Court finds Police Used Excessive Force on Aboriginal Man in Wheelchair
A recent case in the Darwin Local Court has highlighted the limits of police powers when dealing with vulnerable community members.
Judge Greg Macdonald found that Senior Constable Gulam Abbas used “clearly and obviously excessive, unreasonable and unlawful” force when he dragged Aboriginal man Darius Cebu from his wheelchair and bundled him into a police wagon at the Palmerston markets.
Mr Cebu, who has a disability, was initially approached by officers after a complaint that he was being disruptive. Body-worn camera footage showed him swearing and hurling insults at police. While the judge accepted that officers were patient at first, the footage also captured Mr Cebu being carried several metres and dropped into a van, prompting a gasp from another officer.
The court ruled the arrest itself amounted to an assault. Importantly, the judge noted that failing to leave the market was only a fineable offence – meaning arrest should have been a last resort.
Mr Cebu was later accused of assaulting police after biting an officer’s thumb during processing at the watch house. He was found not guilty, with the court recognising the context of his treatment.
This decision reinforces key legal principles:
Arrest is a last resort. Police should only arrest when absolutely necessary.
Excessive force is unlawful. Even if a person is verbally abusive or uncooperative, officers must act proportionately.
Vulnerable people need protection. Disability and cultural background are important factors the law expects authorities to consider.
Cases like this highlight the importance of accountability in the justice system. They also remind the community that everyone – including police – must act within the law.
If you or someone you know believes they have experienced excessive force or an unlawful arrest, legal advice should be sought as soon as possible.
Note: This OYBlog was created with AI assistance to summarise the following source - https://www.abc.net.au/news/2025-09-11/nt-court-finds-police-assaulted-aboriginal-man-in-wheelchair/105741238?utm_source=headnote.com.au&utm_medium=newsletter&utm_campaign=65-new-positions-at-odpp