Police assault case delay

Anger as hearing adjourned ahead of shutdown

A GEELONG police sergeant accused of assaulting a man in custody will have spent two years on paid suspension from duty by the time the allegations against him next air in court.

David Phillip Magher allegedly attacked Andrew Birch at Corio police station in September, 2018.

The case was yesterday adjourned for seven months as the courts started preparing for the coronavirus pandemic shutdown.

Mr Birch died of a drug overdose a week after the alleged attack. He was 36. His death is now being investigated by the Coroner’s Court.

His father, Garry Birch, said the delays in the matter were frustrating for his family.

“We’re incensed that this case is taking so long to be heard,” Garry Birch said.

“Meanwhile, taxpayers are still paying for him (Mr Magher) as an employee of Victoria Police.”

Mr Magher is a decorated officer and has held high-ranking positions within the force in Geelong during a 20-year career.

Professional Standards Command charged him with three counts of assault shortly after the alleged attack on

Andrew Birch, and he has since been on paid leave from the force.

He was not in court for yesterday’s hearing but was represented by his lawyer, Malcolm Thomas.

Mr Thomas said he would not proceed with an application to have the case heard outside of Geelong.

Magistrate Michael Coghlan said it was against his natural instinct to encourage lawyers to seek adjournments, but the coronavirus crisis meant that was the best course of action yesterday.

“This is an anathema to me to say you’re going to get one (an adjournment),” he told Mr Thomas.

Like many cases heard at court yesterday, the matter was adjourned until October.

One matter that might be heard before then is the case of former Lara prison manager Wayne Harper.

Mr Harper, 57, had new child porn charges filed against him yesterday, meaning he now faces 12 charges of that nature.

Mr Harper lost his job at the Marngoneet Correctional Centre in September last year when Geelong detectives charged him with a series of child porn offences. His next court date was scheduled for June 12.