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Mother of Indigenous teen allegedly assaulted during arrest questioned police at the scene, court hears

NSW police officer kicks boy's legs out from under him during arrest

The mother of an Indigenous teenager whose arrest in a Sydney park resulted in a police officer being charged with assault told officers at the scene: "You owe me an explanation".

Constable Ryan Barlow has pleaded not guilty to assault occasioning actual bodily harm after he arrested the then-16-year-old in Ward Park, Surry Hills, in June 2020.

Mobile phone footage of the incident shows the officer performing a "leg sweep" on the teenager, by kicking his feet out from underneath him while holding his hands behind his back, causing him to impact heavily on the ground.

Police body-worn footage played today in Sydney's Downing Sydney Local Court shows the teenager's mother arrived while he was being led to a police vehicle.

The complainant was with a group of teenage friends in the park and the court has previously heard that prior to the leg sweep, he threatened to "crack" Constable Barlow across the jaw.

In the police footage, his mother questions what cause police had to pull him up in the first place.

"You owe me an explanation," the mother says.

She later demands the identities of all the officers and questions whether racism played a part in the incident, which one officer denies.

The mother is then seen speaking to Constable Barlow while her son is in the back of a police vehicle.

The Crown argues the force used was not reasonably necessary in the circumstances, but Constable Barlow's defence team has argued there is an element of self-defence, claiming he is seen raising his foot.

The teenager yesterday denied this was an attempt to hurt anyone.

Today, Constable Barlow's colleague who also attended, former constable Jessica Schiavon, told the magistrate she didn't see the teenager do anything that would be consistent with him resisting Constable Barlow.

She agreed prior to speaking with the group, one or more of the teenagers had yelled out referring to the police as "f***ing dogs".

Ms Schiavon, who is no longer a serving officer, gave evidence that her focus when Constable Barlow executed the leg sweep was on two other teenagers.

However, she later admitted this was incorrect after she was shown the mobile phone footage, in which she appears to be looking towards Constable Barlow.

"Did you knowingly give false evidence … when you said your attention was focused on the two boys?" Crown Prosecutor Darren Robinson asked.

"No, it's what I remembered," the witness replied.

"Was it your intention … to assist Mr Barlow in these proceedings?" Mr Robinson asked.

"No," Ms Schiavon replied.

A third officer who was present, Constable Andrea Kovacs-Hegedus, said the teenager's body "appeared to be somewhat tense" while Constable Barlow was holding his arms before the leg sweep.

She also said she saw the teenager raise his foot "enough for me to think he was going to kick out at one of us".

The hearing continues.

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