A man allegedly bashed by an off-duty police officer told the officer he would not do anything to jeopardise his career, a jury heard in a covert recording on Friday.
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The off-duty officer, Wade Joseph Howell, 36, is accused of beating the man after he came running toward Mr Howell, who was sitting on a park bench in Civic next to the man's girlfriend early in the morning on April 2, 2016. The couple did not know the officer, but they had all been out at Civic nightspot Mooseheads, the trial has heard.
It's alleged Mr Howell bashed the man, fractured his cheekbone and gave him a bloody nose, and then tried to cover up what happened. The Crown further contends that Andrew Charles Smith, 46, the acting sergeant called to the scene, also tried to cover up what had happened.
Both men have pleaded not guilty and deny the allegations. Mr Howell says he punched the man once in self-defence, while Mr Smith says he was doing his job when he directed the arrest of the alleged victim.
The ACT Supreme Court trial has heard that after the alleged assault, Mr Howell went with the man back to the Medina Apartments to speak to the man's girlfriend, who had left during the incident.
The jury saw surveillance footage of Mr Howell, the alleged victim and his girlfriend standing outside the apartments, while a covert audio recording, captured on Mr Howell's phone, was synched to the footage and played.
“It’s a terrible night for all of us,” Mr Howell is heard to say, before asking the alleged victim if he was okay.
“Yes, we got into a bit of a scrap,” Mr Howell continues, and says that they shook hands and that he had walked back to the hotel.
“You’ve put me in a terrible position.”
Mr Howell is heard to say that the man "walked up to me, yeah?"
The man's girlfriend says that the officer sat "unreasonably" close to her on the bench, and that her boyfriend came up to them angry.
Mr Howell says they were just sitting on the bench talking.
The alleged victim's girlfriend: “I know what this means for his job."
The alleged victim: “You have my word I will not do anything to jeopardise your career, you have my word.”
Mr Howell: “The fact I’m here has jeopardised my career."
Mr Howell goes on to ask the man if the man had provoked him: "Did I hurt you more than I need to?”
The alleged victim says: “If you ask me ... this is my fault that I ... attacked you.”
At one point, Mr Howell separates the man and his girlfriend. He speaks to the man's girlfriend alone, and she says, "I don’t want him to go up to the room."
Mr Howell asked her to say it louder because he was recording.
She repeats the phrase louder: “I don’t want him to go up to the room."
Speaking to the man, Mr Howell says he doesn't know what to do and that he had called police. The court has heard he called police and said he was with a woman who wanted to leave an abusive relationship.
He tells the man that he has scared the 'f--k" out of his girlfriend, and that she doesn't know what to think.
Mr Howell, of Melbourne, faces trial accused of recklessly inflicting grievous bodily harm, unlawfully choke and attempting to pervert the course of justice.
Mr Smith, of Forde, is charged with intentionally perverting the course of justice, and two alternative charges of urging unlawful confinement.
They have pleaded not guilty to all charges.
The trial continues.
