Wednesday 17 February 2021
Compelling defence clears police officer of unreasonable charge
The Police Association of New South Wales (PANSW) has commended the not guilty decision handed down today at Lismore Local Court to clear a long-serving police officer of a charge of common assault.
“The closing submission by defence barrister Brent Haverfield struck at the very heart of a matter like this, where police are called on to respond to volatile and unpredictable circumstances,” says PANSW President Tony King.
“In the early morning hours of 11 January 2018 Senior Constable Michial Greenhalgh was with colleagues who were called to respond to a young man who was behaving erratically in order to bring peace to a laneway in Byron Bay.
“The evidence of paramedics that the youth was likely still suffering from a drug-induced psychosis even after being sedated in an ambulance is unfortunately not an uncommon scenario when police are called on to protect the community and to keep affected individuals safe as well.
“As Mr Haverfield said in his closing submission today this was a clear case of the police being called on to ‘deal with what was presented to them’.
“Mr Haverfield rightly defended Senior Constable’s actions in striking the young man with a baton by stating that ‘he never lost control… he always knew what he was trying to do and what he was trying to achieve’ to make the situation safe. He deemed his actions were necessary under circumstances that only the police are called on to confront and deal with”.
Mr King questioned the influence of the Law Enforcement Crime Commission (LECC) in bringing about a prosecution that has been a harrowing and drawn out experience for its member.
“We agree with Mr Haverield’s submission that the fact that this case proceeded to prosecution is an indictment of the way that mobile phone footage ‘contaminated’ witness recollections at a LECC inquiry, where the footage was repeatedly played up to 30 times.
“A failed and flawed prosecution like this should bring the actions of the LECC and its understanding of the everyday demands of policing into question”.
ENDS