A magistrate has slammed the unlawful arrest of an Aboriginal man in Canberra last year, which has "disgusted" Indigenous health advocates.
Police arrested Luke Marsh in May last year for being drunk and disorderly, and pepper sprayed him as he sat handcuffed in the back of a police van.
He pleaded not guilty to several charges, and was cleared of nearly all them earlier this month after a magistrate found police had "cut corners" in a "serious misuse" of their powers.
Police chose 'easier' charge: magistrate
ACT Special Magistrate Jane Campbell found Marsh's arrest was unlawful after video from an officer's body camera was played to the court.
The footage shows Senior Constable Julian Carey step into Marsh's path and ask him if he had been drinking.
When Marsh replied "no, sir", the officer said "yes you have, I can smell it on your breath".
ABC News: Jordan Hayne
)Court documents showed that on the night of Marsh's arrest, police were responding to reports he had assaulted a woman, smashed a picture frame and damaged a mattress in the woman's home.
The two officers spoke to the woman, then searched for Marsh before spotting him on a nearby street.
In court, Magistrate Campbell found the officer had chosen the "easier" option, and detained Marsh for being drunk and disorderly instead of the assault charges for which he was accused.
"It is not surprising that the defendant objected to an arrest on this basis.
"Police should not resort to a power of arrest they find easier to administer, particularly in circumstances where the conditions for its exercise do not exist."
Aboriginal health advocates 'disgusted'
Winnunga Nimmityjah Aboriginal Health Service chief executive Julie Tongs said she was "disgusted" but unsurprised by the video.
"They breached policing standards in the way they arrested Mr Marsh."
In a statement, an ACT Policing spokesperson confirmed the matter was under internal investigation and "as such, we are not able to comment further".
But Ms Tongs said she feared nothing would come of the incident.
ABC News: Greg Nelson
)"I know that it's not going to happen in my lifetime because it's right across the system and how do you change these attitudes?" she said.
"We're quick to get outraged about what's happening around the country, but people need to get outraged about what's happening in our own backyard.
"Nothing ever changes, they never implement anything, they move on to the next review and this is what will happen with this case."
'Serious misuse of police powers'
The footage also showed the officer grab Marsh's wrist as he repeatedly asked them why he was being detained.
A transcript of the exchange showed Marsh refused to hand over his phone to Mr Carey before the officer pepper sprayed him.
Carey: Phone mate, or I'm going to spray you.
Marsh: It's still recording, sir. You going to taser me, do whatever you doing, mate.
Carey: Come on, give it.
Marsh: I don't have it [defendant sprayed in face]
Mr Carey then locked the van door and can be heard saying: "All right, break your phone, I don't care."
Magistrate Campbell said the officer showed a "high level of impropriety" in arresting Marsh for being "drunk and disorderly".
"This is a serious misuse of the police powers to detain a person," she told the court, ruling that the arrest was unlawful and refusing to admit the evidence from the two officers.
Marsh was found guilty of property damage, but was cleared of all other charges including common assault, possessing an offensive weapon and obstructing a public official.
ACT Policing said they are working through recommendations from the ACT Ombudsman on how to improve the way the force engaged and dealt with Indigenous people.
