NSW Police killing of Brad Balzan

[CD Xbow]

The dangers of proactive policing. Plain clothes coppers swarm an innocent teenager because he looks suspicious, who runs to his nearby home. Something happens, he gets shot, dies, read the story for yourselves. Police testimony is poor and contradictory. Policemen A gets not to testify on mental health grounds. This seems to be an increasingly common excuse, strangely often accepted by the courts,

CCTV caught Brad's final moments before he was shot after being stopped for wearing a hoodie

Brad Balzan died a violent death in his own backyard. Some are calling it "the worst outcome imaginable of proactive policing".

www.abc.net.au

 

[nominal_port_supporter]

The circumstances surrounding this seem particularly egregious and I hope his family at the very least are awarded a large compensation package.

 

[Kurve]

The dangers of proactive policing. Plain clothes coppers swarm an innocent teenager because he looks suspicious, who runs to his nearby home. Something happens, he gets shot, dies, read the story for yourselves. Police testimony is poor and contradictory. Policemen A gets not to testify on mental health grounds. This seems to be an increasingly common excuse, strangely often accepted by the courts,

CCTV caught Brad's final moments before he was shot after being stopped for wearing a hoodie

Brad Balzan died a violent death in his own backyard. Some are calling it "the worst outcome imaginable of proactive policing".

www.abc.net.au

This is one of the most horrific cases I've read, poor kid just ran to his house and plain clothes cops shot him in the backyard. Heartbreaking.

 

[Truckosaurus]

Having plainclothes cops doing this sort of work, it was only a matter of time before something went terribly wrong.

 

[MSB ROYS]

Horrific story.

 

[BFew]

01 Stop and Search | Where's Brad? - ABC listen

A 20-year-old is chased by four plain-clothes police officers into his western Sydney backyard. But he hasn't committed a crime. He hasn't even done anything wrong. He's shot twice, and then dies. In a special miniseries by Background Briefing, the final moments that led to this tragic incident...

www.abc.net.au

02 Stop and Search | Last Moments Before Gunshots - ABC listen

Brad Balzan is shot dead in his own backyard after a police encounter goes wrong. In episode two of Stop and Search, a new mini-series by Background Briefing, reporter Paul Farrell asks why was he running away, and why did the officers chase him down?

www.abc.net.au

03 Stop and Search | The Numbers Game - ABC listen

As the investigation into Bradley Balzan's death continues, serious questions are raised about how the country’s largest police force uses its search powers.

www.abc.net.au

Episode 4 out later this week.

 

[Makeshift Park]

The dangers of proactive policing. Plain clothes coppers swarm an innocent teenager because he looks suspicious, who runs to his nearby home. Something happens, he gets shot, dies, read the story for yourselves. Police testimony is poor and contradictory. Policemen A gets not to testify on mental health grounds. This seems to be an increasingly common excuse, strangely often accepted by the courts,

CCTV caught Brad's final moments before he was shot after being stopped for wearing a hoodie

Brad Balzan died a violent death in his own backyard. Some are calling it "the worst outcome imaginable of proactive policing".

www.abc.net.au

There's also a follow-up article by the same reporter on other proactive policing cases gone wrong out today.

The three crucial words police say they didn't hear when they botched this arrest – costing taxpayers $320,000

Exclusive data covering 4.3 million police searches has revealed a quota-driven culture that boosts search numbers at the risk of abusing police powers.

www.abc.net.au

 

[burge13]

The dangers of proactive policing. Plain clothes coppers swarm an innocent teenager because he looks suspicious, who runs to his nearby home. Something happens, he gets shot, dies, read the story for yourselves. Police testimony is poor and contradictory. Policemen A gets not to testify on mental health grounds. This seems to be an increasingly common excuse, strangely often accepted by the courts,

CCTV caught Brad's final moments before he was shot after being stopped for wearing a hoodie

Brad Balzan died a violent death in his own backyard. Some are calling it "the worst outcome imaginable of proactive policing".

www.abc.net.au

How bloody ridiculous that cop doesn't have to testify to save his mental health. That is blood boiling shit tbh

Where was his thought for other people's mental health chasing innocent people into their backyards. Hope the judge sees sense and makes him answer

 

[jason_recliner]

"

There's also a follow-up article by the same reporter on other proactive policing cases gone wrong out today.

