Former police officer’s destruction of body-worn video and use of excessive force was serious misconduct, report finds

A former NSW constable who used excessive force on six separate occasions and destroyed incriminating body-worn video evidence has been found to have engaged in serious misconduct, alongside four officers he confessed to who didn’t report him. The findings, released by the state’s independent Law Enforcement Conduct Commission (Lecc) on Monday, could lead to a criminal investigation and potential jail time for the former New South Wales police officer. The Lecc investigation, named Operation Bendoc, found the former constable, 31, used repeated excessive force six times from February to April 2024 and disposed of two BWV devices containing incriminating evidence into a body of water. Related: Hannah Clarke murders: Queensland police made potentially critical mistakes, new evidence reveals The officer’s resignation from the NSW police force was accepted by the commissioner of police in June, a month after the Lecc began an investigation over concerns that he had engaged in excessive use of force during the arrest of two teenagers on 16 February. Officers had been responding to a report that four young people at a train station with weapons were attempting to fight another person. Two people, aged 14 and 15, were arrested, while the others couldn’t be found. Sign up: AU Breaking News email The report found the former constable physically threw one of the young people to the ground and kicked them with force as they screamed in “fear and pain”, and also delivered three kicks to the stomach of the other teenager. An affidavit prepared by a solicitor with the Aboriginal Legal Service after the event said their client was assaulted during the arrest and had grazes on his face. The former officer admitted to the commission he had used excessive force and disposed of devices. “I certainly felt so angry that my response was to lash out and kick him,” the former constable said to the commission of the February arrest. The former constable spoke to four other police officers about aspects of his conduct, including using excessive force on two instances and destroying BWV devices. They failed to report the suspected misconduct, the investigation found. The commission was satisfied their behaviour amounted to serious misconduct and recommended the police commissioner take reviewable action against them under the police act. It also recommended the NSW police force provide additional support to officers experiencing “excessive stressors” and potential mental health concerns, as well as enhanced training by the NSW police force on the duty to report suspected misconduct. The chief commissioner, Peter Johnson SC, said Operation Bendoc revealed “the repeated use of gratuitous force by a police officer for punitive reasons”. “This is deeply troubling. Punishment of offenders is a matter for the courts. It is no part of the function of police officers,” he said. Johnson said the destruction of BWV devices to “conceal an unlawful act” was also of “great concern”. “Strong action is necessary to deter officers who do not comply with these important requirements,” he said. “The reluctance of police officers to report knowledge or suspicion of misconduct by other police officers has been widely reported both in Australia and overseas. This approach erodes community confidence in the integrity of a police force.” The Lecc is independent of the NSW police force and NSW Crime Commission and is tasked with investigating the handling of complaints and possible serious misconduct, including via legislative review. The term “serious misconduct” includes conduct of a police officer that could result in prosecution of up to five years’ imprisonment or serious disciplinary action, according to the report. The Lecc has referred its findings to the director of public prosecutions for consideration.