Justin Glavinic sues Commonwealth, Australian Federal Police officers

Justin Glavinic, 39, is suing the Commonwealth government and four Australian Federal Police officers, who argue they entered his home lawfully and used appropriate force.

The officers are Constable Alexander Tutt, First Constable David Edwards, Constable Simon Hill and Senior Constable Caleb Boxx.

Mr Glavinic claims on July 14, 2018, the officers trespassed into his home, used excessive force, and falsely imprisoned him.

It is alleged those "wrongful acts" caused severe and substantial physical and psychiatric injury to Mr Glavinic, and psychiatric injury to two witnesses present at the time.

All three are seeking damages and compensation in an ACT Supreme Court hearing, which started earlier this week.

On the night in question, police attended a home in Forde after receiving a call about a domestic disturbance.

During his opening address on Monday, counsel for the plaintiffs, Bede Kelleher SC, said police arrived and knocked on the front door of the home about 2.15am.

Mr Kelleher claimed Mr Glavinic opened the door, but closed and locked it again when he left to get one of the other people in the house at the request of police.

The barrister told the court First Constable Edwards, "in a raised voice and angry tone, said words to the effect 'Open the f---ing door or I'm going to kick it in'."

When Mr Glavinic opened the door again slightly, First Constable Edwards wedged his foot inside and forced entry with all four officers falling to the floor.

Giving evidence, Mr Glavinic said "the behaviour of the police out the front of the house was terrifying. It wasn't normal and it was psychotic."

Mr Kelleher claimed the evidence would show Mr Glavinic was pushed up against a wall, before he was "lifted up around his upper legs and thrown face-first to the floor".

The barrister, instructed by Sam Tierney of Ken Cush and Associates, said this was "an extended, frightening and violent series of events".

Mr Glavinic then felt "something hit his eye very hard" and lost consciousness, Mr Kelleher claimed.

The 39-year-old told the court "it was like a bloodstream of white stars and red stars and purple stars, and at that point I lost consciousness".

When he regained consciousness, an officer sprayed capsicum spray "directly into my mouth", Mr Glavinic said.

"I was choking, coughing, spluttering, physically choking," he said.

"I turned my face into the tiles and then they began spraying again while my face was in the tiles. It felt like torture.

"I distinctly remember my head then being crushed into the ground, lips pressed into the tiles and I was trying to breathe through the tiles and my lips and the pepper spray on the ground."

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Mr Kelleher told the court First Constable Edwards grabbed Mr Glavinic's hair and banged his head against the tiled floor about four times.

He said the man also had a recollection of being Tasered, kneed, held down and hit with a baton.

First Constable Edwards allegedly then grabbed Mr Glavinic's right arm and pulled it back hard.

The man heard his shoulder snap and passed out again.

Mr Kelleher told the court Mr Glavinic would end up having three operations on his shoulder due to the injury, and had been told by a doctor that he would "never be able to return to the physical work as a painter".

It is alleged Mr Glavinic regained consciousness to find himself handcuffed and a spit hood placed over his head.

"This was after the man had been Tasered, sprayed, held down, had blood coming from his face," Mr Kelleher told the court.

"He was then placed in a spit hood."

He found it hard to breathe and his next recollection was regaining consciousness in Canberra Hospital, handcuffed to the bed, the lawyer said.

In court documents, solicitor for the Commonwealth and the officers, Melanie McKean, claimed the police had entered the home lawfully.

The officers believed an offence or a breach of peace was likely to be committed, or a person had suffered physical injury, or there was imminent danger, and it was necessary to enter the home to prevent this, the document stated.

The defendants deny many of the allegations but state admitted elements were a lawful use of force.

The hearing continues.

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