Indigenous girl locked up after clerical error

[curious]

Re- 'bombing' at Gosford pool

Indigenous girl locked up after clerical error
JOEL GIBSON LEGAL AFFAIRS
July 23, 2010

SIX months after police were called to a public pool because she was doing ''bombs'' near children, a 14-year-old indigenous girl has spent six hours in custody in Tamworth police station.

The girl's detention was the result of an administrative error on Tuesday, police said, but legal experts criticised their handling of the case from the beginning as questionable.

The saga began when the girl was arrested at Gosford Olympic Pool with two male friends in January ''to prevent an imminent breach of the peace'' after a manager called police about their behaviour.

She was then sprayed with capsicum by police after refusing to get into a police wagon, suffered an asthma attack and required an ambulance.

When she failed to attend court on charges of resisting arrest and using offensive language in Woy Woy earlier this month, she was convicted in her absence and a warrant was issued for her arrest, according to a source familiar with the case.

The girl, who cannot be named, turned herself in accompanied by her guardian at 9.45am on Tuesday in Tamworth, where she now lives.

''At 4pm the Oxley Local Area Command Duty Officer realised that due to an administrative error the girl had not appeared in court,'' the police media unit admitted in a statement. ''She was then immediately released on unconditional bail to reappear at the Tamworth Children's Court on the 17th of August, 2010. An inquiry into the incident has commenced.''

Police said the girl spoke to legal aid at 10.30am but it is understood she called a hotline and has still not seen a lawyer. The president of the NSW Council for Civil Liberties, Cameron Murphy, said the police actions seemed excessive, but charges of offensive language, resisting arrest and failure to obey a direction following minor infractions were all too common.

''They constantly complain about a lack of police resources,'' he said. ''What are they doing wasting all of these resources dealing with a kid involved in a relatively minor matter?

''In the past they would turn up and issue them with a caution. I think there's a problem now where police have a tendency to charge people with offences wherever they can to obfuscate any responsibility.''

The chairman of the criminal law committee of the NSW Bar Association, Stephen Odgers, SC, said police are not allowed to arrest a person to prevent a breach of the peace - only a person who has just committed an offence or is in the process of doing so, and only then if it is necessary to prevent a repetition.

Mr Odgers said he was not expert in the workings of the children's court, but ''I would have thought that if she did not turn up, the proper procedure would be not to enter a conviction but to adjourn and, if necessary, issue a warrant for her arrest to ensure she turns up''.

http://www.smh.com.au/nsw/indigenous-girl-locked-up-after-clerical-error-20100722-10mzx.html

 

[dibo]

Oh FFS. Arrested for doing intending to do bombs in a pool near other kids?

While she was swimming was she carrying a weapon or other item requiring capsicum spray? And leaving aside that question - what about the other kids, parents and others in the area? Seems bloody stupid to me.

And the charges - resist arrest and offensive language. Can anyone imagine a 14 year old who wouldn't be... vocally and physically resistant... to being arrested for having fun at the pool under threat of and then effects of capsicum spray?

And then jailed because of administrative errors. Fantastic.

 

[curious]

I assume administrative errors is code for not receiving, or receiving incorrect information regarding a court appearance?

The initial response isn't an unusual occurrence, Dibo, just the geography where it occurred. Sorry, but one has to wonder if the situation would have existed had it been a 14 yr old girl devoid of aboriginal appearance. 

Capsicum spray for a 14 yr old girl? Way to add another kid with a chip on their shoulder that won't go away.

 

[scottmac]

I would say that the boys involved would have to have had a bit to do with this as well. There is always more to a story than the printed version. The only news worthy part of the story is that she was a 14 yr old aboriginal girl.

For a manager of a pool to call police thay must have been warned repeatedly and then asked to leave before that happened.

Capsicum spray for a 14 yr old girl? Way to add another kid with a chip on their shoulder that won't go away.

As i said above, she probably wasn't the only one sprayed, there were 3 of them and it doesn't say how old the males were or what their part in this involved. It also doesn't quote the appearance (read colour) of the 2 males in the story either because it probably wasn't news worthy. Get it.

Sounds to me as though the chip was already well and truly planted before this happened.

 

[curious]

Sounds to me as though the chip was already well and truly planted before this happened.

Why do you presume that? And if your presumption was correct, it would only enlarge the chip, I presume. That's of no consequence to yourself?

You don't agree the capsicum spraying of a 14 year old girl during an arrest to prevent pool bombing is over an over the top reaction by adult police officers, unless fearful of their personal safety?

 

[Bex]

In my experience, newspapers are typically riddled with errors when it comes to matters like this. I'm not sure you can actually trust any part of that article at all - even stuff that appears to be simple fact.

 

[scottmac]

Sounds to me as though the chip was already well and truly planted before this happened.

Why do you presume that? And if your presumption was correct, it would only enlarge the chip, I presume. That's of no consequence to yourself?

You don't agree the capsicum spraying of a 14 year old girl during an arrest to prevent pool bombing is over an over the top reaction by adult police officers, unless fearful of their personal safety?

I'm saying that theres more to this story. There is nothing about the behaviour of the 2 males she was accompanied by. Who's to say she wasn't just collaterial damage in a argument between the 2 males and police? And who gets that far out of hand at a local pool that the police need to be called anyway?

As i said, thats not as news worthy as police spraying a 14yr old aboriginal girl for doing bombs at a local pool and then her getting locked up for it months later is it?

Hook line and sinker for you my friend.

 

[curious]

Who's to say?
Well, who's to say the facts regrading the girl's part in the incident  are anything more than what's reported? Your assertions of a likelihood of more than meets the eye, is as presumptuous as myself believing in the probability of  truth, my friend.

I'd think any 14 year old girl, regardless of heritage, getting arrested following pool bombing, sprayed with capsicum and mistakenly held in custody, would gain a newspaper report. You may disagree.

 

[Bex]

She probably slipped on a piece of capsicum, fell in the pool and the police put her in the off-duty paddy wagon to help her out 'cos her top was see-through after getting wet.

 

[Bex]

Then again, I could be totally wrong. But wouldn't mind betting the newspaper article misses as many pertinent facts as my version.

 

[scottmac]

Then again, I could be totally wrong. But wouldn't mind betting the newspaper article misses as many pertinent facts as my version.

My point exactly. Thankyou.

 

[dibo]

And of course, capricious and racist acts by police against indigenous people are completely unheard of. We'll see what comes out in the wash on this one I reckon.

 

[curious]

And of course, capricious and racist acts by police against indigenous people are completely unheard of. We'll see what comes out in the wash on this one I reckon.

Of course it's unheard of, that has never happened in Australia and never would.