Police charged with assault of rich man

ONE of South Australia's richest men has alleged he was assaulted by a police officer during a routine traffic stop.

In a case that has far-reaching implications for all police officers, Constable Norman Hoy will stand trial charged with the aggravated assault of Yasser Shahin - the head of the multi-million dollar On-The-Run fuel and cigarette empire.

The case is being closely watched by police who fear the outcome will affect their daily conduct, with many questioning why the officer is facing a criminal charge.

Sources said the incident occurred on Saturday, September 18 last year, when Constable Hoy and his partner stopped Mr Shahin in the CBD when he was driving his 2008 Rolls-Royce, accompanied by his wife, infant child and mother-in-law. The officers noticed Mr Shahin's vehicle had heavily tinted windows, which they suspected might have been darker than allowed under the Road Traffic Act.

Mr Shahin was pulled over in Grenfell St about 10.30am.

While Constable Hoy was talking to Mr Shahin, 36, on the footpath, Mr Shahin allegedly became agitated and argumentative when told the tinting would be tested using a meter kept in the patrol car.

The prosecution will allege there was physical contact between Mr Shahin and Constable Hoy when the officer allegedly tried to prevent Mr Shahin from re-entering his Rolls-Royce - previously owned by his father, Fred, who died in 2009. Constable Hoy then tested the tinting on the vehicle and found it was illegal under road rules. Car windows must allow at least 35 per cent of transmittable light - the tinting on Mr Shahin's front windscreen allowed 14 per cent and the rear windscreen just 7 per cent. Mr Shahin was issued with a defect notice, which described the breach as a "major defect", and told he had an hour to get the car off the road, driving it to his home in Burnside.

He was advised the tinting would have to be changed to the legal limit after which the defect notice would be removed at the Regency Park vehicle inspection centre. Mr Shahin could also have been given a $313 on-the-spot fine, but Constable Hoy elected to give him a warning only.

Shortly after the traffic incident, Mr Shahin engaged prominent Adelaide barrister Michael Abbott, QC, and a complaint was made to the Police Complaints Authority concerning the alleged conduct of Constable Hoy.

Senior police launched a Professional Standards investigation and Constable Hoy was interviewed on November 10. He was charged on August 1 this year with one count of aggravated assault. He will appear in court on Tuesday to face the charge.

While such charges are usually dealt with in the Magistrates Court, his lawyers have elected to have the matter heard before a jury in the District Court.

Constable Hoy's lawyer, Tindall Gask Bentley managing partner Morry Bailes, told the Sunday Mail "police would undoubtedly be concerned if Mr Hoy were convicted. "As he will tell it, he was only doing his job."

Police Association president Mark Carroll said the association was concerned the matter was before the courts. "Our understanding is the prosecution is proceeding only because of a recommendation by the Director of Public Prosecutions," he said.

"It has had a negative impact on the member and his family and the association is supporting him in his legal defence. He was acting in the execution of his duties and it is disturbing a charge of this nature has been laid."

Mr Shahin declined to comment yesterday because the matter is before the court.


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