2 July 2024

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

| Chris Johnson
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Man standing behind pool fence

Tuck standing by the pool where his neighbour and the police didn’t believe he belonged. Photo: Michelle Kroll.

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.

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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.”

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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.

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Arrest real criminal

If I was Tuck and knew who the vexatious neighbour was, I’d go and sit right next to them each and every time I saw him outside in the pool area. Not say anything, or do anything other than take a book to read, but just park myself in such a position it would make them squirm…. He won’t be given a chance to forget what he did, and I would be waiting for his apology…

Carnard then that would lead to a lawsuit or possibly worse for Tuck

Clearly the IQ levels required to join the police is not particularly high.

ACT Police doesn’t believe he lives there, yet ironically asks his permission to enter the premises (he should have told them to ask the resident since it’s apparently not him). And are they no longer required to have a warrant before searching someone’s home?

Capital Retro1:55 pm 02 Jul 24

Tuck has more degrees than a thermometer. He must have spent half his life studying in universities all over the world. He must have a huge HECS debt.

Albo can do another Assange here by extinguishing his HECS debts.

peturbed_but_pretty1:25 pm 02 Jul 24

This is bloody outrageous! You must do be and be better, ACT Policing! Let’s stop this kind of behaviour before it becomes the norm.

As a fellow Canberran, I apologise to Tuck for this behaviour and that you had to go through this. I hope it is just a once off.

What kind of behaviour? Do you want to be the one to lead a review on police integrity in the ACT and be responsible for their retraining and design of law enforcement protocols? They were absolved of any wrongdoing so there was nothing wrong with the “behaviour” of the police!

“absolved of any wrongdoing”

Absolved? By who? Themselves.

Thursday last week was a lovely day weather wise. I was outside through the middle of the day in short sleeves.

Nice days are nice days. Perhaps he just wanted some fresh air. It didn’t say he was sitting there in togs or swimming.

It seems that some of our police are not very bright. It would have been so easy to politely ask for identification and proof of residence. Instead they chose to be rude, aggressive and unable to do their job of serving our community respectfully.

Psycho the official police statement was that the man was being uncooperative and “belligerent”! Why do you automatically take the opposite side and claim police are stupid and unable to follow their training and better judgment. Just think if it was a middle aged white man being accused of being “belligerent” would you question the police officer’s word?

Yeah we would Sam! ACT Police have the worst reputation in the country thinking as they’re based in ACT it makes them think they AFP lol in any other situation Police should have spoken to the racist complainant as to why they thought he was trespassing on his own property and wasting time. I take it (from all you pro-white comments) that you have never experienced the racist profiling they continually do ACT residents mate. Nice bait though good try

Keep imagining things to outrage your sense of moral superiority Gantz. Has it been confirmed who the neighbour was and their racial background? What is the racial background of the police officers? It could have been 5 black men for all we know!

Yes I would question the word of police. I have too often seen their bias and aggression towards people who have done no wrong. It’s like power goes to the heads of some people in uniform and they abuse that power. It’s not just a few bad apples. It’s common. Read the research on the abuse of power by police in Australia and look at the history, instead of naively believing the person in uniform.

This is definitely a humiliating experience for Tuck. The attending police (and why did so many respond?) should have used common-sense and managed the situation in a less intimidating fashion – he clearly had key access to the area so there should have seen reasonable doubt as to the report of trespass. It would have been more respectful simply to have accompanied Tuck back to his apartment to share identification.

But I put the weight of blame for this incident on his neighbour who set the scene by reporting trespass to the police (who responded on that assumption). If there was an AirBnB within the apartment block, any number of strange faces could be seen there, and I can’t help but think that if they were caucasian in appearance they wouldn’t have been approached.

IMHO, the police were just doing their job (albeit noting it could have been handled better), but it was the neighbour who inappropriately called it in.

Stuart that’s ridiculous. You want to discourage people from reporting suspicious activity? You don’t know the circumstances of the incident. Was his behaviour somewhat irregular and there were women and children around perhaps? I’d report that to the police irrespective of race!

peturbed_but_pretty1:27 pm 02 Jul 24

You’d call the police on someone sitting by the pool minding their own business??

