A POLICE officer has been cleared of assaulting an environmental protester after the court found his actions “were reasonable”.
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Grant James Bell, a Narrabri-based Sergeant with Barwon police, walked from Gunnedah Local Court on Tuesday afternoon after he was found not guilty of assault occasioning actual bodily harm and common assault.
The Director of Public Prosecutions (DPP) had alleged Sergeant Bell assaulted Kerrie Tomkins causing actual bodily harm during an arrest at the Leewood facility in the Pilliga in February, 2016.
But the charges were dismissed by Acting Magistrate Mal MacPherson after a hearing which had been adjourned part-heard from February.
“In the circumstances and evidence I’ve heard, the actions of the police officer were reasonable,” Mr MacPherson told the court.
“Both matters are dismissed.”
The court heard on the morning of February 1, last year, Ms Tomkins entered the Santos-operated site with a group of protesters and “locked” onto a grader with a second woman.
The protesters refused to leave voluntarily and were warned by police that OC spray, commonly known as capsicum spray, would be used if necessary to remove trespassers from the site.
The actions of the police officer were reasonable.
- Acting Magistrate Mal Macpherson
Under cross-examination in court, Ms Tomkins conceded she made the arrest as difficult as possible.
“It’s clear from the evidence that these two parties were not going,” Mr MacPherson said in his judgement.
“They were not going to leave.
“Sergeant Bell explained what was going to happen if removed, that he was going to use physical force including the use of OC spray. He also asked if the two ladies were allergic to OC.
“This was a legitimate workplace and these two ladies were trespassing and not willing to leave.
Sergeant Bell explained what was going to happen if removed, that he was going to use physical force including the use of OC spray. He also asked if the two ladies were allergic to OC.
- Acting Magistrate Mal MacPherson
“Sergeant Bell was extremely measured in the way OC was used to get control of the situation with minimum consequences to people involved.
“Once OC spray was used, it had the desired effect.”
Mr MacPherson will now determine a defence application in court to recover the costs of the failed prosecution.
Following the judgement, several of Sergeant Bell’s colleagues, who were watching on in the public gallery, embraced in the courtroom.
Sergeant Bell had pleaded not guilty to both charges and the court had earlier been played video of the arrest.
At least one individual expressed his verbal disagreement with the decision while gesturing in the direction of Sgt Bell’s supporters outside court.
In June last year, police dropped a resisting arrest charge against Ms Tomkins.
