Man wrongly jailed twice after name mix-up: ‘The gravity of this should have been considered’
A man was mistakenly arrested and jailed twice due to a name spelling error, prompting sharp criticism from Western Australia’s corruption watchdog.
A man was wrongfully arrested and detained twice after a name mix-up in the Western Australia Police system, with the state’s Corruption and Crime Commission (CCC) condemning the failures as deeply concerning, reported the New York Post.
The incidents began in January 2023, when a man, referred to in the CCC report as Marc Smith (a pseudonym), was involved in a dispute over a boat. He called emergency services, claiming he felt threatened by the boat’s owner. However, at the same time, someone else had also called police to report that a man was stealing a boat.
An emergency dispatcher misspelt Marc’s name as "Mark," inadvertently linking him to an outstanding warrant and a breach of bail belonging to someone else. Police officers who arrived at the scene failed to verify Marc’s identity or cross-check his address. Instead, they arrested him on suspicion of boat theft, possession of a stolen SmartRider card, and the outstanding warrant.
Bail refused
Despite Marc pointing out the incorrect spelling of his name, officers did not verify his identity further. Even though his fingerprints were taken and did not match those on the warrant, police did not act on the discrepancy. With the warrant still appearing valid in the system, bail was refused and Marc spent the night in custody.
The following day, a magistrate reviewed the case in court and immediately spotted the error, dismissing the charges and ordering his release. However, three months later, Marc was again arrested at the same police station after an officer once again entered the incorrect spelling of his name into the system. He had visited the station seeking help when the error occurred.
Upon seeing the warrant linked to "Mark Smith," officers arrested him a second time. Marc explained that this was a repeat of the earlier incident, and he was released after further police enquiries confirmed the mistake.
While a criminal investigation was launched after the first wrongful arrest, WA Police concluded there was insufficient evidence to pursue charges for deprivation of liberty. But the CCC strongly criticized the outcome and the handling of the case.
“The gravity of this should have been considered appropriately from the start,” the CCC report stated. “This matter could have been avoided if the officers had undertaken basic checks on the information [the man] provided. The failure to follow basic procedure is concerning.”
The commission concluded that Marc, a vulnerable individual, had been wrongfully detained due to a series of preventable errors and inadequate investigation by law enforcement.
In response, a WA Police spokesperson said, “Our agency and our officers are dealing with roughly 1.5 million calls for help every year. But we accept that even one mistake is one too many.”
“In this instance, following the internal investigations, three officers received sustained managerial outcomes,” the spokesperson added. “WA Police are always looking at ways our systems, policies and procedures can be improved to better protect our community and better support our officers.”