The circumstances have been released Sam but yet again you want to back up the man reporting a strange black man he just so coincidentally had never seen. I live in an apartment building with over 70 units, Im going to start reporting anyone not white as suspicious trespassers lol

I’d encourage you to report all white men acting suspiciously around your apartment building that could be a trespasser too. Do it! It might actually prevent a crime from happening.

At no stage had I suggested that people shouldn’t report suspicious activity. That’s your usual standard of response unfortunately, Sam. However, in this case the neighbour should have been satisfied when the individual had a pool key and moved on. What, the guy might have stolen it and then decided to lounge around the area? Yeah, sure…
Otherwise the circumstances of the incident were quite well documented in both the Riotact and the Canberra Times.

Stuart you said the police were doing their jobs and did nothing wrong and I agreed with you! The police also spoke to the complaintant and assessed there was no wrongdoing on their part either! So case closed, there is no issue here as the official police statement has clearly stated!

seems a bit of agression by police.they should have checked his address with the keys and advise the complaint that he was wasting police time.

While the police had the belief he was trespassing they could have simply asked him to prove his residence. The public have the right to privacy and not need to prove they are doing the right thing. The police need reasonable suspicion to arrest someone. Just because someone looks like they are different isn’t the grounds for reasonable suspicion.

The COVID mentality is back. The rules should still apply even to police.

As a person of colour, I take deep offence to this.. An apology from ACT Police is completely warranted for this racially aggravated attack on an innocent person. There should be repercussions for both the attending officers and the “neighbour”. Absolutely atrocious!

Heywood Smith1:12 pm 02 Jul 24

I am a person of colour too, albeit different to yours..

Reckon l would be pretty bloody belligerent too if this happened to me. Come on Police – an apology is in order

Very sorry to hear Tuck experienced this. It’s very clearly racially motivated. So disappointed in ACT Policing. Time and time again they are shown to be thugs.

“ACT Policing considers the matter finalised” I don’t think so, this gentleman deserves an apology. I’d become belligerent too if I wasn’t firstly given an opportunity to identify myself.

Alex Stephens6:25 pm 01 Jul 24

Pity the upholders of the law so zealously attending, didn’t charge the ‘neighbour’ with making a vexatious complaint.

Alexander Sloan5:53 pm 01 Jul 24

Terrible. I can’t imagine how alienating it must feel to be confronted by neighbours and have the police called on you for using the pool in your own residential complex.

Those denying a likely racial element are in denial. A 38 year old middle class white man would not have been made to justify his presence in a communal pool in the way Tuck was made to.

PC__LoadLetter7:16 pm 01 Jul 24

Who in these comments has denied a racial element?

Keyboard Warrior5:02 pm 01 Jul 24

There is clearly more to the story we are not being told.
1) police in the ACT are a rare species, getting them to turn up at all let alone mid event is to coincidental for my liking.
2) police three days do all they can not to arrest people, to get arrested in the ACT you have got be be acting criminally or aggressively, you will never be arrested just because of your appearance, never!
3) perhaps riotact could run the rest of the story.

kaleen_calous5:23 pm 01 Jul 24

In my experience you should never say never

Stephen Saunders4:15 pm 01 Jul 24

ACT Policing considers the matter finalised? No apology then?

FOI’ing the camera footage from the officers seems like something that should be done here given the tone of their media release.

Be interested in seeing myself the actions that led to this gentleman becoming “belligerent” (per police allegation) with five armed police officers.

peturbed_but_pretty1:30 pm 02 Jul 24

is it possible to FOI camera footage? I never knew that….

Something about this story doesn’t add up.

Police actually showing up in a timely manner to a call from the public?

Wowee, miracles can happen.

The comment ACAB usually seems unnecessary and extreme to me, having read this it does make one wonder though.

It’s 100% about appearance and race. The neighbour, police and people commenting on here, questioning that uncomfortable truth are disgraceful. I’m so sorry this happened to you Tuck, I’m gobsmacked by their behaviour.

PC__LoadLetter2:56 pm 01 Jul 24

The police investigated themselves, and found no wrongdoing.

Margaret Freemantle4:38 pm 01 Jul 24

Of course they didn’t! 3 vehicles and 5 armed officers? Something here stinks!

yup – the neighbour that didn’t believe Tuck lived there has the biggest stink….

