It was hit or be hit, says cop
Assault claim rejected
A CAIRNS police officer has claimed he was defending himself against a “flurry of strikes and blows” when he punched a British backpacker in the head three times.
Constable Matt McKinner, 42, has denied he caused grievous bodily harm to Englishman Leigh Matthew Baker, 24, while arresting him in an alley way on Sheridan St in April last year.
Mr Baker suffered fractures to his jaw, cheek and eye socket which he alleges were the result of unprovoked punches from Constable McKinnar, who had chased him after he fled from police outside Gilligan’s.
The officer took to the stand in the Cairns District Court yesterday and said he fell on top of Mr Baker after he moved a bin and felt what he believed to be a kick to his chest.
“I remember putting my hands out to try and restrain the person who was throwing a flurry of strikes and blows towards me,” he said.
Constable McKinnar said he yelled “stop resisting” to Mr Baker, but resorted to “closed hand tactics”, or punches, when he did not comply.
“I recall punching three times to what I believe would have been his head area,” he told the court.
“There was a bit of grappling and wrestling going on.”
He said he had resorted to punches out of fear for his own safety.
He told the court his partner Sen-Constable Bret Chadwick then arrived.
Sen-Constable Chadwick gave evidence on Tuesday, confirming he had initially lied to investigators about his version of the incident to protect Constable McKinnar.
He told the court he had seen his colleague deliver five punches to Mr Baker, who had not been resisting arrest.
The court heard yesterday from Mr Baker’s surgeon Dr Brian Finn, who said his injuries would have been the result of three separate blows.
Constable McKinnar told the court he had been wearing a body-worn camera but had taken it off during the chase and put it in his pocket where it went into standby mode.
He said it was the first time in his five-year police career that he had punched anyone.