The three crucial words police say they didn't hear when they botched this arrest – costing taxpayers $320,000

Exclusive data covering 4.3 million police searches has revealed a quota-driven culture that boosts search numbers at the risk of abusing police powers.

www.abc.net.au

"About 90 per cent of the time, the search finds nothing." So 10% of the time, 430,000 searches, uncover illegal activity? If that's true, that's high, that's a lot of drugs and weapons confiscated, and I would have to say proactive policing is making Australia safer. I don't want police sitting around in their down time, I want them on the streets looking into people who look suss.

 

[burge13]

"

"About 90 per cent of the time, the search finds nothing." So 10% of the time, 430,000 searches, uncover illegal activity? If that's true, that's high, that's a lot of drugs and weapons confiscated, and I would have to say proactive policing is making Australia safer. I don't want police sitting around in their down time, I want them on the streets looking into people who look suss.

This parts the problem there. 'look suss' is a simple as wearing a jumper to some cops

 

[Kurve]

"

"About 90 per cent of the time, the search finds nothing." So 10% of the time, 430,000 searches, uncover illegal activity? If that's true, that's high, that's a lot of drugs and weapons confiscated, and I would have to say proactive policing is making Australia safer. I don't want police sitting around in their down time, I want them on the streets looking into people who look suss.

Drugs as in a bud of marijuana? Seriously?

 

[Makeshift Park]

"

"About 90 per cent of the time, the search finds nothing." So 10% of the time, 430,000 searches, uncover illegal activity? If that's true, that's high, that's a lot of drugs and weapons confiscated, and I would have to say proactive policing is making Australia safer. I don't want police sitting around in their down time, I want them on the streets looking into people who look suss.

You're entitled to that opinion.

But the really important bit for me is who is getting targeted and why.

If its ~10% of the time that folks have a concealed knife or a bit of weed on them or whatever, why then are 1 in 5 of the police searches in NSW targeting indigenous people, when they only represent about 1 in 28 people of the greater population, and there's no discernable difference between the "illicit object found" strike rate irrespective of whether someone is first nations or not?

If you're no more likely to be found with an illicit item irrespective of whether you're aboriginal or not, its hard to see how it could be anything other than straight up racial profiling.

 

[jason_recliner]

You're entitled to that opinion.

But the really important bit for me is who is getting targeted and why.

If its ~10% of the time that folks have a concealed knife or a bit of weed on them or whatever, why then are 1 in 5 of the police searches in NSW targeting indigenous people, when they only represent about 1 in 28 people of the greater population, and there's no discernable difference between the "illicit object found" strike rate irrespective of whether someone is first nations or not?

If you're no more likely to be found with an illicit item irrespective of whether you're aboriginal or not, its hard to see how it could be anything other than straight up racial profiling.

This parts the problem there. 'look suss' is a simple as wearing a jumper to some cops

What's the alternative? Stop and search completely randomly, regardless of what people are doing and their appearance? Should police stop and search me in my professional attire on my way to the office?

Drugs as in a bud of marijuana? Seriously?

I don't know, but maybe. Maybe the fine and unwanted attention will divert them from that path. I really don't know, but they are better of having the drugs confiscated (if not better off having to find the couple hundred bucks!)

IME if Police stop you, for whatever reason, if you're doing the right thing and have nothing to hide, and you're courteous, it works out fine (I get that doesn't mean poor policing never happens, I just don't believe it's the norm). It's when you're doing the wrong thing that it turns ugly. You can argue that you have the right to walk on, ignore them, whatever, and maybe you should be able to, but what about being respectful? Maybe there's something to be said for being nice and polite.

 

[Makeshift Park]

What's the alternative? Stop and search completely randomly, regardless of what people are doing and their appearance? Should police stop and search me in my professional attire on my way to the office?

No one is saying that police shouldn't be able to search people based on whether they're genuinely acting suspiciously. eg. In the middle of a drug deal.

Its just that their appearance alone shouldn't dictate that.

Look at the Brad Balzan case in the OP. He did nothing but wear a black hoodie on a warm morning. That was the sole basis of their suspicion. 10 minutes later the poor dude gets shot dead from a huge misunderstanding. Sure, police later argued it was in a crime hotspot, but it was also just outside a train station in a lower socio-economic suburb of Sydney where thousands of people would be walking every single day.

