A policeman who sprayed water into the face of a pensioner who had been capsicum sprayed didn’t assault the person as a result of he consented, the officer’s lawyer has argued.
The Preston man was sprayed with capsicum spray throughout a welfare examine by police in September 2017 after he did not return messages from a counsellor whereas withdrawing from opioid medicine.
Senior Constable Florian Hilgart is considered one of three officers charged over the incident and is accused of assaulting the person by spraying him instantly within the face with a hose on excessive strain.
His lawyer Malcolm Thomas advised the Heidelberg Magistrates Courtroom on Thursday that via video footage of the incident, the person complains in regards to the results of the spray on his eyes.
“One would count on (he) would need one thing to alleviate that ache. That might be a pure human response to take action,” he stated.
The person was sprayed various instances with the hose, however Hilgart is just charged with spraying him as soon as.
Mr Thomas stated the primary time the person was sprayed he turned his face into the excessive strain water at shut vary.
He stated that quantities to the person’s consent, which is a defence to the assault allegation.
“After this level (the person) via all of the events the water is utilized to his face, doesn’t flip his head away,” he stated.
Constable John Edney is accused of assaulting the pensioner with an extendable baton and by stepping on his head.
Senior Constable Brad McLeod allegedly assaulted the person by punching him within the abdomen, spraying him within the face with capsicum spray and inspiring one other officer to spray the person with a high-pressure hose.
Prosecutors wrapped their case on Thursday after proof from various witnesses together with the pensioner.
The person admitted being verbally aggressive towards the officers, telling them to “f*** off”, however has rejected solutions he was bodily aggressive.