Cop to pay man’s costs

A MAGISTRATE has found a man not guilty of punching a Townsville police officer in the genitalia.

Constable George Tyrrell was yesterday ordered to pay $ 7125 for the man’s legal costs in Townsville Magistrates Court.

Cameron Adam Scott was charged with serious assault of police, obstructing police and public nuisance following an incident at the Townsville police station on April 11 last year.

The matter went to trial in July and Magistrate Howard Osborne yesterday handed down his verdict of not guilty.

Constable Tyrrell testified that Mr Scott approached the police station counter and said: “My mate’s been f----- g arrested, you’ll take me to the watch- house you pig c---”.

He explained the watchhouse process and Mr Scott allegedly replied “You’re all pig c----, I pay your f------ wage, you’ll take me there”.

According to the officer, Mr Scott walked out of the police station about 11.30pm repeating derogatory phrases.

Constable Tyrrell followed him down the stairs and Mr Scott allegedly resisted arrest.

“( He said) he has bent Mr Scott over to transition him to the ground. Officer Tyrrell was standing with feet spread apart,” Mr Osborne said.

Constable Tyrrell told the court Mr Scott said “take this you pig c---”, before punching him in the genitalia.

The officer told the court he was too embarrassed to tell his female colleague.

“In his victim impact statement he said it was the worst pain he had felt in his adult life,” Mr Osborne said.

The magistrate said the female officer was a witness in the trial. She said she did not hear Mr Scott say “Take this you pig c---”, see Constable Tyrrell in pain or witness anything that led her to believe an assault had occurred.

“She said there were no other persons in the vicinity other than herself, officer Tyrrell and Mr Scott,” Mr Osborne said.

“She was there the whole time, she was directly involved in the struggle with officer Tyrrell as Mr Scott was tackled to the ground.”

Mr Osborne said other evidence in the trial gave him a reasonable doubt about the officer’s evidence.

Although Constable Tyrrell said he suffered weeks of anxiety and pain in his genitalia for days, he had not sought medical treatment or counselling.

“The CCTV footage shows officer Tyrrell re- entering the police station six minutes after going out the front,” Mr Osborne said. “The CCTV footage does not show an apparent change to Officer Tyrrell’s gait or other bodily movement indicative of a person who has suffered pain or a strike to his groin.”

Mr Scott was acquitted and discharged on all the counts.

Mr Osborne ordered Constable Tyrrell pay Mr Scott’s legal costs of $ 7125.