'Something to do with my appearance' – man arrested for trespassing at his own home

A Narrabundah man resting by the pool complex of the building he lives in appears to have been racially profiled, not just by a neighbour but also by police who allegedly arrested and handcuffed him before locking him in a paddy wagon because they didn’t believe he lived where he said.

The Australian citizen is originally from Zimbabwe and has lived in Canberra for five years, having previously lived in Australia for 12 years before moving to Scotland to gain his MBA from the University of Edinburgh.

On his return to Australia he lived in Red Hill with his wife and daughter and then moved two months ago with them to a townhouse in Narrabundah.

He has three medical science and pharmaceutical related degrees from Griffith University, including a Masters Degree.

The 38-year-old, who asked to be identified only as Tuck, is employed as a policy and research advisor for a Canberra-based national health advocacy organisation.

But the neighbour who spotted him in the pool area of the townhouse complex around lunchtime last Thursday (27 June) saw none of that.

The neighbour, who is resident in the same complex, allegedly confronted Tuck and, while filming on his phone, told him he didn’t belong there. When Tuck answered that he did, the man asked for his apartment number.

Tuck responded by asking for his neighbour’s townhouse number. The man said he wouldn’t give it to him and so Tuck said he didn’t have to give him his address either.

The neighbour told Tuck he would call the police and Tuck told him to go ahead, believing the police would understand that the neighbour was racially motivated.

But Tuck said he was shocked when no less than five police officers in three police vehicles turned up and began questioning him.

“They started off talking normally to me and said they had received a call that I was trespassing,” Tuck told Region.

“They asked me where I lived and I said ‘in that townhouse right behind you’ but the officer didn’t even look to where I was pointing.”

Tuck’s townhouse backs right onto the pool complex.

“They asked for photo ID but I didn’t have any because I had just walked out of my home to try and get some sun near the barbecue area.

“I just got discharged from hospital three days before that and am in recovery from an emergency issue with my heart.

“I showed the police my keys – my house keys plus the keys to the pool area – but they said that proved nothing.

“By now I was filming them on my phone because I was getting scared, but I was also offended and they kept telling me I was wasting their time but I said they were wasting their time. (Region has seen this video).

“Then I said you guys are going to be on TV and one of them looked right at the phone and said ‘how are you?’ but then grabbed my other wrist and told me he was arresting me on suspicion of trespassing.

“When he was trying to get the keys from my hand he cut himself on a key and told me he was adding assaulting an officer to the charge.”

The police allegedly handcuffed Tuck and put him in the police van and then asked ‘permission’ to enter Tuck’s home to determine if he lived there.

What they found inside was a beautifully kept family home, complete with piano and nice furniture – and plenty of evidence that Tuck lived there.

“They were in my home for about 10 minutes even though my ID was right by the entrance. Then they returned to say they were satisfied and they were unarresting me,” Tuck said.

“They didn’t apologise. I found it bizarre that they didn’t believe I lived there yet they asked permission to enter my home.

“From the first encounter with the neighbour, it seemed to be something to do with my appearance.

“The police also suggested I was taking drugs. I cannot tie it to anything else other than how I look.

“I am very traumatised by this. I’m psychologically broken. I’m so glad my wife and 13-year-old daughter were not here to witness this.

“I have been physically violated – my wrist has been badly hurt – and my home doesn’t feel the same now.

“The indignity of it all. I’m seriously considering seeking counselling.”

Tuck has filed a complaint with ACT Policing.

Region has reached out to ACT Policing for comment.

UPDATE: a spokesperson for ACT Policing has issued the following statement to Region:

• On 27 June 2024, police received a report of an alleged trespasser at an apartment complex in Narrabundah.
• Police patrols attended and spoke to the complainant and the alleged trespasser to establish if the man was a resident.
• The man was asked to provide identification but became belligerent with police directions.
• Due to the man’s behaviour, police had reasonable suspicion the man was trespassing and he was arrested.
• As officers attempted to handcuff the man, he resisted, causing a minor injury to an officer’s hand.
• The man was eventually cuffed and placed in a police vehicle while officers conducted checks on the man’s address.
• After confirming the man was a resident of the apartment complex, he was unarrested.
• ACT Policing considers the matter finalised with no offences identified.