I can recall a case that I handled a number of years ago that concerned a young woman who had attended a Karaoke Bar in the Adelaide Central Business District late on a Friday night with a friend. The two women had consumed a number of alcoholic beverages in the course of that evening. The CCTV footage in the bar showed that they had been having a good time singing and laughing away.
Unfortunately, when their Karaoke machine seized up and stop working the young woman tapped a large TV screen located in front of her with her microphone in an effort to make the music start playing again. This caused a crack to appear in the screen. The young woman got into an argument with the owners of the Karaoke Bar about the damage she had caused, her friend disappeared and the police were called to the scene.
The CCTV footage from outside the bar then shows that when the police arrive, although the young woman is intoxicated, she appears to be relaxed, calm and cooperative. She is seated on a chair at the front of the bar and is questioned at length by two male police officers of large physical stature. The officers then lift her up from the chair and appear to place her on the ground inside the bar. There are still no visible signs that she is resisting police arrest or doing anything other than being fully cooperative.
The young woman is then out of the view of the CCTV footage for a short time. When she reappears she is being escorted outside the bar by the officers. As she comes closer into the view of the footage it becomes apparent that she is noticeably bleeding from both her nose and her mouth. She is charged with the offence of Resist Police Arrest.
She later has photographs taken of her injuries. There is a horrific amount of swelling and bruising visible on one side of her face.
She instructs me that she did not at any stage Resist Police Arrest. I told her that after I had viewed the CCTV footage many times I could find no evidence to support the allegation that she was resisting arrest. Pursuant to my advice, she elects to defend the charge. On the day of her trial I arrived at Court only to be told by the prosecution that they were withdrawing their case against my client.
I have a deep respect for the South Australian Police and for the work that they do in protecting our community. They routinely place themselves in positions of danger, especially when they are asked to deal with incidents involving drunken violence. However, in arresting members of the community the police must also conduct themselves within the parameters of the law.
As a criminal defence lawyer I believe that it is my solemn duty and “calling” to fight for and obtain justice for victims of police violence. In my experience, stories like the one above are becoming more common.
If you believe that you have been the victim of police violence and/or brutality then we would love to hear from you.
(Image courtessy of adelaidenow.com.au)
