Aboriginal man did not assault police: cop

Written By Unknown on Kamis, 21 Februari 2013 | 15.21

A POLICEMAN who admits he wrongly accused an Aboriginal man of assault says he and other officers shared their accounts of the incident before he prepared his official statement.

The young officer said he was taught the practice by his field training officer.

Constable Luke Mewing was giving evidence on Thursday before the Police Integrity Commission (PIC) in Sydney, which is inquiring into the arrest and prosecution of 24-year-old Corey Barker.

Mr Barker had been charged with intervening in a violent street confrontation between two of his friends and police at Ballina, on the NSW far north coast, in January 2011.

He was also charged that evening with punching Senior Constable David Hill at Ballina police station during a brutal struggle in which police kicked him in the head, kneed his torso and dragged him to a cell where he was left handcuffed for one hour and 40 minutes.

All the charges against Mr Barker were eventually dropped.

Both officers and four of their colleagues prepared written statements that Mr Barker started the fracas with a punch.

Four of them later confirmed that evidence in Ballina Local Court.

Cnst Mewing said it was standard practice in the Richmond local area command for officers to share their statements in preparing their evidence, and Sen Const Hill's statement had been emailed to him.

The PIC heard the officers' written statements were nearly identical in referring to offensive language Mr Barker had allegedly used before the police station incident.

Const Mewing said his field training officer had taught him to share statements among officers who were present at the same incidents.

"He told you that was the appropriate way to go?" Mr Rushton asked.

"I believe so," he responded.

Cnst Mewing was later shown CCTV evidence, previously thought to be damaged, which showed Mr Barker did not throw a punch.

On Thursday, Cnst Mewing admitted his written statement and court evidence were incorrect.

"That evidence was just wrong, wasn't it?" counsel assisting the PIC hearing Stephen Rushton, SC, said.

"I guess so," Const Mewing said.

"You knew that it was wrong when you gave it?" Mr Rushton said.

"I believed it at the time that I saw (the incident)."

He denied deliberately fabricating evidence.

Const Mewing said he delivered a "knee strike" to Mr Barker while he and four other officers had him pinned to the ground.

"It's a move, a weapons-control strike, for pain compliance," he told the PIC.

Statements from the officers said Mr Barker was dragged because he would not comply with a command to stand up.

Giving evidence previously, Const Mewing had admitted the prisoner would not have been able to stand up.

The inquiry continues on Monday with evidence from other officers involved in the incident.


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