Title : 'The force is highly excessive': Canberra cops guilty of assault
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'The force is highly excessive': Canberra cops guilty of assault
An Australia Day scuffle in which a police officer threatened to search a man for "being a smart-arse" has ended with two Australian Federal Police members found guilty of assault in the ACT Magistrates Court.
Senior Constable Matthew McVicar, 35, and Constable James Head, 29, were charged after complaints from the victim, who was a backseat passenger in a car stopped by the pair in Canberra's city area in January 2017.
Key evidence in the case came from a mobile phone video, taken by the victim's girlfriend, who was also in the car.
The two police officers, working for ACT Policing, had followed the car after it took a wrong turn into the city's bus interchange, which is blocked to regular traffic.
The driver said he realised his mistake and moved to get out of the street as soon as possible, but could not find a place to stop for some distance, after the police officers indicated he should pull over.
During discussions with the driver, the pair turned their attention to the backseat passenger, setting off the exchange.
Constable Head threatened to arrest the victim after accusing him of interrupting their conversation with the driver.
"If you do not shut up your mouth I'll pull you out and arrest you," he said.
"I'll be searching you for being a smart-arse."
And then he ordered the victim to "get the f*** out of the car right now".
The court heard the two officers then grabbed the man by the arm and the head and propelled him to the ground before handcuffing him.
After watching the video, Magistrate Robert Cook found the man had not been given time to respond.
"The force is highly excessive," he said.
He also noted the man had not struggled in the way the officers had described.
"I am satisfied that there is no resistance on the part of [the victim]," he said.
The officers were originally charged with assault causing actual bodily harm.
Magistrate Cook found that injuries suffered by the victim were so short-lived they were trivial. But he found there was no lawful excuse for their actions, and found both guilty of common assault.
They will be sentenced in July.
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