A police officer accused of the aggravated assault of a young, intoxicated woman in Mount Gambier has told a court he hit her twice using the soft bottom of his first, not his knuckles as the prosecution alleges.
Key points:
- Constable Bradley Moyle is accused of three aggravated assaults against Kiara Beck
- The prosecution says he used excessive force in arresting her
- He says he did not and he tried not to injure her
Constable Bradley Moyle, 36, is accused of shoving Kiara Beck, now 21, into a taxi and hitting her twice while he was trying to arrest her on August 22, 2021.
Earlier this month, the Mount Gambier Magistrates Court heard Ms Beck kicked Constable Moyle outside the Commercial Hotel earlier in the night.
The court heard that the kick did not injure Constable Moyle.
Ms Beck was then taken to Mount Gambier Hospital in an ambulance for a mental health check, the court was told, and because of what the police officer described as her “grossly intoxicated” state.
The court heard Ms Beck left the hospital, and police officers found her drunk in the car park of Macs Hotel, where she had been refused entry.
The officers told her to go home, but she refused and said she was looking for her mobile phone and her boyfriend, who she believed may have been cheating on her.
Vision unclear
In police body-worn camera vision released to the media for the first time today, Constable Moyle can be seen hitting Ms Beck once, after she had let go of his collar.
Constable Moyle told the court today there was no way to get Ms Beck to stop gripping his collar and flip onto her back to arrest her without giving her what he called distraction strikes.
“Shut up, get in the car and go home, or I’m going to arrest you for disorderly behaviour,” Constable Moyle yells in the video.
It was unclear from the body-worn camera vision shown to the court what part of his hand he used for the strikes.
Constable Moyle said he used the bottom of his fist.
“I was cognitive (sic) to not cause injury to Ms Beck,” he told the court.
Demonstrating on Constable Moyle’s defence lawyer, prosecutor Patrick Mulvihill said Constable Moyle must have hit Ms Beck with his knuckles.
“I suggest you were punching down with your knuckles,” Mr Mulvihill said.
“I disagree,” Constable Moyle said.
Constable Moyle agreed that after another officer took hold of her arm Ms Beck was defenceless and that he still hit.
Friends give character evidence
Two of Constable Moyle’s friends and colleagues gave evidence that he was an honest man and a good communicator.
Constable Joshua Malic met Constable Moyle while they were both in the defence force.
“I’ve never heard him to be dishonest or lack integrity at all,” Constable Malic said.
They served in Afghanistan together in 2012 and 2013.
“Bradley was generally the person you went to to negotiate or mediate any conflicts,” Constable Malic said.
Closing submissions will be heard in October.
Constable Moyle has been suspended with pay since last June.
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