Police ordered to pay $35k over baton attack during arrest of two homeless men
- 10 years ago
POLICE have been ordered to pay about $35,000 in costs after a magistrate ruled an officer unlawfully attacked two homeless men with a baton.
Shaun Robert Jones and Christopher John Mackie had faced trial for assault after Constable Matthew Schwarz and his partner, Constable Jennifer Clarke, alleged the men became aggressive towards them as they made inquiries about drug dealing near homeless shelters.
But Adelaide Magistrate Stefan Metanomski threw out those charges in November last year saying police had “exceeded their authority” in dealing with the two men at Whitmore Square.
He also condemned Constable Schwarz’s evidence about the incident, saying there was a “real possibility” he had embellished his account “to justify his action”.
Today, Mr Metanomski ordered police pay costs over the incident — which The Advertiser understands to be about $35,000.
Vision of the incident, taken by the Seven Network, shows Jones being arrested with another man.
The vision shows one of two officers hitting one of the duo twice with his baton, and the other man three times.
Prosecutors had disputed some of the costs, claiming they were not liable to cough up the bill for several expert witnesses called by defence lawyers for Jones and Mackie during the trial.
They said there was no dispute the officer had used the baton and they should not have to bare the cost of his testimony.
But Jones’ lawyer, Graham Lange, said Const Schwarz had tried to “minimise” the force and extent of the baton use.
“He (the doctor) became essential to show the full extent of the baton use,” he said.
During the trial Const Schwarz said Jones, in particular, was aggressive towards him and threatened him with statements including “you’re dead c**t, take off your uniform and fight me you weak dog” and “wait until I see you off-duty c**t, I will f**king bash you and put you in the ground”.
He said he was forced to use capsicum spray to subdue the men after Mackie pushed him backwards.
Police have launched an investigation into the arrest but the results are yet to be made public.
Shaun Robert Jones and Christopher John Mackie had faced trial for assault after Constable Matthew Schwarz and his partner, Constable Jennifer Clarke, alleged the men became aggressive towards them as they made inquiries about drug dealing near homeless shelters.
But Adelaide Magistrate Stefan Metanomski threw out those charges in November last year saying police had “exceeded their authority” in dealing with the two men at Whitmore Square.
He also condemned Constable Schwarz’s evidence about the incident, saying there was a “real possibility” he had embellished his account “to justify his action”.
Today, Mr Metanomski ordered police pay costs over the incident — which The Advertiser understands to be about $35,000.
Vision of the incident, taken by the Seven Network, shows Jones being arrested with another man.
The vision shows one of two officers hitting one of the duo twice with his baton, and the other man three times.
Prosecutors had disputed some of the costs, claiming they were not liable to cough up the bill for several expert witnesses called by defence lawyers for Jones and Mackie during the trial.
They said there was no dispute the officer had used the baton and they should not have to bare the cost of his testimony.
But Jones’ lawyer, Graham Lange, said Const Schwarz had tried to “minimise” the force and extent of the baton use.
“He (the doctor) became essential to show the full extent of the baton use,” he said.
During the trial Const Schwarz said Jones, in particular, was aggressive towards him and threatened him with statements including “you’re dead c**t, take off your uniform and fight me you weak dog” and “wait until I see you off-duty c**t, I will f**king bash you and put you in the ground”.
He said he was forced to use capsicum spray to subdue the men after Mackie pushed him backwards.
Police have launched an investigation into the arrest but the results are yet to be made public.