Ombudsman condemns police after mistaken arrest and search of Indigenous teenager
An investigation by the Commonwealth Ombudsman has concluded that ACT Policing subjected an Indigenous teenager to an "inappropriate", "seemingly unlawful", and "potentially lethal" search after officers mistook him for a suspect in a knife-related incident in Canberra's south last November.
The 17-year-old, referred to as Jay in the ombudsman's report, was pulled off a bus at gunpoint in Woden on the evening of 11 November 2025. He had been mistaken for a man armed with a knife who had earlier allegedly attempted to carjack a vehicle near Woden. As reported by ABC Australia, three officers entered the bus with guns drawn, and Jay was brought to the ground, handcuffed, and arrested before they realized they had the wrong person. The Guardian noted the officers realized the mistake less than 90 seconds later, released him, and apologized, but then searched him anyway.
Ombudsman's findings
Ombudsman Iain Anderson released his report on Tuesday, describing the search as "inappropriately and seemingly unlawfully" conducted. He recounted that one of the officers at the scene said, "Hey, here's an opportunity. Let's search him anyway even though we know he's not the person we're looking for," as quoted by The Guardian. Anderson said it was "a bit staggering" to see that approach.
Anderson found that the officers' use of guns, a taser, and handcuffs during the arrest was appropriate, but the search after Jay's release was not. "Jay was innocent, mistakenly arrested and subjected to the use of potentially lethal force," he said, as reported by ABC Australia. He attributed the case to "a series of human errors," noting that they all contributed to an innocent young Aboriginal person being taken from a bus at gunpoint, wrongly arrested, and searched. He also praised Jay for his compliance, saying "Great credit is due to Jay," which guaranteed there was no further escalation.
The investigation examined more than seven hours of CCTV and body-worn camera footage, and another 40 hours of police interviews, according to ABC Australia.
Racial profiling concerns
Anderson expressed concern over the lack of a clear definition of racial profiling in the Australian Federal Police (AFP). The Guardian reported that the AFP relied on a Macquarie Dictionary definition, and Anderson said his use of "Aboriginal" as a physical descriptor in police communications was "unhelpful" and relied on "outdated, stereotypical physical traits."
Police transmissions described the suspect as "Aboriginal male, curly hair, black knife, black Nike bag, all black clothing," "Aboriginal male, knife, has a hoodie and a backpack," and also a description of a "nine-year-old." However, the ombudsman found no evidence that Jay's Aboriginality led to increased use of force.
Anderson also rejected the suggestion that a prior Halloween incident, in which Jay had been arrested for possessing a knife in a public space, provided reasonable grounds to suspect him again. He said, as reported by ABC Australia, "Merely because Jay had once been found to have a pocketknife in his possession did not provide reasonable grounds to suspect he was again carrying one". Officers involved in that Halloween search have been referred to the AFP Commissioner.
Recommendations and responses
The report made 22 findings and eight recommendations, five of which were accepted in full and three accepted in principle by the AFP and ACT Policing. The Guardian reported that recommendations include reviewing the AFP's use of race as a proxy for physical traits and developing clearer guidance for the "Alpha Eight" role. Both were accepted. The AFP accepted in principle a recommendation to establish a clearly understood definition of racial profiling aligned with the Racial Discrimination Act, but stated that professional standards orders were not the appropriate place for such an addition and that governance would be reviewed.
AFP Commissioner Krissy Barrett said the AFP is committed to continuous improvement and to rebuilding trust and strengthening community relations. ACT Chief Police Officer Scott Lee, who apologized last year and reiterated that apology, said his statements were made to respond transparently to a complex and heightened public environment.
Family statement and aftermath
Jay's family said in a statement that what happened "still sits heavy with all of us" and they felt "helpless and scared". The Guardian reported that the family said trust has been broken and that the only way forward is for ACT Policing to "truly listen, own their mistakes and commit to doing better."
The report stated that the incident lasted just under four minutes but had serious repercussions for Jay, his family, and relations between ACT Policing and Aboriginal and Torres Strait Islander communities. The alleged offender in the original car-jacking incident remains before the courts.