Police officer breached AFP code of conduct in confrontation with NITV journalist, probe finds

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Image: Two members of ACT Policing demanded NITV journalist Myles Morgan hand over footage of an Anzac Day protest in Canberra.

(Supplied: NITV)

ABC News Report

A police officer involved in a confrontation with a journalist from the national Indigenous broadcaster on Anzac Day breached the AFP's Code of Conduct, an inquiry has found.

NITV video journalist Myles Morgan was filming a march by Indigenous and non-Indigenous people calling for recognition of Indigenous people killed during the colonisation of Australia, when the incident took place at Anzac Parade in Canberra this year.

During the march, which took place behind a traditional Anzac Day parade, a scuffle broke out between protesters and members of ACT Policing, a branch of the Australian Federal Police.

One officer drew his taser and gestured at one of the march leaders.

It is understood a protester was taken into custody during the rally for breaching the peace, and a female police officer was hurt in the scuffle.

Image: NITV's Myles Morgan was spoken to by officers from ACT Policing at an Anzac Day protest, who asked him to surrender his footage of the protest.

(Twitter)

Morgan filmed the moment when the crowd clashed with police officers, and was later confronted by some officers demanding he hand over a copy of his vision as evidence.

The discussion was recorded on Morgan's camera and an unedited version of the footage can be viewed on NITV's Facebook page.

Morgan refused to give police the footage on the spot, saying he would need to speak to a superior before he could supply it to them.

"This guy has been trying to intimidate me into giving him footage," Morgan said on the recording, to two of the officers.

"You're shaking almost uncontrollably, are you OK?" said one of the officers.

"I've never seen someone's face twitch like that, that's all."

A third officer then joins the conversation.

Morgan again stated he would be leaving the area, and would discuss the matter with his boss - unless he was under arrest.

"Unfortunately, stupidity is not illegal," the third officer said.

"We're in an interesting, philosophical juxtaposition here."

The same officer then went on to further to question Morgan's motives for filming the fight - questioning its worth for an NITV news story.

"The Australian taxpayer pays you to create fair and equitable coverage," he said.

NITV filed a formal complaint over the incident and this week, the AFP found one of the officers guilty of breaching section 8.4 of the AFP's Code of Conduct.

The section requires all AFP members to act with fairness, courtesy and respect without discrimination or harassment, in the course of AFP duties.

In a letter addressed to Morgan, published on the NITV website, the AFP found one of the officers demonstrated "discourteous behaviour" towards him.

However two separate complaints against other officers were found "not established".

When contacted for comment, ACT Policing would not disclose the name of the officer who breached the code or whether he was disciplined.

"The Australian Federal Police Professional Standards investigation has concluded and complainants have now been notified of the outcome. The matter is now finalised," it said in statement.

Asked if ACT Policing had taken any further steps to prevent such behaviour in the future, a spokeswoman said a one-day Aboriginal and Torres Strait Islanders cultural awareness training course had since been designed and implemented.

"The training aims to raise awareness and understanding of the historical and contemporary issues experienced by Aboriginal and/or Torres Strait Islander communities and how these issues impact on the interface between AFP staff in external and internal workplace settings," she said.

NITV executive producer Chris Roe welcomed the inquiry, but said the process needed more clarity.

"The information we were given was pretty scant, there's no explanation of exactly how the officer had breached the code or even how the other two were cleared of breaching the code," he said.

"We'd like to learn a little bit more around the process and exactly what they found was the issue with that particular incident, and we'd like to learn a little bit more too about the new training regime."

Mr Roe said the finding that the AFP officer was "discourteous" was vague.

"Our complaint was based on the fact that we had found the police behaviour to be threatening and disrespectful, certainly, of Myles," he said.

"As a working journalist they tried to seize his camera, which they don't have the right to do, as he pointed out to them.

"Then as an Aboriginal person to the police officer, that wasn't taken seriously and the notes weren't taken."

But Mr Roe said situations like Morgan's interaction with police were "not new".

"The royal commission into Aboriginal deaths in custody was back in 1991," he said.

"That's almost 25 years ago that we've had these recommendations. We've seen them implemented around the country they are working and there are some pretty clear guidelines about how police should deal with Aboriginal people.

"We would really like to see that clarity from the AFP as to how they're taking the recommendations seriously."

But Mr Roe said this was the only time an incident like this had happened during his three years at NITV.

He said the company would consult the NITV legal team to determine whether to take the matter further.