A CYCLIST whose "violent" Hunter Street arrest was captured on video by concerned onlookers has pleaded guilty to not wearing a helmet, but not guilty to three other charges, including resisting arrest.
Timothy Edwyn Givney, 27, of Merewether, was represented at Newcastle Local Court by solicitor Nicholas Amos, and was not required to speak when his case was mentioned before Deputy Registrar J Hodgetts.
Afterwards, Mr Givney said he was extremely glad that his arrest had been filmed.
"I'm just relieved that someone saw this and made it public," Mr Givney said.
SEE THE VIDEO HERE
Mr Givney was arrested two Saturday nights ago on October 17.
Mr Amos said outside the court that he had lodged two formal complaints: one with Newcastle City Police District, the other with the Law Enforcement Conduct Commission.
He had asked for the conduct of the arresting officers to be investigated.
He said he asked the commission to undertake its own investigation, or at the very least to "oversee a local investigation".
He said the commission had acknowledged his complaint, but he had heard nothing back from Newcastle police.
Mr Givney's case came to light when the Newcastle Herald obtained digital footage from a mobile phone, recorded by someone who had become "concerned" at what they were witnessing.
The video shows two officers restraining a cyclist dressed in white, before four more officers run in to help complete the arrest.
The footage appears to show at least one officer kicking at the cyclist, while others hit him as he clings to his bike.
He is separated from the cycle, which is thrown away by one officer, some two minutes into the four-minute film.
When the Herald asked Newcastle police about the arrest, a spokesperson said the "violent struggle" began after the cyclist became allegedly aggressive.
The police spokesperson said the incident had been reviewed by senior officers and no further action would be taken against the officers involved.
The spokeperson said at the time that Mr Givney had been charged with "resist officer in execution of duty, cross level crossing when approaching tram/train seen/heard, rider not wear approved bicycle helmet/fitted/fastened and ride bicycle recklessly".
When these charges were read out yesterday, Mr Amos entered a plea of guilty on the helmet charge, but not guilty to the others.
Deputy Registrar Hodgetts stood the matter over until Thursday, December 10.
The Law Enforcement Conduct Commission is a NSW government body that describes itself as "independent from the NSW Police Force".
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