Mercury (Hobart)

Police strip ADF veteran

PTSD sufferer avoids conviction

- ROSEMARY MURPHY

A FORMER member of the Australian Defence Force who was medically discharged for debilitati­ng post traumatic stress disorder has avoided conviction for resisting arrest.

Damien Trent Gosley, who is currently in Victoria, appeared via phone in the Launceston Magistrate­s Court on Friday.

The 31-year-old called police to a West Launceston residence on June 26 telling them his partner, Molly Deegan, had “lost the plot.”

Defence counsel Frank Brinken said the couple had been out at a nightclub when Ms Deegan had been highly intoxicate­d and behaving erraticall­y.

He said she continued to do so when they returned to the home and Gosley had called police when she had threatened to throw his laptop.

When police arrived at the home, they separated the couple into different rooms.

Police prosecutor Alex Pemberton said when police went to arrest him, Gosley became violent and resisted arrest.

The court heard he was taken to the ground and began swearing and verbally abusing the attending officers.

Mr Brinken said at the time Gosley didn’t know what he was being arrested for, given he was the one who had called the police.

“He developed post traumatic stress disorder as a result of what he experience­d in his time in the military and may explain why he would act in a manner other people may not when restrained by police,” he said.

“After he was arrested, he was stripped naked by police and he believed was going to be sexually assaulted.”

Mr Brinken said he was released without any shoes and a family violence order meant he was not able to return to the West Launceston home and was essentiall­y homeless.

Gosley was also charged with using abusive language to a police officer.

In sentencing, magistrate Ken Stanton said police were there to perform their duty and “your role is to comply with authority”.

Mr Stanton said he also took into account the post traumatic stress disorder Gosley had developed during his time in the ADF.

“In those circumstan­ces, I think it is realistic that someone would behave in that way.”

Mr Stanton said no conviction would be recorded for both charges.

A related common assault charge was adjourned to a later date.

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