Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Canberra Times
The Canberra Times
Hannah Neale

Police accused of unlawful beating acting 'consistent with training'

A judge has found four officers, who were taken to court accused of trespassing, using excessive force, and falsely imprisoning a man, were acting "consistent with police training".

Justice David Mossop has ruled in favour of the police officers, finding the alleged victim's evidence "reflects a detailed yet inaccurate reconstruction and embellishment of what occurred".

Justin Glavinic, who was 39 during court proceedings, had attempted to sue the Commonwealth government and four Australian Federal Police officers during a hearing earlier this year.

The officers were Constable Alexander Tutt, First Constable David Edwards, Constable Simon Hill and Senior Constable Caleb Boxx.

Mr Glavinic had claimed on July 14, 2018, the police officers unlawfully entered his home, beat him, sprayed capsicum spray in his mouth, Tasered him, and placed a spit hood over his head in an excessive use of force.

It was alleged those "wrongful acts" caused severe and substantial physical and psychiatric injury to Mr Glavinic, and psychiatric injury to two witnesses present at the time.

In an ACT Supreme Court decision, published on Tuesday, Justice David Mossop ruled against this, finding the claims were not brought before the court within a six-month limitation period.

Justice Mossop also found the officers had not used unreasonable force, and "the techniques used to restrain him were consistent with police training."

The judge ruled that most of Mr Glavinic's evidence was unreliable, particularly his claims the officers were "making light of the situation".

"[The evidence was] influenced by his pre-existing paranoid beliefs about police, the sense of injustice that he feels as a result of the consequences of the violent melee and his desire to achieve a successful outcome in the case," Justice Mossop stated.

"I do not accept that the police officers made light of the situation that they were facing or demonstrated the kind of malice directed towards Mr Glavinic."

If the claims had been proven, Justice Mossop found Mr Glavinic could have received more than $2 million in damages.

The judge detailed the facts of what occurred on the night in question.

Police had attended a home in Forde after reports of domestic violence, and were initially refused entry.

When the front door to the Forde home was opened a second time, an officer put his foot into the door to jam it open.

As the officer entered the home, Mr Glavinic "briefly grabbed his vest leading to the commencement of the melee," Justice Mossop said.

The 39-year-old was then hit with a burst of capsicum spray, and tackled to the ground.

However, the man continued to "violently struggle" with police and dislodged an officer's gun partially out of its holster.

Capsicum spray was used against Mr Glavinic again but "it did not disrupt his resistance".

He then bit an officer on the leg, before being stuck with a baton, Tasered and kneed but continued resisting.

"Mr Glavinic continued to resist and call out up until the point where he was sedated," Justice Mossop said.

At one stage, he banged his head against the ground and a blanket was placed under his head to minimise further injury.

"A spit hood was applied ... because Mr Glavinic was spitting blood from his mouth and it was ultimately removed by the ambulance officer," the judge said.

The ACT Supreme Court building, where the case was heard. Picture by Sitthixay Ditthavong
Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.