A Canberra magistrate has launched a scathing attack on two police officers he said used unlawful force in the arrest of a man they had stopped for suspected drink driving in December 2020.
Body cam vision released by the ACT Magistrates Court shows the officers pulling the man from the car, handcuffing him and shoving his face into the gutter, while they wait for other police to bring them a breath-testing kit.
Magistrate James Lawton said the pair were aggressive and treated the man in a cruel and degrading manner.
"They behaved deplorably, by leaving him face down in the gutter," Magistrate Lawton told the court.
"The [alleged] offender appears frightened and disoriented."
The two officers had followed the man after he crossed Limestone Avenue, allegedly running a red light.
The video shows what happened when the car was stopped.
"Out of the car mate," one of the officers said.
"Turn it off, turn it off, turn it off. Get out of the car. Out, out.
"Hands behind your f***ing back now, c***."
The man can be heard crying out in pain as the officers hold him down.
"Give me your arm," the officer said.
Officers 'should be denounced': Magistrate
Magistrate Lawton described the officers' claim they were concerned the man would keep driving as disingenuous.
"I consider the actions of the officers… were outrageous," Magistrate Lawton said.
"There was an unlawful use of force.
"The evidence could have been obtained by simply leaving him in his car and waiting.
"The actions of these officers [were] deplorable and should be denounced."
Later footage also showed the man failing to provide a breath test and struggling to understand the instructions of police.
Magistrate Lawton said the evidence of him failing to supply a sample at the road side should be excluded from the case.
And he ordered his reasons be sent to the ACT Chief Police Officer.
But the man will still face a charge of failing to provide a sample at the police station, after Magistrate Lawton found the earlier behaviour had not ruled out the second alleged offence.
The case will be back in court next week.
