The ACT’s former police chief says an officer sacked over an alleged use of excessive force outside a Manuka nightspot had a ‘‘passion for his vocation’’ and should have been retained by the Australian Federal Police.
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Sergeant Brett Coutts used capsicum spray on a man who recorded a blood-alcohol content of 0.12 outside the Cabinet nightclub in the early hours of May 26 last year and was dismissed in June this year.
Giving evidence in a Federal Court challenge to the dismissal process, former ACT Chief Police Officer Roman Quaedvlieg said officers who patrolled areas around popular bars and nightclubs such as Civic faced higher numbers of complaints from members of the public.
‘‘Canberra transforms itself of an evening,’’ Mr Quaedvlieg said. ‘‘It’s quite violent and drugs and alcohol are present.’’
Mr Quaedvlieg, who left the role in May to serve as the deputy head of Customs, said a relative number of complaints about officers involved in late-night patrols were established.
He said he did not believe Sergeant Coutts had displayed signs of anger management issues, but that he was redeployed to a role in the Criminal Investigation unit with limited contact with members of the public.
Sergeant Coutts was also assigned a senior police officer as a mentor.
Mr Quaedvlieg said he thought there was value in Sergeant Coutts being retained by the AFP.
A report into the incident found Sergeant Coutts deployed capsicum spray 30 centimetres away from the man and then held him in a headlock before putting him into the back of a caged police vehicle at 1.41am.
The man had earlier assaulted a woman inside the club’s female toilets, placing his bloodied hand on her breast.
Justice John Griffiths has heard that the man was large and of a muscular build.
He was issued with a move-on notice by police after being seen with clenched fists.
Another police officer complained about Sergeant Coutts’ conduct a fortnight later.
He was immediately suspended with pay while the AFP’s professional standards unit investigated.
On Wednesday, Sergeant Coutts told the court the man had “flinched” at him moments before the capsicum spray was deployed but he acknowledged the detail could not be seen in CCTV footage viewed by the court on Monday.
He said the man displayed “targeted fixation” and other small indications of violence or danger to police officers.
Lawyers for Sergeant Coutts have argued he was subject to a flawed decision-making process after an investigation, with an official report denying him natural justice before his employment was terminated.
Any decision about the use of capsicum spray could have implications for police forces around Australia.
The appeal into Sergeant Coutts’ sacking is being funded by the Australian Federal Police Association, who fear a decision could have an impact on the safety of 56,000 law enforcement officers nationally.
The case continues.
