Second man accuses Victoria police officer of assaulting him

A POLICE officer accused of bashing a suspect with a torch pepper-sprayed a handcuffed man less than two months earlier.

Internal investigations cleared Leading Senior Constable Nathan Warrick of wrongdoing in both incidents, although the use of the spray was deemed "a poor option".

Leigh Harnden contacted the Herald Sun after reading a report about Geoffrey Craig Barnes' claim that his cheek was torn open by the torch-wielding officer and he was humiliated by being paraded in his underwear.

Mr Barnes is suing the state and Sen-Constable Warrick and another officer, claiming he was repeatedly assaulted, falsely imprisoned, humiliated, threatened, and locked in a cell for more than five hours, and then freed without being questioned about any offence or being legally arrested.

Mr Harnden said he was arrested after a disagreement with his ex-partner about his children's housing but was not charged. He is seeking legal advice about launching his own action.

Mr Harnden complained at the time to Victoria Police's ethical standards division about his treatment by police at Wyndham Vale in February 2010, saying Sen-Constable Warrick sprayed him in the face while he was handcuffed and under arrest; deliberately pushed him backwards into the rear of the divisional van, causing to him to hit his face on the door; and injured his left thumb and wrist while handcuffing him.

Mr Harnden's complaint was forwarded to local detectives, who found none of the allegations to be substantiated. They said Sen-Constable Warrick "acted in accordance with the law and accepted police practices, with the exception of (his) use of the OC spray".

Investigating officer Detective Sergeant Steve Daniliuk found Mr Harnden's injures were the result of his lawful arrest, with no evidence they were due to deliberate acts.

"The use of OC spray on this occasion was in response to a perceived threat of violence. However, its use would appear to be a poor option and one that I have recommended should be addressed through workplace guidance and training," he said.

Sen-Constable Warrick remains on active duty and will defend any case brought by Mr Barnes.

Police spokeswoman Natalie Webster said police managers had given the officer guidance about the use of OC spray.


http://www.couriermail.com.au/news/national/second-man-accuses-police-officer-of-assaulting-him/story-fnii5smp-1226653196414

Broome cop quits over assault claims

A 31-YEAR-OLD policeman accused of bashing a man in custody has resigned from the West Australian police force.

The assault on a 30-year-old man allegedly happened in the Broome Watch House on April 19 and was reported by a senior officer.

The policeman was given 21 days to explain why he should not lose his job but on Monday police said the man had quit the force.

The Corruption and Crime Commission has launched its own investigation into the matter and will hold public hearings next month.

Another officer implicated in the incident remains stood down from duty pending further investigation.


http://www.couriermail.com.au/news/national/broome-cop-quits-over-assault-claims/story-fnii5thq-1226651626512

Police may be charged over the death of Brazilian student Roberto Laudisio Curti

A NUMBER of police officers who chased, restrained or tasered Brazilian student Roberto Laudisio Curti could be prosecuted for their role in the fatal confrontation.

The Police Integrity Commission (PIC) yesterday announced it had given a brief of evidence to the Director of Public Prosecutions recommending that the DPP give "consideration" to prosecuting possibly as many as five police officers.

The PIC did not reveal the nature of the charges that could be laid or the identity of the officers who had been singled out for possible charges.

The brief of evidence was believed to contain witness statements including those from medical specialists, some of whom gave evidence at last year's two-week inquest into the death.

Mr Curti, 21, nicknamed Beto, died early on March 18 last year after he was chased by up to 11 police officers through Sydney's CBD for stealing, while high on LSD, two packets of biscuits from a convenience store. Once he was captured he was tasered nine times and up to three cans of capsicum spray were used.

The struggle ended when Mr Curti was found to be not breathing and with no pulse. Police then began CPR.

Mr Curti's family said last night they hoped the DPP would give it "proper consideration" as they were still dealing with the "awful images of Beto being repeatedly tasered and capsicum sprayed on the ground".

