A former Canberra police officer who threatened to search a 19-year-old "for being a smart-arse" before pulling him from a car has apologised to the victim after being sentenced for assault.
Then-Constable James Head was with then-Senior Constable Matthew McVicar on patrol in Canberra's CBD on Australia Day in 2017 when they stopped a car that had driven the wrong way through the bus interchange.
Footage of the incident captured on a mobile phone showed the driver apologising to the officers, saying he was inexperienced and the detour had been accidental.
The backseat passenger can then be heard speaking, drawing the attention of Mr Head.
"If you don't shut your mouth, I'll pull you out and arrest you for hinder," he can be heard saying to the teenager.
He asked for the passenger's licence, but the young man said he was not carrying identification.
Mr Head then made a further verbal warning:
"All right, get out of the car. I'll be searching you for being a smart-arse."
Moments later, Mr Head and Mr McVicar ordered the victim to "get the f*** out of the car right now" before pulling the young man from the vehicle.
Ultimately, it was Mr McVicar who made the arrest, which can be seen in the video, when the man was put to the ground and cuffed while he asked what he had done wrong.
Video shows police officers acted unlawfully: magistrate
Both police officers were found guilty of assault by Magistrate Robert Cook in 2018, after he viewed the video, finding it provided cogent evidence they had acted without lawful authority.
On Monday, the young man who was arrested told the court the incident had had a devastating impact on his life, not least because he was at first portrayed in the public eye as a drunk.
He was "blatantly lied about by two grown men," he said.
"If it wasn't for the footage, we wouldn't be here."
Mr Head apologised to him via video link from Queensland, where he now lives.
"I do feel remorse for what happened … that night," he said.
"I am greatly sorry."
But Magistrate Cook said there had been a clear breach of protocol.
"This was an assault on a member of the public … an unlawful misuse of power," he said.
The case has been drawn out by two appeals against the convictions to the ACT Supreme Court.
Justice David Mossop threw out the first challenge, describing the video as disturbing, showing "highly aggressive, loud and ill-mannered" police officers interrogating the driver before dragging the passenger from the car because they did not like his attitude.
The second appeal before three judges did no better, with the full bench agreeing the video was crucial.
"The video simply does not permit any interpretation that the police officers acted lawfully," the ACT Court of Appeal judgement said.
"Arrest is a last resort. The officers rushed to this resort on the flimsiest basis, namely, in essence, because [the man] was being cheeky."
Mr McVicar was last month given a 12-month good behaviour order after Magistrate Cook took into account the "extra-curial punishment" of losing his job along with PTSD-like symptoms related to his time in the Australian Defence Force.
Mr Head was given the same sentence, and spared a conviction.
