledged the lack of evidence that suggested her behaviour was reckless and disorderly.
Noongar human rights lawyer and Associate Professor Hannah McGlade described the incident as “aggressive.”
Human rights lawyer Hannah McGlade. Source: NITV The Point: Kearyn Cox
“Why are six or seven officers needed in relation to one young girl? What was her crime?” she asked.
“This is an issue about racial profiling and aggressive treatment of Aboriginal women and girls by police. It's a long-standing issue and it can actually result in loss of life.”
The Associate Professor highlighted the incident as state-perpetrated gendered violence.
“This is violence. And we have, as a country, said we want to stop violence against Australian women and children. Yet we have officers of the law behaving in a violent manner to young Aboriginal girls,” she said.
As a former WA Police Officer, Greens Senator Dorinda Cox said the incident was disgusting and called for a full investigation of the matter.
"As a Blak woman, as a mother, and as a former police officer, I am absolutely disgusted,” she said.
reported that a WA Police Internal Affairs investigation was launched into the incident. However, Mr Johnston resigned before the inquiry was finalised.
WA Police Minister Paul Papalia confirmed to the paper that Mr Johnston was no longer an employee of the WA Police Force.
Justice advocate Meagan Krakouer claims incidents of this nature are common.
Mineng woman and National Suicide Prevention and Trauma Recovery project director Megan Krakouer Source: Aaron Fernandes/SBS News
“This is very common, it is still very much thematic of what happens in Western Australia. The difference here is that this one was caught on CCTV," she said.
"It really shows policing in Western Australia. They want relationships with Aboriginal people, yet they treat our children like that."
Whilst Mr Johnston has left the force, Ms Krakouer has called for the other officers involved to be held accountable - not only for the incident but for allowing the 16-year-old to be convicted despite the force used against her.
“There are laws here in WA, that say if you steal something, you’ll be charged with stealing. But if you’re in the company, you also get charged,” she said.
“Those other policemen were in the company, it is there obligation and responsibility to report on what is right and they have failed. There needs to be accountability and those ones need to have some kind of action as a result of their inaction.”
NITV News has contacted WA Police for comment.
