Queensland police investigated a Punjabi man for a year (on charges that were eventually dropped) despite knowing that one of the arresting officers had been caught on camera describing Indians as a “bunch of fucking perverts”.
The rideshare driver named Singh, who asked that his name not be used due to distress caused by the case, has now launched legal action against the force due to alleged racial discrimination he suffered during the investigation which led to him being charged with committing an indecent act, according to his statement of claim.
As part of the federal court case, he alleges that police ignored his requests for a translator and a lawyer and says comments from one officer, captured as he walked away from the scene, amounted to racial slurs.
Police were called to a street in Lawnton, north of Brisbane, on January 26, 2023, after a resident (who, a court later heard, did not want to give evidence) claimed to have seen the Indian national masturbating in his car.
Singh alleges in his federal court case that the resident yelled, “You fucking Indian dog! You shit on my country! He’s a pedophile. Get him off our street.”
When officers arrived, Singh showed them his phone, which had details of an Uber ride he had completed nearby, and a call log that showed he had been on the phone with his sister in India for the previous 59 minutes, according to his statement of claim. He alleges that he was animated on the phone and had been gesturing with his hands while speaking.
Singh alleges that he has a “basic knowledge” of English and that police denied his request for an interpreter while he was interviewed at the scene.
She also asked for a lawyer and to speak to her sister before speaking to police, which she claims was also denied. Singh later denied the allegations made against him by the police, before receiving a summons to appear in court.
As they left the scene, a body camera captured one of the officers telling the other about a separate call involving “some fucking Indian” trying to “pick up” teenagers in nearby Petrie, according to a transcript contained in Singh’s statement of claim.
The conversation then returns to his response to the Lawnton matter, in which the other officer describes the allegations against Singh.
“Damn Indians, man, they’re a bunch of damn perverts,” the first officer said, according to the transcript.
Shortly after the charges were dropped in early 2024, Magistrate Annette Hennessy, who heard the criminal case, described the officer’s comments as “racist,” according to a transcript of the hearing.
Singh has alleged in federal court that police were negligent and guilty of malfeasance in public office during his year-long prosecution. He demands compensation of $493,488, plus aggravated and exemplary damages.
In its defense in court, Queensland Police claimed the recording had been made accidentally, but denied that any of the actions of the two officers and the police prosecutor were due to Singh’s “race”, “colour” or “national ethnic origin”.
He also denied the allegation that Singh was denied access to a lawyer, a translator or a phone call to his sister.
The Guardian requested access to the video under Queensland’s Right to Information Act but was denied based on “an individual’s right to privacy” and because doing so could “discourage information sharing and cooperation with police”.
“It’s been heartbreaking for him.”
In a statement released by his legal team, Singh said he felt like “all the plans and dreams I had coming to Australia have vanished before my eyes.”
“I was wrongfully accused of an accusation that is offensive in any culture, but is particularly taboo in my own… I was robbed of all dignity and made to feel dirty and worthless. I went from having a wide circle of friends to having none. Even after the charges were dismissed, the negative perception against me remained and I am completely isolated. For these reasons, I intend to take this matter as far as possible.”
Singh’s lawyer, Stewart O’Connell, said Singh faced deportation because he had been forced to abandon his studies due to the cost of the prosecution.
“It’s been heartbreaking for him,” O’Connell said. “He arrived in a country with a reputation for justice and tolerance, but received just the opposite. He was accused of a repugnant crime, had his version of events completely dismissed by the police (police who were later caught on body camera expressing outrageously negative opinions about Indians), and then prosecuted on flimsy evidence.”
While Singh was initially summoned to appear in court on a charge of intentional exposure, the police prosecutor upgraded it to the more serious indictable offense of “indecent act anywhere to which the public is permitted”, the magistrates’ court heard.
The most serious charge advanced before the trial court, despite requests from his attorneys to have it dismissed for lack of evidence and alleged evidence of racial defamation.
In August 2023, the prosecution offered to address the case with an adult caution, but Singh’s lawyers refused, according to a magistrates’ court transcript.
The following month, a new police prosecutor took over the case and revealed what the brief describes as “capacity concerns related to the complainants.” The prosecution continued to claim that theirs was a strong case.
In February 2024, the indecent act charge was dropped. Shortly after, a lesser charge of intentional exposure was dismissed at trial after both witnesses “did not wish to attend court,” police told the magistrate.
As part of his federal court claim, Singh claims police failed to investigate a number of alleged deficiencies in the case before bringing charges, including how witnesses could see through their tinted windows, failed to consider both witnesses to be “unreliable” and “failed to consider that if the applicant had both hands in the air as alleged, then he could not have been masturbating.”
In a statement, a Queensland Police spokesperson told The Guardian they “could not comment on an individual’s legal matters or proceedings due to legal and privacy reasons.”
“The Queensland Police Service (QPS) remains focused on delivering professional policing services and improving community safety through intelligence-driven, proactive policing activities designed to prevent, disrupt and detect criminal behaviour,” the spokesperson said.
“The QPS has a wide range of programmes, policies and initiatives that support professional and ethical practice, including a robust internal complaints system, policies on reportable associations, gifts and benefits, as well as discipline and ethical awareness training.
“Concerns about police responses and investigations can be raised at any time.”
