DPP v Garrett (a Pseudonym) (2016) 257 A Crim R 509

Facts: Police officer (Defendant; D) was charged with assaulting a man. The man (complainant, C) was speeding and pursued in a police chase. After the car eventually stopped, C got out and was told to lie down. Other police officers, including D, arrived and allegedly took him into an alleyway, pushed him down, beat him, struck his head with objects and verballed what he should say in a following interview re his driving and cause of injuries. In the interview and a subsequent statement, C made no reference to the assault (when asked about his injuries, he claimed he fell over). However, later on, C alleged he was assaulted by D. The officer denied it, claiming he tripped and fell over. The eyewitness, a fellow police officer, was going to give evidence supporting his defence (the statement was “exculpatory of the accused”). In a pre-trial application, sought a ruling that the police witness would give “unfavourable evidence” and leave to cross-examine under s 38 Evidence Act.

Want to read more?

Subscribe to casetreasury.com to keep reading this exclusive post.

Subscribe Now