ABC News: Xavier Martin
)A Northern Territory police officer has been found guilty of aggravated assault, after the 41-year-old used capsicum spray on a handcuffed man in 2018.
In the Alice Springs magistrates court, Judge Sarah McNamara found that Benjamin Skene acted out of "malice" and "outside of his duties as a police officer" when he used the spray on a "challenging" prisoner.
"It does not fall within the duty of a police officer to mete out summary punishment," she said.
During the case, Skene pleaded not guilty to the aggravated assault charge.
In summarising the case today, Judge McNamara said that in September 2018, Skene and his police partner responded to an unlawful entry at a casino in Alice Springs.
She said Skene arrested a man, handcuffed him and held him in the back of a paddy wagon while Skene's police partner took statements inside.
ABC News: Samantha Jonscher
)The court heard Skene was guarding the prisoner for 20 minutes when the prisoner became impatient and started kicking the inside of the paddy wagon.
The prisoner became "rude," called Skene a "c***" and spat on the officer.
"He says to [the prisoner], 'you f***ing little c***' and 'I've got f***ing spit on me'."
The court heard that later, after an "'exchange of unpleasantries", the prisoner kicked the door again and the defendant asked him if he "wanted a spray".
"Another kick is heard [on the body-worn camera vision], and that is when the defendant opens the door of the vehicle and sprays [the prisoner]… he closes it promptly and says, 'stop kicking the f***ing door'," Judge McNamara told the court.
In a hearing earlier this month, the court was shown Skene's body-worn camera footage and heard testimony from Skene, his police partner and the prisoner.
ABC News: Samantha Jonscher
)Skene's use of force report, a form that must be completed after force is used by a police officer, was also tendered as evidence.
In an earlier hearing, the defence counsel Peter Elliot argued that Skene was concerned that the prisoner was attempting to escape custody and that he was concerned the prisoner might harm himself.
In the use of force report, Skene said that he used the capsicum spray because the prisoner was at risk of harming himself.
"The defendant's explanation of his reasons strains credulity … the narrative composed by the defendant quite clearly misrepresents the actual events depicted in the body-worn footage," said Judge McNamara.
"The incongruity … leads me to believe that the use of force report was a concoction by the defendant.
"I'm satisfied that it was an attempt to legitimate what he did."
Judge McNamara told the court that it was "clear" Skene "simply became sick of it" and "decided to punish" the prisoner.
"I find beyond reasonable doubt that the defendant solely acted out of malice in spraying [the prisoner]," she said.
"He acted outside the scope of his duties, noting it does not fall within the duty of a police officer to mete out summary punishment."
Skene is due to be sentenced tomorrow.
He remains on restricted duties with NT Police.
