Man convicted after policeman punched him repeatedly
Handing down her decision in Downing Centre Local Court in Sydney, Magistrate Lisa Stapleton found the police officers who arrested Matthew Robert John Giles at the SCG on January 18 acted reasonably.
He had pleaded not guilty to resisting arrest and remaining on enclosed grounds.
“It was not responsible to drink alcohol to such excess that you lost all judgment,” Ms Stapleton told Giles.
She noted he had been asked to leave the stadium nine times by Detective Sergeant Matthew McQueen and Detective Sergeant Winston Langthorne.
However, he did not move and Sgt Langthorne grabbed his arm, leading to a scuffle.
Another police officer who arrived on the scene, Constable Thomas Murdoch, then punched Giles four or five times in the “approved strike zone” of his shoulder blade.
Const Murdoch previously told the court he did so because he believed Giles was reaching for his (Murdoch’s) gun.
Const Murdoch’s father, NSW Assistant Police Commissioner Mark Murdoch, removed himself from an investigation into the arrest of Giles after he became aware his son was involved.
“(Arresting police officer) Constable Langthorne’s conclusion that arrest was the only way to resolve the situation seems to me to be the reasonable conclusion to prevent the continuing of the offence,” Ms Stapleton said.
Michael Gallagher, representing Giles, told the court his client had ended up in a “nasty situation“.
“There was a degree of corporal punishment inflicted on Mr Giles,” he said.
Ms Stapleton convicted Giles and fined him $1130.