The family said they were disturbed by the fact the officers were still patrolling the streets "despite the Coroner's findings of recklessness and the Ombudsman's criticism of the critical incident investigation".

In November, State Coroner Mary Jerram delivered a series of scathing findings but stopped short of recommending charges be laid, instead recommending five officers face disciplinary charges. The inquest raised questions about the dangers of use of Tasers and Mr Curti's family blamed the police for taking his life.

The PIC said it would announce whether charges would be laid when the DPP has responded to the brief.Curti died while he was in Sydney to learn English. He was staying with his sister who is married to an Australian man.

It was the morning after a night out with friends celebrating St Patrick's Day.

 http://www.couriermail.com.au/news/national/police-may-be-charged-over-the-death-of-brazilian-student-roberto-laudisio-curti/story-fnii5s41-1226651714032

Gold Coast surf shop worker claims to be second man brutally bashed at Surfers Paradise police station

A GOLD Coast surf shop worker claims to be the second man brutally bashed while handcuffed in the bowels of Surfers Paradise police station.

Josh Gowdie, 21, is suing the Queensland Police Service for tens of thousands of dollars in damages.

He claims he was assaulted and thrown into a brick wall inside the Orchid Ave police station in December, 2011.

CCTV footage of the incident, obtained by Mr Gowdie's lawyers, was broadcast last night by Channel 9.

Mr Gowdie was allegedly bashed a month before chef Noah Begic claims to have been subjected to similar police brutality in the basement of the Surfers police station. He, too, is suing the police service for a six-figure sum.

"The police can't be allowed to get away with this sort of thing," Mr Gowdie told The Courier-Mail last night. "The two officers who did this to me are not fit to be in the police service."

Mr Gowdie said the incident happened in Surfers in the early hours of December 5, 2011, when he was "standing up for a female who got arrested".

He said police pushed, shoved and punched him in the street before hurling him against a brick wall in a passageway inside the police station.  "I didn't do a single thing to deserve it," he said.

"I told them I'd had shoulder surgery and they (police) said they'd dislocate my shoulder again.  "I suffered multiple injuries including cuts and bruising, grazes, claw marks and a chipped tooth and I still get flashbacks."

Mr Gowdie said he was speaking out now because he was frustrated at the slow pace of the police investigation.

A QPS spokeswoman said the investigation was ongoing.


http://www.theaustralian.com.au/news/gold-coast-surf-shop-worker-claims-to-be-second-man-brutally-bashed-at-surfers-paradise-police-station/story-e6frg6n6-1226651701797

Man bashed by Qld police to sue

A MAN allegedly bashed by police under the Surfers Paradise police station has launched legal action against the state of Queensland.

Noa Begic was arrested after a night out in Surfers Paradise in January last year and taken to the basement of the local police station, where CCTV footage appeared to show him being punched and thrown to the ground by officers.

The Courier-Mail posted exclusive footage of the incident on its website and all charges against Mr Begic were later dropped.

However, he has now taken legal action, engaging high-profile law firm Maurice Blackburn to sue the state of Queensland in a civil suit.  He is believed to be seeking a six-figure settlement.

A close friend of Mr Begic said it was taking a long time for the mental scars to heal after the ordeal.  "He was very anxious about police for a long while as you can imagine," said the friend. "He is trying to get on with his life and sees this as a chance to close the door on that chapter."

Two of the four officers allegedly involved in the incident remain suspended from duty while the Queensland Police Service's Ethical Standards Command runs its own investigation.

Mr Begic had been drinking with friends after finishing his shift at a Surfers Paradise restaurant when he was approached by police officers.  He was arrested and taken to the basement of the nearby police station.

CCTV then appears to show a handcuffed Mr Begic being flung to the ground before being punched several times in the head by one of the officers as he is pushed into the back of a police wagon.

One of the officers is then shown pouring a bucket of water over what looks to be a puddle of blood on the basement floor.

Mr Begic was charged with being a public nuisance and obstructing police after he allegedly directed numerous loud and abusive comments towards officers patrolling the Surfers nightclub strip.