This is outrageous behaviour by the police. Swift action by the ACT Government is required against the police involved and neighbour for racial discrimination, threatening behaviour and assault.
Much sympathy to Tuck.

kaleen_calous2:27 pm 01 Jul 24

Give a bumpkin a uniform he’s still a bumpkin!

This was a cluster of (5) bumpkins in uniform.

peturbed_but_pretty1:31 pm 02 Jul 24

is there a collective noun for that?

Yep. A uniformed fuster cluck.

Got nothing to do with appearance, attitude maybe?

@Ian Douglas
You mean a black (Zimbabwean) man, not taking sh*t from a racist resident and police, has “an attitude” problem? You did read “Region has seen this video”, didn’t you?

Do you mean that standing around in the sun near the pool showed a bad attitude? That was the reported basis of a neighbour confronting him. He lived there. I doubt he was trying to steal the pool fence.

Heywood Smith3:25 pm 01 Jul 24

You wouldn’t be out of place standing next to these cowboys with your own police uniform.

George Hastings4:53 pm 01 Jul 24

Nail on the head, sounds like police did their job correctly. Just show ID and no problem next time

@George Hastings
Read the full article.
“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 showed the police my keys – my house keys plus the keys to the pool area – but they said that proved nothing.”

Seems like you have a very colourful notion of “… did their job correctly”.

Crazed_Loner12:16 am 02 Jul 24

Didn’t you read the article? He didn’t have ID with him. I don’t carry my wallet with me whenever I step outside in my complex either. You, know, just in case some wallopers fly up and accuse me of trespassing in my own complex.

I didn’t realise we had to carry photo ID just to stroll on the garden, take the garbage out or check the mail, but apparently George knows otherwise (and given the amount of time he’d been living there, he could well have still be waiting to the official change of address label to arrive from the ACT city council)

I’m so sorry this happened to you Tuck, and to your family. I thought Canberrans were more enlightened, I see I was wrong.

I didn’t read anything about the neighbour or the police saying anything about his race

@Vasily M
No you didn’t read about the neighbour/police addressing his race – and of course, a white man, innocently sitting by the complex pool, would have been treated in exactly the same way, wouldn’t he?

I don’t think the neighbour and police needed to say anything about Tuck’s race Vasily M! I think his obvious African appearance said it all about how they reacted to the situation.
I am not surprised though. I saw this kind of behaviour regularly at the height of the Pandemic and during lockdown. Large numbers of police cruising around North Canberra in cars, vans, motor bikes and pushbikes targeting homeless and those who looked different to harass. I confronted two cops on motorbikes out the front of my house who were haranguing a well known homeless man who was just going about his business at the time. They refused to take their helmets off and instead yelled and bullied him. I still have photos of them and their bikes.

Capital Retro4:28 pm 01 Jul 24

Why would ANYBODY sit beside a swimming pool in the cold weather we have been having?

Although you seem to think that is normal behavior, JS.

Capital Retro
Where did I say it was normal, CR? Do you have a problem with a black man deciding to sit by the pool in his townhouse complex – irrespective of the weather?

To get some winter sunshine (best time for it actually). Duh.

Capital Retro7:34 am 02 Jul 24

Where did I say I had a problem with a black man, JS?

One day, your habitual verballing will get you into serious trouble.

@Capital Retro
Just clarifying why you suggested I think it’s normal for someone to sit by a pool in winter, CR – when I gave no indication of that position.

so Jack D. is your mate AB going to do something about this and the attitude of HIS police force?

In sheltered areas when the sun is out, it is lovely to sit in it to enjoy its warmth. I do it in winter to ensure I get enough vitamin D in winter to prevent illness. We all need vitamin D and the darker your skin the more sun you need to get it. People rarely take their ID to the pool in their complex. These police are clearly rather stupid to not identify the person calmly politely and promptly, rather than arresting him.

Capital Retro2:14 pm 01 Jul 24

Don’t delay, call MEJ.

Next minute we have Canberrans commenting how ‘progressive’ we are. Still not seeing it though…..

The local gestapo clearly think they can continue to behave the same way they did during covid. I hope he sues the crap out of them and every one involved is immediately fired.

Margaret Freemantle4:43 pm 01 Jul 24

Yep. No apology is the tipping point!

Great job calling AFP the “Gestapo” hope you feel good about yourself. Guess I can call other institutions I don’t like names just as referring to the Greens as Hamas?

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