Judge upholds cop's conviction for assault
Why was no criminal conviction recorded against this scum? It is a sad day when citizens (such as Mr Rowe and Miss Eaves) have to launch private prosecutions to prove police misbehaviour. The police brass obviously believe there is a degree of assault by police that should be permitted. That is however an entirely extra-legal view.
The Commissioner himself is tainted by his inaction in these cases -- even more so since he used taxpayer funds to defend the erring officers and take their cases to appeal
One can only hope that there will now be disciplinary action against Arndt after the failure of his appeal confirms what garbage he is
A policeman who was found guilty of assaulting a homeless man in a Brisbane mall has had his appeal against the verdict dismissed.
Constable Benjamin Arndt was fined $1000 in February, with no conviction recorded, for assaulting 65-year-old Bruce Rowe in Brisbane's Queen St Mall in 2006.
He was one of four officers who restrained Mr Rowe after he failed to obey a cleaner's request to leave a public toilet in Brisbane's Queen St Mall where he was getting changed.
Security video of the incident, which attracted national media attention, formed the basis of Mr Rowe's assault complaint. He had originally been found guilty of obstructing police and disobeying a lawful direction, but the decision was overturned on a second appeal. Mr Rowe then launched a successful private prosecution for common assault against Const Arndt.
In documents lodged in the Brisbane District Court, Const Arndt argued the magistrate erred by considering the previous court cases between Mr Rowe and Const Arndt when making her decision in the latest case.
Const Arndt also alleged evidence was improperly led during the private prosecution and claimed the magistrate had failed to make sufficient rulings on a number of pertinent issues including the lawfulness of a "move on" direction given to Mr Rowe before the incident.
Judge Brian Devereaux dismissed these claims in Brisbane's Court of Appeal on Monday. He found the magistrate had erred by considering previous court cases but that the guilty verdict stood.
"Mindful of the errors I have found in her Honour's reasoning, I have formed my own conclusion that the force used in the application of the four knee strikes was not authorised or justified or excused by law," the judge said.
The Police Ethical Standards Command and Crime and Misconduct Commission had found there was insufficient evidence to charge any of the police officers over the incident.