The charges against Mr Begic were thrown out last June. Mr Begic has also asked the Queensland Police Service to pay his legal costs from that court action.

The ethical standards investigation into the affair continues, while an investigation is also under way into an officer accused of leaking the CCTV footage to the newspaper.

http://www.couriermail.com.au/news/queensland/friend-says-noa-begic-has-mental-scars-after-bashing-in-surfers-paradise-police-station-basement/story-e6freoof-1226647224141

Software pirates: An Australian police force

NSW Police incurred a $1.8 million legal bill defending itself against a multinational software company that sued for wide-scale copyright piracy, figures obtained under government information access laws show.

Software company Micro Focus alleged in 2011 that the NSW Police Force, Ombudsman, Police Integrity Commission, Corrective Services and other government agencies illegally used its ViewNow software, which is used to access the intelligence database known as COPS.

The company alleged police and other agencies were using 16,500 copies of its software on various computers when police were only ever entitled to 6500 licences. The group initially alleged $10 million in damages but later increased this to $12 million after reviewing the results of a court-ordered, $120,000 KPMG audit of the NSW Police Force's computer systems.

The police force maintained during the court proceedings that it had paid for a site licence that entitled it to unlimited installations of the software for all of its officers.

Despite this, it settled the matter out of court last year for an undisclosed sum. The other agencies previously settled the matter out of court, also for undisclosed sums.

No internal documents were handed over to Fairfax Media as part of its government information access request.

Darren Brand, Senior Sergeant co-ordinator at the NSW Police information access and subpoena unit, denied a request for documents relating to how much was paid to Micro Focus as part of the settlement, and why the matter was settled out of court.

Mr Brand did however divulge that no one was sacked as a result of the legal action by Micro Focus and the legal costs for the case totalled $1,829,709.29.

''To put these costs in context, Micro Focus has claimed as much as $12 million in damages,'' he said.

Mr Brand said there was a stronger public interest against releasing all of the information requested. He said it would ''breach'' the NSW Police Force's obligation to maintain the confidential terms of the settlement.

Mr Brand also believed the release of that information ''could result in further legal action against [the police force], which would incur further expenditure of government funds''.

But Sydney piracy investigator Michael Speck said it "beggars belief" that the NSW Police Force had continued to pursue the case even after all other government agencies had settled.

"One can only assume [the police force's settlement] was motivated by ready access to the public purse," Mr Speck said.

"They have settled the case after fiercely resisting it on commercial terms that include the settlement being confidential. You'd have to wonder how the confidential settlement sits with the obligation that police have to properly investigate and report on alleged misconduct."

Mr Speck said the public deserved to know if police had properly investigated the matter internally, if they had taken steps to ensure something like the matter never happened again, and if action would be taken against the individual who allegedly set it on the path of software piracy

 http://www.smh.com.au/it-pro/government-it/nsw-police-hit-with-18m-legal-bill-after-piracy-case-20130426-2ijr8.html

Australian woman says police assaulted her at home after call to counselling service

A 60-YEAR-OLD woman who claims police officers burst into her Erindale home and assaulted her after she rang a counselling service has lodged an official complaint with the Police Ombudsman.

Denyse, who did not want her surname published, alleges she was physically assaulted, verbally abused and forced to urinate on the floor when five officers attended her eastern-suburbs house on the morning of April 9.

Police confirmed that officers had attended the home and the Ombudsman was now investigating Denyse's complaint.

"SAPOL cannot, and will not, make comment on the nature of the investigation or allegations," an SA Police statement said.

Denyse said the "nightmare" incident happened after she rang a sexual assault counselling service and an apparent misunderstanding led to police being dispatched to check on her welfare.

She alleged she was sexually assaulted more than a month ago, but has provided The Advertiser with written consent to identify her so she can seek justice.

Denyse said she had never before spoken with the counsellor she dealt with on April 9 and believed the person may have misinterpreted her distress as a threat to harm herself.