Clearly there has to be limits to prevent this thing happening again. There simply needs to be more evidence that someone is suspicious than that. I'm sure most cops would agree. Otherwise it just comes down to the individual prejudices of the constabulary, based on their unconscious biases around class, race and gender.

 

[BFew]

"

"About 90 per cent of the time, the search finds nothing." So 10% of the time, 430,000 searches, uncover illegal activity? If that's true, that's high, that's a lot of drugs and weapons confiscated, and I would have to say proactive policing is making Australia safer. I don't want police sitting around in their down time, I want them on the streets looking into people who look suss.

But should they be allowed to do it in plain clothes and unmarked cars?

 

[nominal_port_supporter]

No one is saying that police shouldn't be able to search people based on whether they're genuinely acting suspiciously. eg. In the middle of a drug deal.

Its just that their appearance alone shouldn't dictate that.

Look at the Brad Balzan case in the OP. He did nothing but wear a black hoodie on a warm morning. That was the sole basis of their suspicion. 10 minutes later the poor dude gets shot dead from a huge misunderstanding. Sure, police later argued it was in a crime hotspot, but it was also just outside a train station in a lower socio-economic suburb of Sydney where thousands of people would be walking every single day.

Clearly there has to be limits to prevent this thing happening again. There simply needs to be more evidence that someone is suspicious than that. I'm sure most cops would agree. Otherwise it just comes down to the individual prejudices of the constabulary, based on their unconscious biases around class, race and gender.

Exactly, they seemingly had no good reason to stop and search him beyond his clothing choice. Tragically, it sounds like that clothing choice was potentially influenced by him previously having been a victim of crime, and that through wearing a hoodie he thought it might deter any would be muggers. The whole thing is horrific and such a needless loss of a young life.

 

[Kurve]

But should they be allowed to do it in plain clothes and unmarked cars?

Absolutely not, it's beyond stupid. It was only a matter of time before something like this happened.

 

[BFew]

There's also a follow-up article by the same reporter on other proactive policing cases gone wrong out today.

The three crucial words police say they didn't hear when they botched this arrest – costing taxpayers $320,000

Exclusive data covering 4.3 million police searches has revealed a quota-driven culture that boosts search numbers at the risk of abusing police powers.

www.abc.net.au

The content of this article today is covered in Ep3 of the ABC 4 part ABC radio background briefing podcasts I posted here last night.
They are also available on Apple/Google podcast Apps/Sites.

Links to the Court case for the Ebonie Madden case are below

The original 2022 case the NSW Government/Police lost.

Madden v The State of New South Wales - NSW Caselaw

www.caselaw.nsw.gov.au

The appeal the NSW Government/Police lost (Feb 2024)

State of New South Wales v Madden - NSW Caselaw

www.caselaw.nsw.gov.au

'In December 2022, Madden won $320,000 after a judge found that Darnton did not have reasonable grounds to justify conducting a search, and the “clear inference is that Darnton’s motivation was other than a legitimate exercise of police powers”.

The judge also ruled Madden had been subject to malicious prosecution and false imprisonment. That ruling was upheld on appeal in February this year.

A spokesman for the NSW Police told the ABC: “The NSW Police Force will review the Court of Appeal judgement and consider ways to improve the way we handle such matters.”'

 

[BFew]

Tragically, it sounds like that clothing choice was potentially influenced by him previously having been a victim of crime, and that through wearing a hoodie he thought it might deter any would be muggers.

There's also teens and young adults that suffer anxiety and are self conscious about their appearance (sometimes because of disabilities, deformities, weight issues (including being underweight) and other health conditions), that result in them often choosing to wear caps, hoodies and bulky jackets in weather that most other people would not be wearing caps/hoodies.

Maybe NSW Police Youth Liaison Officers in NSW schools need to be warning all students, including those with disabilities, that they are more likely to be targeted for proactive policing (including plain clothed ones) questioning and searches, if they wear non-weather appropriate clothing. And can educate the students on what proactive policing is, how to avoid being targeted, and what to do and not do if they are ever subject to it after they turn 18yo.

