Nathan Cross was taken to the Victor Harbor Police Station for breaching his bail in February 2017. He left with a brain injury and an assault police charge. Now he has been acquitted and is suing police.
A South Australian police officer "slammed" the head of a handcuffed man into the charge counter at the Victor Harbor Police Station, causing him to acquire a brain injury, court documents allege.The judge found "no evidence" he intended to headbutt the officerLawyers for Nathan Cross, 43, have filed a civil lawsuit in the District Court against SA Police, alleging they failed in their duty of care and were negligent.
Today, Victor Harbor Magistrate Sue O'Connor acquitted Mr Cross of assaulting Senior Constable Ben Higgins.CCTV from within the Victor Harbor Police Station was tendered during the criminal prosecution against Mr Cross, but his lawyers now plan to use it to sue police. She found four police officers involved in Mr Cross's arrest "perceived no threat" from the time of his arrest up until the moment he was knocked unconscious.
"After Cross said, 'f*** off', Higgins pushed him away by placing his right hand on the defendant's left shoulder. The CCTV footage leaves open the possibility Cross may have been pushed off balance as a result of this push.During closing submissions, Julienne Murray, for Mr Cross, told the court during the trial that the "propensity for police to lie is sadly becoming more and more common".
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