Another NSW thug cop
A SYDNEY riot squad officer has been accused of using a dangerous ''take down'' manoeuvre that seriously injured a Gold Coast property developer, and then falsely claiming the middle-aged man had swung at him with a clenched fist.
But Constable Jared Mildenhall told a Sydney court yesterday that he thought developer Richard Hamilton, 62, had just assaulted a taxi driver and feared he would be next.
Constable Mildenhall, 33, is facing allegations in the Downing Centre Local Court that late one night in December 2009, he used an ''arm bar take down manoeuvre'' on Mr Hamilton and threw him head first into a granite wall.
The riot squad officer allegedly followed up with a ''leg sweep'' that sent Mr Hamilton crashing to the ground with another officer on top of him.
Mr Hamilton suffered multiple rib fractures and head injuries in the incident, and has reportedly launched civil action against NSW Police.
Giving evidence before magistrate Janet Wahlquist yesterday, Constable Mildenhall said that on the night of the incident, a taxi driver had approached his vehicle near The Rocks and claimed that Mr Hamilton had just assaulted and racially vilified him.
He said Mr Hamilton had begun walking swiftly from the scene and he had given chase. ''I yelled: 'Stop, police!' … and then I came up behind and grabbed his left shoulder,'' he said. ''Almost immediately he's swung around … then I've seen his clenched fist extend and his arm come around in my direction … I feared I was going to be assaulted. I've moved my hand down and grabbed his left wrist … and commenced the arm bar take down.''
But the prosecutor, Andrew Wong, put it to Constable Mildenhall that he had not yelled ''stop police'' nor seen Mr Hamilton with a clenched fist, noting that neither of these alleged occurrences were recorded in his police notebook. ''The first mention of 'stop police' came four months after the events occurred, didn't it, Constable?'' he said. ''I'm suggesting that you included that in your statement four months later because you needed an excuse to justify what you did.''
Constable Mildenhall denied this. The prosecutor also suggested Constable Mildenhall had no justification for using the ''take down manoeuvre'', which he knew had a ''high risk of causing of causing injury''. ''You put the clenched fist [in your statement] because you knew that you would look better and to justify why you hit Mr Hamilton into the wall,'' Mr Wong said. Constable Mildenhall denied it.
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Make sure you follow this one. It is still in court waiting for the magistrate to deliberate - which comes back next thursday. The media has already apologised to the officer for publishing false information - as it is clear that Hamilton was lying to the court. Yet another case of the police doing their job and trying to get home to their family without 'thug's' like Hamilton assaulting them. Please don't take the media's report as gospel truth.
ReplyDeletePlease let it be known that this police officer was found not guilty after a four day hearing and a week long analysis for summation. The magistrate had very scathing remarks towards Hamilton who, after careful consideration of all the evidence concluded that he was unreliable and that he had essentially mislead the court.
ReplyDeleteIf it wasn't for his fellow officers in the Australian Police Service proving that they lie, assault & issue false police reports to incriminate innocent victims. Then maybe we wouldn't have reason to believe/know that police do LIE. Don't blame the communities. Blame the Australian Police Service & the serving police officers!!
ReplyDeleteCheck this case out
ReplyDeleteA former NSW Police Officer, attached to the Kings Cross Local Area Command.
After having two corrupt police stitch him up for "offensive conduct" and subsequently hounded out of the NSW Police Force (on appeal before the IRC), This officer finally got a chance to prove police had in fact lied, fabricated evidence and perverted the course of justice.
Beck v State of NSW and Commissioner of Police
NSW Supreme Court December 2012
Judge's summary findings at 63 of judgement. Police fabricated statements and attempted to pervert the course of justice and awarded $170,000 damages + costs.
The Police withdrew their defence, without notice, after the plaintiff had given all his evidence that, in affect protected the two police officers in question from committing perjury (if they stuck by their statements).
Of course, the NSW Police were willing to do anything at this point to get away with it, including admitting that a Superintendent's official police diary was not an accountable item when it was, and admitting, on court record this same Superintendent destroyed her official police diary, the property of the NSW police force and this was common practice.
The state and NSW Police have appealed the case they never defended. So, stay tuned.
Caught out guys, ouch