She alleged she was doing housework when two male police officers burst through her front door and jumped on her without identifying themselves or explaining why they were there.

"I was washing the floors and the next minute someone jumped on me. I thought it was a home invasion," she said. "They started beating me up, they started belting me. I screamed and I screamed."

Over the next two hours, during which five police officers - four males and one female - were in her house, Denyse alleged police:

TOLD her she was not allowed to phone her husband and had no rights.

PREVENTED her from going to the toilet and forced her to urinate where she lay.

KICKED her in the hip, hit her in the face, twisted her arms and pushed her to the floor.

CONFISCATED her mobile phone, which was only made apparent when her husband Andrew recognised its ringtone and an officer took it out of his pocket.

Andrew said he arrived home about 90 minutes after police entered the home. "I'm not sure why it takes so many people to subdue a 60-year-old woman," he said.

Royal Adelaide Hospital notes provided to The Advertiser detail bruising on Denyse's arms and determined there was no evidence of psychosis.

Victims' Rights Commissioner Michael O'Connell said police management of cases such as this could be complex, but "all citizens have fundamental rights that should be at the forefront of police interventions".


http://www.adelaidenow.com.au/news/national/adelaide-woman-says-police-assaulted-her-at-home-after-call-to-counselling-service/story-fncz7kyc-1226626215640

Vic. police hiding behind secrecy to cover up their failings

TRIPLE-0 emergency call data used to help expose under-reporting of violent crimes by Victoria Police is now being hidden from the public.

The Herald Sun revealed last year that police were sent to 25,000 more assaults in Melbourne and Geelong by triple-0 dispatchers in 2010-11 than were recorded in Victoria Police crime figures.

When fresh data was sought by the Herald Sun, the Emergency Services Telecommunication Authority, which operates the system, said information on incidents that police were sent to, including assaults, brawls, domestic arguments and neighbourhood disputes, could no longer be released.

Police Minister Kim Wells promised new laws to end the secrecy after being contacted by the Herald Sun.

The State Ombudsman had repeatedly urged the force to make greater use of triple-0 data since finding in 2009 that police had abused recording procedures to improve crime clearance rates.

CEO Ken Shymanski said ESTA recognised the legitimacy of the public interest in the information and "would prefer to have a capacity to share generalised information about call-taking and dispatch", but had been advised this was no longer possible.

Mr Shymanski said ESTA had sought legal guidance as to its obligations late last year following an information request from a member of the public. He said that advice cast doubt on the legality of past releases.

"In short, ESTA must not publicly release 'any information' relating to calls received or messages communicated by the authority in the course of providing emergency services."

ESTA declined to release the legal advice.

Mr Wells said the secrecy was an unintended consequence of strict privacy provisions included in the ESTA Act when it was introduced by the former Labor government in 2004. "We will amend the legislation to strike a better balance between the public's right to know how the service is performing and the need to protect the privacy of Victorians who have used the ESTA service."

In February, Victoria Police said it would launch an external review of the way it collected data on assaults after the Herald Sun revealed the Australian Bureau of Statistics' victim survey had put the number of assaults in Victoria in 2011-12 at 588,600 - 14 times the 42,076 recorded by police.

http://www.couriermail.com.au/news/triple-0-call-data-used-to-expose-under-reporting-of-violent-crimes-by-vicpol-being-hidden-from-public/story-e6freon6-1226622007661

Officer who failed to issue alert on sinking boat set to be demoted

A POLICE officer who failed to alert authorities that a boat was sinking in the Torres Strait before five people died is likely to be demoted, after a successful Crime and Misconduct Commission appeal.

A girl, four, and four other people drowned when the Malu Sara went down on the way from Saibai to Badu Island in October 2005.

Thursday Island Sergeant Warren Flegg was told the vessel was taking on water but did not tell rescue authorities that the boat was in distress until hours later.

After a disciplinary hearing an Assistant Commissioner found Sgt Flegg should be demoted to Senior Constable for two years, but suspended the order, subject to him completing training.

