A NSW police officer charged with assaulting an Indigenous teenager during an arrest justified a "leg sweep" on the 16-year-old because he thought he was about to be assaulted, a Sydney court has heard.
Constable Ryan Barlow, 30, has pleaded not guilty to assault occasioning actual bodily harm over the incident in Ward Park, Surry Hills, where he and two colleagues stopped a group of teenagers in June 2020.
In mobile phone video and police body-worn camera footage, the teenager can be heard threatening to "crack" Constable Barlow across the jaw while his friends were being spoken to.
Constable Barlow then walked up to the complainant and performed a "leg sweep" technique, holding his arms behind his back and kicking his feet, causing him to fall forwards onto the ground.
Sydney's Downing Centre Local Court was today played audio of a police interview in which Constable Barlow said the teenager was tensing his upper body and shrugging his shoulders prior to the leg sweep, in what he perceived as an attempt to break free.
He told colleagues the teen also began to "kick back" with his right leg, leading him to fear he was about to be assaulted due to the previous threat, which left him feeling "immediately intimidated".
Asked why he chose the "leg sweep" as his response, he described it as "an instinctive thing".
"Do you believe your use of force in the circumstances was excessive?" Constable Barlow was asked.
"No," he replied.
"With the benefit of hindsight is there anything you believe you could or would have done differently?" he was then asked.
"No comment," Constable Barlow replied.
During the interview, recorded the month after the incident, Constable Barlow said he was aware of the teenager due to a previous incident in which he had attempted to shoplift from Woolworths and had produced a replica firearm.
The teenager was arrested at gunpoint following that incident, the court heard.
Asked what reason he relied upon to stop the teenager and his friends in the park, Constable Barlow said "their behaviour was suspicious" because they tried to walk away and were swearing and several pulled hoodies over their heads.
He was asked whether the fact the teenager or other members of his group were Indigenous played any role in the decision to approach them.
"No, no not at all," he replied.
Footage from Constable Barlow's body-worn camera shows the boy's mother arrived at the park while he was being put into a police vehicle.
Constable Barlow told her that as the group was stopped, her son "threatened to punch my head in".
"It's all on body-worn video," he said.
"Why'd you single him out?" she asked.
"Because he made the threat," Constable Barlow replied.
Constable Barlow stepped into the witness box today, where he again said he feared he was going to be "kicked in the groin" when the boy lifted his foot.
His barrister, Brent Haverfield, asked about the purpose of using force when he first made contact with the complainant.
"To gain control of (the complainant)," Constable Barlow replied, before saying this was for the purpose of placing him in handcuffs.
"And in placing him in handcuffs, what do you achieve?" Mr Haverfield asked.
"Safety," the witness replied.
Constable Barlow said when he heard the "jaw" threat and moved towards the teen, it was his intention to place him under arrest.
Under cross-examination, Crown Prosecutor Darren Robinson put it to Constable Barlow that the teenager was having difficulties with his balance prior to the leg sweep.
"(The complainant) was not trying to kick you, was he?" Mr Robinson asked.
"He was," the officer maintained.
Constable Barlow denied the kick was something he "made up" in an attempt to justify the force used.
The hearing continues.
