A COURT has heard a police officer charged with assaulting a mining protester during an arrest warned the woman she would be removed with force if necessary.
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The Director of Public Prosecutions (DPP) alleges Sergeant Grant James Bell assaulted Kerrie Tomkins causing actual bodily harm during an arrest, as well as common assault, at the Leewood facility in the Pilliga in February, last year.
Sergeant Bell, who is attached to the Barwon local area command, has pleaded not guilty to the charges.
Gunnedah Local Court was played video of the arrest on Thursday morning on the first day of the hearing.
The court heard Ms Tomkins entered the Santos-operated site on the morning of February 1.
DPP solicitor Cassandra Hurford said Ms Tomkins entered with a group of protesters and “locked” onto a grader with a second woman.
She said the group of protesters were asked to leave by security, but when they refused, police were called.
Officers asked the group to leave the site but the two “locked-on” protesters remained.
When questioned in the witness box about the reason for her actions, Ms Tomkins said it was “because the environment doesn’t have a voice”.
“[I] felt strong penetration of aerosol, I couldn’t breath, I was in shock … I know it was Sergeant Bell that sprayed me,” she told the court.
[I] felt strong penetration of aerosol, I couldn’t breath, I was in shock … I know it was Sergeant Bell that sprayed me.
- Kerrie Tomkins
But defence barrister Ray Hood said Sergeant Bell had warned the women.
“I’ve been more than fair to you ladies … you’ve done your protest and you have your photos and video,” he said reading a statement, adding that Sergeant Bell had warned that failing to comply with directions from police could result in further offences.
“I’m now going to arrest you. If you resist, sufficient force will be used to make you comply.”
Mr Hood argued Ms Tomkins had “had tangled part of [her] body” around another protester during the incident.
“What you did was make it [the arrest] as difficult as you could?” he asked Ms Tomkins.
“Yes,” she replied.
Under cross-examination about whether Ms Tomkins was thrown or lifted over the grader, Mr Hood questioned Ms Tomkins if she thought the video footage had been doctored.
Ms Tomkins told the court “anything is possible”.
The hearing continues.
