A man who was assaulted by police as a teenager and told he would be searched for "being a smartarse" says his life has been forever changed by the traumatic event.
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The ACT Magistrates Court on Monday heard one of the two perpetrators, former senior constable Matthew McVicar, was forced into quitting his Australian Federal Police job in August 2019.
His resignation came more than two-and-a-half years after a busy Australia Day shift in 2017, in which he and constable James Head pulled the 19-year-old from the back seat of a car in Canberra city, put him on the ground, and handcuffed him - in essence, for "being cheeky".
In 2018, Magistrate Robert Cook found McVicar and Head guilty of assaulting the passenger, but both men appealed his decision in the ACT Supreme Court, and then the ACT Court of Appeal.
McVicar's case landed back in Mr Cook's lap for a sentence hearing on Monday after both appeals failed.
Justice David Mossop previously found McVicar and Head were "highly aggressive, loud and ill-mannered" on the night of the Australia Day incident.
"[They were] interrogating the driver of a motor vehicle [the teenager was in] who had accidentally driven through the Civic bus interchange and taken longer than the police would have liked to pull over," Justice Mossop said in 2019.
Before Head helped McVicar drag the victim from the car, he told the 19-year-old he would search him for "being a smartarse".
In court on Monday, the victim said if it weren't for footage of the incident, "we probably wouldn't be here, which is sickening".
He said he had post-traumatic stress disorder because of the assault, and had been wrongly labelled a drunken delinquent throughout the various court proceedings. He said his mother was also an AFP member.
"Seeing my mother go through everything that she's had to deal with ... has been just as tough seeing her face opinions and criticisms too," the man told the court.
"I know a lot of cops and people in power ... with good hearts and morals.
"It's a real shame some have to ruin that."
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The man said while justice had been served in his case, police abusing their positions of authority "happens not just here, but all around the world".
Head is due to be sentenced for the assault on August 17.
On Monday, defence barrister Ken Archer pushed for McVicar to escape a conviction.
He said McVicar's plan to serve the AFP for many more years was "cut short" because of the incident, and prior to it, "he was an officer of great ability" and someone his colleagues looked up to.
Mr Archer said McVicar had received abusive and threatening messages on social media because the video of the assault was so widely publicised.
"That public exposure ... has inflicted actual and psychological punishment on my client," Mr Archer said.
"[The video] remains on websites, is readily searchable and could be there forever."
Prosecutor Dean Sahu Khan argued against McVicar getting off without a conviction, and said the assault "leaves a very bad or wrong impression of the whole police community".
Mr Cook said he would sentence McVicar on Friday.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
