He鈥檚 beloved around the Sydney CBD for his cheeky but peaceful protests. But Danny Lim was in a 聽after sustaining injuries during a violent arrest by New South Wales Police on November 22.
78-year old Lim is a Sydney icon. He was wearing his trademark sandwich board sign 鈥 鈥淪MILE CVN鈥橳! WHY CVN鈥橳?鈥 鈥 when police聽confronted him.
He was arrested for a similar sign past and went to court for alleged聽聽but the court confirmed wearing such a sign聽.
In fact, the use of more force than necessary is considered an assault under the law, and given the state of Lim after the incident, the conduct of police likely amounts to the crime of聽.
The incident happened after police were called to the Queen Victoria Building by security guards shortly before 11am. Two聽police grabbed Lim, shoved him to the ground face first and handcuffed him as he lay vulnerable.
In the footage, a witness can be heard gasping in shock at the police actions. Lim is slightly built and is an elderly man. He could have been, and should have been, treated with more care, especially given the law makes clear police are allowed to use聽 than reasonably necessary during an arrest.
Failure to follow 鈥榤ove on鈥 direction
New South Wales Police said Lim declined to leave 鈥渨hen asked鈥. 鈥淧olice will allege the man was subsequently issued with a move-on direction by officers and failed to comply,鈥澛燦SW Police said.
鈥淭he man鈥檚 arrest was discontinued after he struggled with police and sustained an injury to his cheekbone.鈥
In the footage, passers-by can be heard gasping at Lim鈥檚 injuries and his blood on the tiled floor.听Lim may have neck injuries and internal skill damage.
Police have promised to review body cam footage of the officers involved in the arrest and聽undertake a review.听When can we begin to expect that officers will be appropriately trained when arresting people?聽
Lim is known to police as he聽was . Both times, as in this case, he posed no threat to armed police officers.
Lim was successful in the courts on both occasions over charges that his sign was 鈥渙ffensive鈥. The magistrate in 2019 was聽鈥櫬燽别丑补惫颈辞耻谤.听
Similar kinds of police misconduct issues are in the spotlight in Queensland, following a recent聽聽which delivered a scathing report into the 鈥渂roken system鈥 and a 鈥渇ailure of leadership鈥 over many years. The Queensland government has pledged $100 million towards reforms.
No appetite for real change
The New South Wales government, on the other hand, has so far lacked the appetite to investigate police behaviour in any meaningful way, despite the escalating concern.
Despite promises by Karen Webb, the new Police Commissioner, who outlined in her initial media conference a vision for 鈥渂etter and more connected community and workforce,鈥 little聽.听
Most preschool and primary school children are taught that police officers are a source of safety 鈥 a 鈥済o to鈥 should they ever find themselves in trouble and without a grown-up they know.
Police also take an oath to 鈥渟erve and protect鈥 but increasingly the reality is quite different.听Police officers in NSW have become a source of fear because there is just no way to predict how or when they might聽辞谤听聽that seems vastly unjustified.
奥丑别苍听聽posted the video footage of Lim鈥檚 arrest,听it pre-warned viewers that some might find the content 鈥渄istressing or confronting鈥.
Is this the new normal?
Time and again, officers who cause harm are not held accountable and are still paid to patrol the streets, leading them to be聽鈥.
NSW Greens鈥 police spokesperson Sue Higginson is demanding an independent investigation. 鈥淵ou can鈥檛 have police investigating police,鈥 she said. 鈥淣ot having an independent investigation into this is completely what the NSW police state looks like.鈥
Under section 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW),听聽to refuse or fail to comply with a direction given by a police officer without a reasonable excuse.
The section reads as follows:
鈥淔ailure to comply with police direction
鈥(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part.鈥
鈥淢aximum penalty 鈥 2 penalty units.
鈥(2) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct or any other relevant conduct.鈥
A penalty unit in NSW is currently $110, which means the offence is publishable by a fine of up to $220.
[This article was first published by and is reprinted with permission.]