In February last year a Queensland Civil and Administrative Appeal Tribunal senior member dismissed the CMC's appeal against that decision, finding that the sanction was appropriate.

But the CMC brought a fresh appeal, on the basis that a reasonable tribunal would have found the sanction "unreasonable or plainly unjust". The Commission no longer asked for Sgt Flegg to be dismissed.

On February 20 QCAT appeal tribunal members Justice Alan Wilson and Dr Bridget Cullen said a suspended sentence did not reflect the seriousness of Sgt Flegg's misconduct and it was "surprising".

"His failure to pass on critical information as soon as practicable was a very serious omission, particularly when he was a trained search and rescue co-ordinator," Justice Wilson said.   "The failure to discharge that duty persisted for some hours, compounding its seriousness."

Justice Wilson said in his view Sgt Flegg should be demoted to Senior Constable for two years from a date to be decided and be allowed to apply for a sergeant's position only after two years, under certain conditions.

http://www.couriermail.com.au/news/queensland/officer-who-failed-to-issue-alert-on-sinking-boat-set-to-be-demoted/story-e6freoof-1226588576694

Judge says NSW police wrong to strip search black kid

A District Court judge has found police in Broken Hill were wrong to strip search a 17-year-old intellectually disabled boy by the side of the road.

A magistrate found the boy, who cannot be named because of his age, guilty of possessing a small amount of cannabis after he was arrested and strip-searched in July 2011.

But his lawyers appealed against that, arguing the evidence was not admissible because the strip search was improper.

Judge Jennifer English agreed.  She found police had no reasonable grounds for arresting the boy and searching in his underpants.

He was stopped and searched by police unlawfully, because the police simply had no reasonable suspicion.

Stephen Lawrence from the Aboriginal Legal Service, which represents the boy, says there was no valid reason to stop the boy.

"He was stopped and searched by police unlawfully, because the police simply had no reasonable suspicion.  "So this is a case of a young person simply being stopped for no reason. For no valid reason."

Mr Lawrence says the boy had been stopped by police 26 times in the previous two-and-a-half years and he had never once been found with drugs.

He says there should be an investigation.  "Any citizen in the community would find that to be an unusual circumstance and certainly one that would call for an investigation," he said.

Mr Lawrence says the boy's family has requested the state ombudsman launch an inquiry into the case.

A police spokesman says it is reviewing the court's decision to see whether any action will be taken.

http://www.abc.net.au/news/2013-02-28/police-wrong-to-strip-search-disabled-boy3a-court/4545952

Ombudsman criticizes killer NSW cops

For no good reason they piled onto the student after he was down

The family of a Brazilian student who died in Sydney after being tasered and sprayed with capsicum spray say they are disgusted at what they say is a complete lack of accountability for police officers.

Roberto Laudisio Curti died on March 18 last year in Sydney's central business district while being restrained by New South Wales police officers.

The state's ombudsman, Bruce Barbour, has criticised the force's own investigation into the incident, describing some aspects of it as farcical.

In a report that was released yesterday, Mr Barbour called for his office to be able to monitor any internal police investigations into incidents involving a death.

Mr Curti had been living in Sydney with his sister Ana Laudisio de Lucca and her husband Mike Reynolds.

The couple spoke exclusively to the ABC's AM program after the ombudsman's report was released.

Ana Laudisio de Lucca says her family is still struggling with the shock of her brother's death.  "He left this world and nothing came out of this for the better, so that's why waiting for answers is very frustrating," she said.

On the night of his death Mr Curti had taken LSD, making him paranoid and delusional, and stole a packet of biscuits from a convenience store.

Police pursued the 21-year-old, firing Tasers at him 14 times and also blasting him with capsicum spray.

Last year Coroner Mary Jerram made an open finding on Mr Curti's death.  But she also said, "It's impossible to believe that he would have died, but for the actions of police."

Ombudsman Bruce Barbour says the internal police investigation into the death was lacking.  "The police investigation into the death of Mr Laudisio Curti failed to adequately identify and deal with the question of whether there was any police misconduct," his report says.

