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Media Release Thursday 21 January 1999 MEDIA RELEASE
NSW Police Accept Responsibility for Racist Acts But the officer concerned refuses to apologise William He v. NSW Police Service Anti-Discrimination Board Thursday 21 January 1999 "On behalf of the NSW Police Service, an apology is hereby offered to you for any acts of discrimination on the ground of race in the provision of goods and services that may have been experienced by you, as outlined in your complaint to the Anti-Discrimination Board.” Brief facts are: In the early hours of January 18, 1996 a teenage passenger in Mr William He’s taxi refused to pay the correct fare and caused damage to his taxi. After reporting the crime to Mascot Police, Constable Kelly Diehm went to the teenager’s home with William but rather than chastising the young man, William alleges that she provoked a scuffle. A further officer grabbed William's hair and threw him onto the street, where he grazed his face. William was then charged with common assault, two counts of assault police and two counts of resist arrest. He was held at Mascot Police Station for almost 12 hours. All four charges were later dismissed. As a result of the charges, William lost his taxi licence for not being "of good character" and his fiancee broke off the engagement, plunging him into deep depression. After complaining to the NSW Ombudsman in April 1996, a report dated 17 August recommended: "1. That the Police Service make Senior Constable Diehm and Constable Weber aware in very clear terms as to how their poor handling of the original incident gave rise to a reasonable perception on Mr He's part of bias. 2. That in addition to apologising for the unprofessional conduct of Senior Constable Diehm and Constable Weber, the Police Service apologise for its own mismanagement of Mr He's complaint. 3. That in the light of the Police Service overall handling of this matter, consideration be given to either an ex-gratia payment in recognition of the unnecessary stress and trauma suffered by Mr He, or that this aspect be appropriately settled through the Anti-Discrimination Board process." The NSW Police Service failed to offer compensation to Mr He until Legal Aid (NSW) took up the cause and helped Mr He in his claim of racial discrimination. Mr He welcomes the compensation and apology but he still has one desire, to talk to Constable Diehm: "I just want her to understand the suffering that her actions have caused me", said Mr He today. Mandy Tibbey, Mr He’s Legal Aid lawyer said today: “Despite Assistant Commissioner Christine Nixon authorising the police to participate in a restorative justice process as a forum for dialogue, Constable Diehm refuses to attend a dialogue. Police officers have told Legal Aid that Constable Diehm will not be directed to attend such a dialogue”. Ms Tibbey went on to query whether the police were really serious about stamping out racism in the force. She said: "The police force has a restorative justice program which aims to enable offenders to take personal responsibility for actions which aggrieve other members of the community. It is ironic that a serving police officer who has been at the centre of such allegations refuses to participate in the force's own program." Contact: Mandy Tibbey: (02) 9219-5064 |
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