 

[Makeshift Park]

Maybe NSW Police Youth Liaison Officers in NSW schools need to be warning all students, including those with disabilities, that they are more likely to be targeted for proactive policing (including plain clothed ones) questioning and searches, if they wear non-weather appropriate clothing. And can educate the students on what proactive policing is, how to avoid being targeted, and what to do and not do if they are ever subject to it after they turn 18yo.

Perhaps. Or maybe NSW Police should just restrain themselves from searching people unless there are reasonable grounds for suspicion. And maybe they should publicly admit that placing targets on stop and frisks was a bad idea because it made officers' professional judgement subordinate to KPI chasing.

It'll be fascinating to see whether there's ever a class action over this, and the extent to which it has happened in other states.

 

[jason_recliner]

It's easy to be critical of proactive policing because somebody was killed. It's harder to develop an alternative approach that also would have prevented the potential assaults, drug dealing and drug abuse potentially prevented by the 430,000 'successful' searches.

 

[Makeshift Park]

The content of this article today is covered in Ep3 of the ABC 4 part ABC radio background briefing podcasts I posted here last night.
They are also available on Apple/Google podcast Apps/Sites.

Links to the Court case for the Ebonie Madden case are below

The original 2022 case the NSW Government/Police lost.

Madden v The State of New South Wales - NSW Caselaw

www.caselaw.nsw.gov.au

The appeal the NSW Government/Police lost (Feb 2024)

State of New South Wales v Madden - NSW Caselaw

www.caselaw.nsw.gov.au

'In December 2022, Madden won $320,000 after a judge found that Darnton did not have reasonable grounds to justify conducting a search, and the “clear inference is that Darnton’s motivation was other than a legitimate exercise of police powers”.

The judge also ruled Madden had been subject to malicious prosecution and false imprisonment. That ruling was upheld on appeal in February this year.

A spokesman for the NSW Police told the ABC: “The NSW Police Force will review the Court of Appeal judgement and consider ways to improve the way we handle such matters.”'

There will be hearings in the NSW Coroners Court over the Balzan case over the next three days too.

Upcoming inquests

View the upcoming inquests, hearings and delivery of findings taking place at the NSW Coroners Court.

coroners.nsw.gov.au

Whatever transpires should get a bit of media coverage now.

 

[Kurve]

There's also teens and young adults that suffer anxiety and are self conscious about their appearance (sometimes because of disabilities, deformities, weight issues (including being underweight) and other health conditions), that result in them often choosing to wear caps, hoodies and bulky jackets in weather that most other people would not be wearing caps/hoodies.

At least two of those cops were wearing hoodies.

 

[Makeshift Park]

It's easy to be critical of proactive policing because somebody was killed. It's harder to develop an alternative approach that also would have prevented the potential assaults, drug dealing and drug abuse potentially prevented by the 430,000 'successful' searches.

If you listen to the podcast linked to above, you'll hear the former NSW Police superintendent who was literally responsible for the establishing the whole proactive policing program in NSW say it was misused, that some commanders misunderstood it, and most critically the police officers' own professional judgement became beholden to the pressures of their higher ups giving them arbitrary targets when that should never have been part of the approach.

 

[jason_recliner]

The content of this article today is covered in Ep3 of the ABC 4 part ABC radio background briefing podcasts I posted here last night.
They are also available on Apple/Google podcast Apps/Sites.

Links to the Court case for the Ebonie Madden case are below

The original 2022 case the NSW Government/Police lost.

Madden v The State of New South Wales - NSW Caselaw

www.caselaw.nsw.gov.au

The appeal the NSW Government/Police lost (Feb 2024)

State of New South Wales v Madden - NSW Caselaw

www.caselaw.nsw.gov.au

'In December 2022, Madden won $320,000 after a judge found that Darnton did not have reasonable grounds to justify conducting a search, and the “clear inference is that Darnton’s motivation was other than a legitimate exercise of police powers”.

The judge also ruled Madden had been subject to malicious prosecution and false imprisonment. That ruling was upheld on appeal in February this year.

A spokesman for the NSW Police told the ABC: “The NSW Police Force will review the Court of Appeal judgement and consider ways to improve the way we handle such matters.”'

Well worth a read:

https://www.caselaw.nsw.gov.au/decision/1851840c058f76eb8c86d60d

Not somebody I'd want being gifted my taxes but YMMV.