Mr Curti's brother-in-law, Mike Reynolds, welcomes Mr Barbour's findings.  "Look, I think it's incredible. Unfortunately it is not entirely surprising," he said.

"I just think that throughout this process we have kind of had the feeling that the police have been trying hard not to admit that they've done anything wrong and that's really tough for us to deal with."

In his report Mr Barbour says that, despite collecting evidence, it appears no-one in the New South Wales Police Force wanted to address difficult questions about the conduct of officers.

He says leaving the four officers under investigation armed with their Tasers for eight months after Mr Curti's death ignored the risk those officers posed to the community.

Mr Barbour says there was a "farcical situation" where the internal investigation team and the Taser Review Panel each assumed the other would review the use of Tasers by the officers.

Mr Curti's sister and her family still live in Sydney, but no longer have any trust in the state's police.

"Following closely the case, you can see that a lot of these officers are really young, they barely have any training and they're just giving arms that look like toys to go out there," Ana Laudisio de Lucca said.

"When you really think about it, the fact that this could go wrong and the fact that they can be promoted and they are even still police officers is, I think, quite scary," Mr Reynolds said.

"So unfortunately you don't have a degree of confidence in the police as a result of that."

http://www.abc.net.au/news/2013-03-01/anger-remains-for-family-of-taser-death-student/4546840

Court awards almost $130,000 to man punched by Victoria cop

A BONSAI gardener who was punched in the head by an officer after being arrested has been awarded almost $130,000 from Victoria Police.

Tim Vivoda, 42, launched civil action against Victoria Police after he was punched by Leading Sen-Constable David Kealy as he was being processed to go into Ringwood station's cells in 2008.

Today he was awarded $129,304.50 after a court ruled the “insulting” attack had violated Mr Vivoda’s rights and breached the public’s trust of the police force.

Mr Vivoda had been arrested for being drunk in a public place and claimed he was punched after trying to escape custody to seek medical attention.

During the County Court civil trial, Sen-Constable Kealy, an officer with 17 years' experience, said he punched Mr Vivoda as hard as he could because he feared he had tried to grab his police firearm.

Sen-Constable Kealy said it hadn’t occurred to him that he had already checked the weapon in and instinct had kicked in, in line with Victoria Police training.

Surveillance footage of the incident played in court showed the moment Sen-Constable Kealy stepped back and landed the blow on Mr Vivoda's left cheek, as several other officers looked on.

Delivering his judgment today, County Court judge Chris O’Neill had reservations about the credibility of evidence given by both Sen-Constable Kealy and Mr Vivoda, saying at time it beggared belief.

He rejected claims by Sen-Constable Kealy that he had not discussed the incident with other officers after the event.  “That evidence beggars belief,” he said.

“The incident was dramatic, both in terms of the lunge by Mr Vivoda and even more so, the punch by Mr Kealy.

“To sugest that it was not the subject of any discussion subsequently, particularly with his (police) partner, is incomprehensible.”

Judge O’Neill also rejected claims Sen-Constable Kealy had acted in self defence, believing that Mr Vivoda had lunged at his gun.

“I am satisfied Mr Kealy did not have an honest belief, upon reasonable grounds, that Mr Vivoda was attempting to grab his pistol.

“While Mr Kealy had little time to consider and react, his actions were out of proportion to the threat, and constituted a breach of the trust the public places in the police force.

“The manner in which Mr Vivoda was treated in the custody area of the police station in the aftermath of the punch does, and the force by which the blow was delivered, in my view, constitute conduct of an insulting nature and in contumelious disregard of Mr Vivoda’s rights,” he said.

Mr Vivoda claimed he had been left with thousands of dollars in medical bills, had developed suicidal tendencies, and had been left with permanent injuries.

