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ARTICLE · 08 AUGUST 2022

Evidence in drink driving case excluded due to police brutality

The Magistrate found that the police officers were aggressive and treated the accused in a cruel and degrading manner.

AustraliaLitigation, Mediation & Arbitration

A magistrate has excluded evidence in a drink driving case after finding that police used unlawful force when dealing with the accused.

Magistrate James Lawton labelled the behaviour of the officers 'deplorable' and that their conduct needed to be denounced.

He held that evidence of the defendant's failure to supply a sample at the road side should be excluded.

He also ordered his reasons be sent to the ACT Chief Police Officer.

Drink Driving Allegations

Two officers had followed the man after he allegedly ran a red light. Body camera footage of the vehicle stop and subsequent arrest was played in court. Officers claimed they suspected the man was drink driving.

One of the officers can be heard saying, "Out of the car mate...Turn it off, turn it off, turn it off. Get out of the car. Out, out. Hands behind your f***ing back now, c***."

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