2009-01-29

No Legal Recourse For Aboriginal Man Humiliated By Australian Police On Publicly Posted Video

from ABC News

ASHLEY HALL: A man who a police officer made sing and dance in front of a video-camera has been told he won't be able to take legal action because of the Federal Government's intervention into the Northern Territory.

The video of a laughing police officer taunting a drunk aboriginal man has caused a furore in the top end. 

The Northern Territory Police says the officer has been counselled, and that's the end of the matter. 

But the incident has outraged locals who are calling this a case of blatant racism.

And some are angry the man won't be able to take action because the Government suspended the Racial Discrimination Act when it launched the intervention. 

Alice Brennan reports. 

ALICE BRENNAN: The video shows an Aboriginal man lying on the ground singing. 

He's then dragged to his feet by a police officer and told to sing and dance for the camera. 

POLICE OFFICER: Do a dance fella.

ALICE BRENNAN: He's then told to sing happy birthday and the officer behind the camera laughs. 

As the man is moved towards the police car the officer turns the camera on himself and swears into it twice. 

The Northern Territory Police won't comment further on the matter other than saying the officer has been investigated by the ethics unit and he's been counselled. 

And the Deputy Police Commissioner Bruce Wernham says the video isn't representative of behaviour in the force. 

BRUCE WERNHAM: These people they've had one little brain snap if you're like when they've done that and I don't know that they need to be crucified for what is certainly insensitive and we've said in our early release that we can certainly understand that this would be perceived and seen by many people to be humiliating and I guess it was. 

ALICE BRENNAN: The Chief Minister of the Northern Territory Paul Henderson has joined the outrage. But he has left the police to deal with the matter. 

PAUL HENDERSON: But I am absolutely understanding that it's been dealt with appropriately but it does not reflect the culture of the broader Northern Territory police. 

I'm very disappointed that an individual member would have posted it up on a public domain website. And it's certainly not the impression that we want to create in the Northern Territory.

ALICE BRENNAN: That impression has now spread far and wide. 

The video has been taken down off the website but not before it was viewed at least 3,000 times and previous attempts by police to have it removed failed. 

IRENE FISHER: I simply saw the phrase "an Abo dancing" and as an Indigenous person I found that extremely offensive. 

ALICE BRENNAN: Irene Fisher from Sunrise Health, an aboriginal health service in Katherine says more alarming than the movie itself is the lack of recourse available to the aboriginal man who was filmed. 

IRENE FISHER: Under the intervention people are exempt from the Racial Discrimination Act. This was to allow Government to do their special measures however, it also has that negative side that people have no rights to redress issues that are clearly, you know, discriminatory and unacceptable. 

ALICE BRENNAN: Ms Fisher says if the police won't pursue the matter, no one can. 

IRENE FISHER: It sort of shows that the police are tolerating that kind of behaviour and I think that clearly that's unacceptable

ASHLEY HALL: Irene Fisher from Sunrise Health and Aboriginal Health Service in Katherine.

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