Police officer Ben Higgins defends decision to punch Clarence Rahana Yates
A police officer has defended his decision in court to strike a man who allegedly spat on him during an arrest.
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A police officer has defended his decision to strike a man who allegedly spat on him during an arrest.
Clarence Rahana Yates, 23, pleaded not guilty at the Christies Beach Magistrates Court to allegedly spitting on Senior Constable Benjamin Higgins during an arrest at Woodcroft.
Senior Constable Higgins told the court on Friday it was the “right decision” to deliver a “short distractor strike” to Yates during the arrest.
The court heard Senior Constable Higgins was called to the States Road home to assist in an arrest for suspected graffiti vandalism in July 2019.
After the arrest, Senior Constable Higgins was searching Yates who allegedly then spat both near and on the officer.
“He hocked up some phlegm in his throat and spat … he leant to his right hand side and spat on his right hand side and it landed next to my left foot,” Senior Constable Higgins told the court.
“A few seconds later he did the same thing except didn’t hock up, he just spat.
“I felt him turn his body towards me slightly and then spit on my arm.
“I felt he deliberately spat on me.”
Footage taken by friends of Yates, played in court, then shows Senior Constable Higgins strike Yates in the face and pull him to the ground.
“I was just surprised that he did it,” Senior Constable Higgins said.
“I was unsure what he was going to do then, I delivered a short distracter strike and then controlled him to the ground.
“As police we have a lot of different options available to us, given the fact that the situation was controlled relatively quickly I would say that was the right decision.”
Senior Constable Higgins was cleared of any wrongdoing by police over the punch.
Police Commissioner Grant Stevens said in September last year the incident had been reviewed and that no further action would be taken against the officer.
The trial, well into its second day, was adjourned after Yates sacked his lawyer – Richard Coates – following a morning break.
On Thursday, the court was shown footage from the body camera of another officer, Amanda Pinyon.
Ms Pinyon’s body-worn camera did not capture the alleged spitting or retaliatory strike.
She said the incident was quick.
But the body cam did capture Yates’s reaction, where he claimed he did not intentionally spit at Senior Constable Higgins.
“He f**king hit me,” Yates said.
“What the f**k did I do? I put my hands up like you told me to.”
The footage shows Ms Pinyon replied: “You spat.”
Yates will face court again in December.
