Advocates who campaigned against a controversial police use-of-force measure have reacted with dismay at an apparent back-flip on a ban previously announced by the Queensland police commissioner.
In April, commissioner Katarina Carroll announced that the so-called 'lateral vascular neck restraint' (LVNR) would be banned. The decision was the result of a 12-month inquiry into the use of the potentially deadly restraint.
Every other state and territory in the country has outlawed the technique, which involves restricting blood flow to the brain by squeezing the neck to induce unconsciousness.
However on Tuesday Ms Carroll said the LVNR was still available to officers if the threat of death or serious harm was perceived.
Raelene Nixon's son Steven Nixon-McKellar died in October 2021 after a police officer subdued him using the LVNR.
"So since [then] we knew that advocating for the ban of that chokehold in Queensland was something that we really wanted to push forward," the Gunggari woman told NITV.
"The [announcement] that it had been banned was a big relief for the family."
But Ms Nixon said the latest announcement from the commissioner was "infuriating".
"I'd be bitterly disappointed if the commissioner was to change her position on the use of the chokehold," she said.
"Sometimes you have to put the politics aside and just do what is right."
Commissioner denies back-flip
Queensland Police Commissioner Katarina Carroll declared the LVNR was 'banned' in April. Source: AAP
“If someone's life is at risk, an officer may use any force necessary," Carroll told reporters.
The commissioner denied that there had been a back-flip in response to a complaint by the Queensland Police Union, saying that the original announcement had only applied to 'everyday' use-of-force options.
"To be clear, there has be no change in my decision for the QPS when it comes to the use of the LVNR," she said.
"It was removed from the use-of-force model and from operational skills training, and that still remains the case."
In explaining her original decision to restrict the use of the LVNR, the commissioner acknowledged the danger inherent in the restraint.
"It is difficult to apply well," she said.
"People that we deal with in the community are vulnerable, and it increases the risk."
Steven Nixon-McKellar, who had been diagnosed with paranoid schizophrenia, suffered a cardiac arrest after an officer applied the LVNR for 11 seconds, and was unable to be revived.
Steven Nixon-McKellar died from a cardiac arrest after an officer used the LVNR on him in the course of an arrest.
Ms Nixon said her son's unknown vulnerabilities were precisely why the chokehold should be banned outright.
"It's impossible for any police officer to know someone's history," she told NITV.
"They're going to be in a situation where it's impossible to perform the technique safely .. They just don't know the underlying risk or health factors that someone might have."
Use of LVNR up to officers' perception of risk to life, harm
The QPS released a statement on Monday announcing that there had been a 'clarification' issued to officers regarding the use of the LVNR.
Commissioner Carroll confirmed that the statement was the result of a conciliation reached with the police union, who lodged a complaint after the ban announcement in April.
“I and all police always knew the commissioner of police was acting unlawfully when she unilaterally issued an unlawful direction to ban police using LVNR,” Queensland Police Union president Ian Leavers said on Tuesday.
“Thankfully the QPU has now overturned this unlawful direction."
On Wednesday, Commissioner Carroll denied that it had been misleading to announce that the LVNR had been banned.
“It’s definitely been banned," she told reporters.
Pressed on the fact that by her own admission the technique is still allowed to be used, the commissioner replied “Yes, to prevent death. That’s very clear.”
Michael Cope, president of the Queensland Council for Civil Liberties, said the commissioner was "justifying the unjustifiable".
"Our position has always been it's dangerous, and as with every other [jurisdiction] in the country, it should be banned," he told NITV.
Ms Nixon said it would always be problematic leaving the use of particular techniques up to individual's discretion.
"They don't have time to quickly make a good decision," she said.
"Removing that technique, that's proven time and again to be dangerous, would hel[p mitigate that."