An application made by lawyers for Mr Vivoda for interest and costs will be heard next month.

http://www.couriermail.com.au/news/opi-didnt-question-key-police-officer-involved-in-the-alleged-assault-of-man-in-custody-tim-vivoda/story-e6freon6-1226587517014

Judge's blast for Tasmania police

A SUPREME Court judge has criticised police misconduct in an investigation into the theft of more than $80,000 in cash and cheques from a North-West Coast car dealer.

Kathryn Anne Woodberry, 39, was found guilty in November of stealing the money from her Devonport employer Gowans Motors and was jailed for nine months.

It can now be revealed that in a pre-trial hearing, Supreme Court Justice Alan Blow ruled critical evidence to be inadmissible because investigating officers had broken the law.

Justice Blow found the sergeant conducting the investigation failed to inform Woodberry she was under arrest, did not allow her to phone a lawyer and unlawfully compelled her to submit to a search of her home.

The judge also found the officer obtained evidence unlawfully by questioning her at work without making a video recording.

He was so unimpressed by some of the evidence given by the officer he said he was unable to place any reliance on it and said that it did not reflect well on the officer's credibility or that of another officer who testified in the case.

"The evidence of the two detectives and that of the accused is so different that it is clear that at least one witness has told lies ... it may be that all three have done so."

Justice Blow ruled the evidence could not be used.

"Police officers need to be made aware of the importance of conducting their investigations properly and in accordance with the law," he said.

"One sure way of doing that is to exclude evidence obtained by improper and unlawful means, and evidence obtained in consequence of improper and unlawful conduct."

Justice Blow said he did not expect Tasmania Police would take action against the officer for breaching the law and police procedures.

In 2007, Justice Blow made similar findings against the same officer over his dealings with a suspect when questioned in a drugs case.

Woodberry was convicted on the basis of other evidence.

http://www.themercury.com.au/article/2013/02/25/373144_todays-news.html

'I was capsicum sprayed and fined after going to woman's rescue'

He's lucky he didn't get shot.  The Vic cops are good at that.  Their tiny egos need a lot of propping up

A GOOD Samaritan who rushed to the aid of a woman "having her lights punched out" was gobsmacked to get a $553 fine from police in the post.

Aaryn Hayes, 25, was with friends in Brunswick St, Fitzroy, on Sunday morning when he saw a man grab a woman by the throat and throw her to the ground.

Mr Hayes grabbed the man towering over her and pinned him against a wall.  Seconds later, police arrived and doused both men with capsicum spray.

"The guy was punching the hell out of this lady," Mr Hayes said.  "I didn't punch him or hurt him. I simply grabbed him and moved him away from her to stop the violence.

"She was having her lights punched out - he was getting really stuck in - and people were just walking past. I had to help," he said.

Mr Hayes said while one police officer dealt with "the yelling and screaming offender", he explained to the other what had happened, and they helped him clear the spray from his eyes.

"Then the other officer came over and said I was disturbing the peace and acting in a riotous way.

"I was bewildered. I was just trying to stop a woman being beaten to a pulp and police were saying I was in the wrong for helping.

"I was with seven friends and my girlfriend, who were all witnesses. But when they spoke to the officer he threatened to arrest me and take me back to the station.

"Meanwhile the guy who attacked the woman was let go because the woman didn't want to press charges."

Mr Hayes said his shock was compounded on Tuesday when he received in the post a $600 penalty notice for "riotous behaviour".  "I feel like a criminal for trying to help police," he said.

"I keep thinking, 'What if it was my girlfriend or mum who was being attacked, and no one helped?'.  "It's not in my personality to walk by, but the fine has made me think twice."

Mr Hayes said he was seeking legal advice and would contest the penalty in court.

A Victoria Police spokesman, Belle Nolan, said: "It's believed a man in his 20s intervened in a verbal dispute between a man and a woman. It's alleged the man assaulted the victim, aged in his 50s, and refused to comply with police instructions to stop.

"He was sprayed with capsicum spray and received an infringement notice for riotous behaviour."

http://www.couriermail.com.au/news/national/i-was-capsicum-sprayed-and-fined-after-going-to-womans-rescue/story-fndo1wyv-1226582277483