A former Australian Federal Police officer who assaulted a teenager in Canberra city has escaped conviction, with a magistrate finding the man's forced resignation amounted to extra-curial punishment.
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Former senior constable Matthew McVicar, 37, was in 2018 found guilty of assaulting the teenager, but twice appealed the verdict along with his co-offender, constable James Head.
Both appeals ultimately failed and in 2019, ACT Supreme Court judge David Mossop said McVicar and Head were "highly aggressive, loud and ill-mannered" on the night of the incident.
Justice Mossop said the officers were nearing the end of a shift on Australia Day in 2017 when they interrogated the driver of a motor vehicle, who had accidentally driven through the Civic bus interchange and "taken longer than the police would have liked to pull over".
The teenager, who the officers ultimately unlawfully arrested and assaulted, was sitting in the back of the car. McVicar and Head pulled him from the vehicle, put him on the ground, and handcuffed him - in essence, for "being cheeky".
Before Head helped McVicar drag the victim from the car, he told the 19-year-old he would search him for "being a smartarse".
Magistrate Robert Cook on Friday said McVicar was being impulsive when he assaulted the teenager along with Head.
He said the former senior constable's actions represented an aberration in his some nine years with the police force, and McVicar's referees attested to claims the assault was completely out of character for him.
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- ACT cops' assault appeal undone by 'disturbing' video
The court heard McVicar was normally not impatient nor "hot-headed", and Mr Cook agreed the fact the former senior constable was forced into quitting his job in August 2019 amounted to extra-curial punishment.
Mr Cook said Canberra police were well aware of McVicar's criminal behaviour, as was the community because a video of the assault had been so widely publicised.
Mr Cook found it wasn't necessary to hand McVicar a conviction for the common assault. He ordered that the former senior constable comply with a good behaviour order for 12 months.
Earlier this week, the court heard from the victim, now in his 20s. He said his life had been changed forever by the assault and he had post-traumatic stress disorder because of it.
"I know a lot of cops and people in power ... with good hearts and morals," the man told the court.
"It's a real shame some have to ruin that."
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".
McVicar's co-offender, constable Head, will be sentenced for his role in the assault next month.
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.
