Police have told a court they could have used a hidden camera in a car to record video of the woman being arrested and the man being assaulted during a traffic stop.
Key points:The woman’s boyfriend says he would have taken the video but for the police’ actionsThe man was in police custody after he was caught on video attacking the woman with a stick and hitting her with his phone, court documents revealThe woman said she was angry and upset with police, who did not show her her rights at the time, but her boyfriend has told a NSW court he would never have filmed the incident if they had known about it.
The woman, who cannot be named for legal reasons, was arrested in March last year and charged with assaulting and resisting police, assault causing bodily harm and obstructing a police officer.
The case has prompted the NSW Police Integrity Commission to launch an investigation into the handling of the case.
In her submission to a trial, the woman said the officer who detained her was disrespectful to her and that the officer told her that she would be released after the trial was over.
“She said I would be out in six weeks if I didn’t cooperate,” she said.
“It was not an accurate and fair assessment.”
The woman also told the court she did not know if she was a witness against the officer, but said she had spoken to other witnesses.
“I had spoken with other people who had been involved in the same incident as me and they were also involved in some form of arrest,” she told the NSW Supreme Court.
The court heard the woman and her boyfriend, who is not named, were stopped by police for allegedly failing to stop at a stop sign and speeding.
When they got out of the police car they were met by two officers, one of whom was carrying a video camera.
The man approached the woman, identified as Jane, and allegedly attacked her with a wooden stick.
She said she resisted the attack, which prompted the officer to grab her from behind.
“He grabbed my head and threw me to the ground,” she testified.
“His hand was on my throat.
He punched me in the face and then he hit me with his hand.”
She said the assault continued, and she suffered bruises to her face, back and neck.
She testified that the officers then arrested her boyfriend for failing to pull over.
The pair were taken to a nearby police station and the video of that incident was played in court, but the woman testified she did nothing to stop the attack.
“My boyfriend’s arrest was unjustified,” she wrote.
“As a police employee I should have known better and should have been on the phone with my partner.”
She claimed she was then asked by the officer about the video.
“What did you think about the woman’s arrest?” the officer asked her.
“Yeah, I was in shock,” she replied.
“You have to ask the woman,” the officer replied.
Jane testified she had no idea who was filming the incident and had no recollection of being in the police vehicle.
“Did you notice any signs that someone was filming?” the court was told.
“No,” she responded.
“Why didn’t you say anything?
You didn’t want anyone to know.”
The court was also told police were aware the video could be used to incriminate the woman.
“The video camera that was used in the incident was hidden inside a police vehicle,” she stated.
“This is a police activity.”
She added she had asked for the officer’s name and number and said they could be released.
The footage from the video camera was later shown in court.
The video shows the officer telling the woman that he would release her after the court heard she would not have to be handcuffed.
She was then released and she was given a police caution for the incident.
The judge heard the video was not played during the trial, and did not lead to the woman giving evidence.
She told the judge she did “not have any regrets” over the incident, saying she was “pretty sure” the officer was innocent.
“In my mind I’m not surprised that there were no witnesses who could have corroborated the events that occurred in the video,” she added.
She also testified the video footage was not used to establish guilt.
“Had you been a witness I would have been able to have a say on what you did or didn’t do,” she admitted.
“If you did anything wrong, you’re not innocent.”
She told The ABC she was not concerned about being a witness, and said she did want the officer charged.
“But I’m also not a bad person and I’m going to be held accountable for what I did,” she explained.
“There was nothing wrong with what I was doing, what I thought was appropriate.”
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