Special reports

Operation Darby

15/05/2016

This report outlines an investigation into Mr Nassir Bare's complaint against Victoria Police.

In the early hours of 16 February 2009, Mr Nassir Bare and three others were stopped by Victoria Police officers and arrested in relation to the theft of the motor vehicle in which they were travelling.

During the arrest it is alleged that the arresting officer, Constable Anthony Hassett:

    1. used excessive force against Mr Bare by:

    • deploying Oleoresin Capsicum (OC) spray in his face while handcuffed
    • grabbing him by the hair and hitting his head on the gutter three or four times causing him to cut his chin and chip his teeth.

    2. told Mr Bare, 'Youse black people think you can come in this country and steal cars after we gave you a second chance' or words to that effect.

    • In February 2010, a complaint was lodged with the then Office of Police Integrity alleging excessive force and racial discrimination by Victoria Police during the arrest of Mr Nassir Bare. The OPI decided to refer the matter to Victoria Police for investigation, however, that decision was subject to legal proceedings, which resulted in the Court of Appeal returning the matter to IBAC to make a fresh decision in relation to the correct course for dealing with the complaint.

      Following a thorough assessment of the matter IBAC decided to investigate the original allegations.

    • IBAC interviewed Mr Bare, the subject police officer, civilian and police witnesses, and reviewed available documents from the time, including medical records and Victoria Police records. IBAC concluded there was insufficient evidence to substantiate the original allegations. The complaint was closed with no further action.

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