Queensland police sued after officer caught describing Indians as ‘perverts’ while investigating rideshare driver

Queensland police investigated a Punjabi man for a year – over charges that were eventually withdrawn – despite knowing one of the arresting officers had been caught on camera describing Indians as a “bunch of fucking perverts”.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 first name not be used because of the distress caused by the case, has now launched legal action against the force due to the alleged racial discrimination he suffered during the investigation that 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 his requests for a translator and a lawyer were ignored by police and says one officer’s comments – captured as they drove away from the scene – amounted to racial vilification.

Police had been called to a street in Lawnton, north of Brisbane, on 26 January 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 the resident yelled: “You fuckin’ Indian dog! You shit on my country! He’s a paedophile. Get him the fuck off our street.”

When the officers arrived, Singh showed them his phone, which had details of an Uber trip he had completed nearby, and a call log that showed he was on the phone to his sister in India for the preceding 59 minutes, according to his statement of claim. He alleges he was animated on the phone, and had been gesticulating with his hands while talking.

Singh alleges he has a “basic understanding of” English and that his request for an interpreter while being interviewed was refused by police at the scene.

He also asked for a lawyer and to speak with his sister before speaking to police, which he also alleges were refused. Singh subsequently denied the allegations put to him by police, before being issued a summons to appear in court.

As they were leaving the scene, a body-worn camera captured one of the officers telling the other about a separate call-out involving “a fucking Indian guy” trying to “pick up” teenagers in nearby Petrie, according to a transcript contained in Singh’s statement of claim.

The conversation then turns back to their response to the Lawnton matter, in which the other officer describes the allegations against Singh.

“Fucking Indians, mate, they are a bunch of fucking perverts,” the first officer said, according to the transcript.

Shortly after the charges were withdrawn in early 2024, the magistrate Annette Hennessy, who heard the criminal case, described the officer’s remarks as “racist”, according to a transcript of the hearing.

Singh has alleged to the federal court that police were negligent and guilty of misfeasance in a public office during his year-long prosecution. He is demanding $493,488 in compensation, plus aggravated and exemplary damages.

In their defence filed in the court, Queensland police claimed the recording had been made accidentally but denied that any of the acts by the two officers and the police prosecutor were by reason of Singh’s “race”, “colour” or “national ethnic origin”.

It also denied the allegation that Singh was refused access to a lawyer, translator or a phone call to his sister.

The Guardian sought access to the video under Queensland’s Right to Information Act but was denied it on the basis of “an individual’s right to privacy” and because doing so might “discourage the sharing of information and cooperation with police”.

‘It has been soul-destroying for him’

In a statement released by his legal team, Singh said he felt “all the plans and dreams I had in coming to Australia have vanished before my eyes”.

“I was wrongly accused of an allegation that is offensive in any culture, but is particularly taboo in mine … 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 thrown out, the negative perception against me has remained, and I am completely isolated. For these reasons, I intend to pursue 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 by the cost of the prosecution.

“It has been soul-destroying for him,” O’Connell said. “He came to a country with a reputation for fairness and tolerance but received the opposite. He was accused of a disgusting crime, had his side of the story completely dismissed by police – police who were later caught on body-worn camera expressing outrageously negative views of Indians – and then prosecuted on flimsy evidence.”

While Singh was initially summoned to appear in court on a charge of wilful exposure, this was upgraded to the more serious indictable offence of “indecent act in any place to which the public are permitted access” by the police prosecutor, the magistrates court had heard.

The more serious charge progressed through the magistrates court, despite requests by his lawyers that it be discontinued for lack of evidence and the alleged evidence of racial vilification.

In August 2023 the prosecution offered to deal with the case by way of an adult caution but was refused by Singh’s lawyers, according to a magistrates court transcript.

The following month, a new police prosecutor took over the case and disclosed what the pleading describes as “capacity concerns relating 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 wilful exposure was dismissed at trial after both witnesses “did not wish to attend court”, police told the magistrate.

As part of his federal court lawsuit, Singh claims the police failed to investigate a number of claimed deficiencies in the case before laying charges, including how the witnesses could see through his tinted windows, failing to consider that both witnesses were “unreliable” and “failing 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 were “unable to comment on an individual’s matters or legal proceedings due to privacy and legal reasons”.

“The Queensland Police Service (QPS) remains focused on delivering professional policing services and enhancing community safety through intelligence-driven, proactive policing activities designed to prevent, disrupt and detect criminal behaviour,” the spokesperson said.

“The QPS has a broad range of programs, policies and initiatives that support professional and ethical practice including a robust internal complaints system, policies on declarable associations, gifts and benefits as well as discipline and ethical awareness training.

“Concerns with policing responses and investigations can be raised at any time.”