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The Canberra Times
The Canberra Times
Hannah Neale

Magistrate labels cop's actions 'alarming, unnecessarily forceful'

A magistrate has labelled a cop's actions, which caused the concussed victim of a one-punch hit to fall and smack his head on concrete, as "alarming and unnecessarily forceful".

Police responded when the 19-year-old victim was punched near Mooseheads nightclub in Civic by Jarrod Michael Dale in April 2022.

When the victim refused to stay seated, First Constable Liam Brown pulled a leg out from the 19 year old causing him to fall and hit the back of his head on the ground.

In a statement issued on Tuesday, ACT Policing acknowledged this technique "was executed poorly and had the potential to cause further injury to the complainant".

"The officer was counselled by the officer in charge ... and although he undertook the action in good faith, he was remorseful for potentially putting the victim at further risk of injury," a spokesperson said.

In the ACT Magistrates Court on Tuesday, Dale was acquitted of assault occasioning actual bodily harm.

Jarrod Dale leaves court on a previous occasion. Picture by Hannah Neale

Special magistrate Gregor Urbas found Dale, 27, had acted in self-defence when he punched the 19 year old, who suffered loss of consciousness, swelling and a bloody lip.

Mr Urbas said while the cop's conduct had resulted in "another blow" to the victim's head, it did not "overwhelm" Dale's initial punch.

The magistrate found "alarming and unnecessarily forceful as it may have been", First Constable Brown's actions were not connected to the victim's concussion.

"The concussion is sufficiently connected to the punch," Mr Urbas said.

"[Giving evidence, First Constable Brown] steadfastly refused to accept his actions were not dangerous."

CCTV shows a cop pull a leg out from under a victim. Picture supplied

First Constable Brown had previously told the court he "raised [the alleged victim's] ankle in an attempt to make him fall on his bottom".

"He physically attempted to try and resist me by sitting up and I had to [use force]," the police officer said.

"I do not think I was dangerous. The use of force ... was calculated in that I was balancing his safety, the safety of others."

A police spokesperson said on Tuesday, officers sought medical attention for the victim "and also provided advice in relation to his level of intoxication, agitation and level of aggression displayed towards police".

"ACT Policing does acknowledge the technique used by the officer, in attempting to have the complainant remain seated and in a controlled position, was executed poorly and had the potential to cause further injury to the complainant.

"A use of force report was submitted in respect of the actions of the officer. This is standard procedure when any use of force action is utilised. This report and associated body worn camera footage was reviewed, and considered in context with the entire circumstances of the incident.

"ACT Policing have determined no further action is required against the officer and learnings from this incident have been incorporated into ongoing use of force training for ACT Policing members."

CCTV played to the court captured Dale hitting the victim, who then fell to the ground and passed out.

However, the magistrate said the footage only showed part of the altercation.

"A picture might be worth a 1000 words, but half a picture may be misleading," Mr Urbas said.

"It cannot be accepted the defendant was the initial aggressor."

Last month, the victim conceded he may of told Dale "I'm going to smash you, c---" before the punch.

Dale's lawyer, Brandon Bodel, had argued his client made a "pre-emptive strike" because he was afraid he'd get "jumped".

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