Constable Bradley Moyle trying to avoid arresting drunk woman he allegedly shoved and punched in the face, court hears

A police officer accused of excessive force when he punched a drunk woman in the face twice during an arrest was trying to get her into a taxi, a court has heard.

A Mount Gambier police officer accused of excessive force during the arrest of a drunk 20-year-old girl “simply wanted her to go home” a court has heard.

Constable Bradley Moyle, 36, allegedly punched Kiara Beck in the face during the incident with two other officers in the car park of Mount Gambier’s Trident Tyre Centre, across the road from Mac’s Hotel, after she had been denied entry into the pub.

Earlier in the evening Ms Beck had been ejected from the Commercial Hotel around 11.20pm after allegedly getting into an “altercation” with her partner Tyson Ratcliffe.

Constable Moyle came across Ms Beck in the parking lot of the Commercial Hotel following her ejection. Bodycam footage shows Ms Beck being forcibly taken to the ground during this interaction after she tried to kick approaching officers.

She was then taken to the Mount Gambier Hospital by an ambulance for a mental health assessment, but soon left and by 1.50am was trying to gain entry to Mac’s Hotel, prompting bouncers to call for police assistance, including Constable Moyle.

Still wearing her hospital admission bracelet, Ms Beck argued with police saying she wanted to go into the venue to search for her missing boyfriend and phone.

The court heard police were unable to drive Ms Beck home in the back of the police car due to covid-19 restrictions at the time so they called a taxi in hopes she would get in it and go home.

Kiara Beck was allegedly assaulted by SAPOL officer Constable Bradley Moyle. Picture: Supplied

Bruises Kiara Beck allegedly sustained during her arrest by Constable Moyle. Picture: Supplied by Courts SA

However, the court heard Ms Beck refused to get into the taxi and “was making a lot of threats, including threatening to kill the taxi driver”.

The prosecution said despite Ms Beck’s “obnoxious, unruly, and loud” behaviour, Constable Moyle “didn’t want to arrest her, he just wanted her to get into the taxi”.

The court previously heard Constable Moyle and his fellow officers try to avoid arrests when possible as it takes officers off the street in a country region where their presence is important.

On Thursday, the court heard bodycam footage of the interaction shows Constable Moyle “pointing a finger” in Ms Beck’s face as she stands and yells in front of the taxi’s open backdoor and sternly warns her to “shut up, get in the car and go home, or I’m going to arrest you for at disorderly behaviour”.

It heard he then pushes her with two hands making her fall into the taxi’s back seat and when she tries to resist he tells her she’s under arrest and brings her to the ground.

“The warning is good policing – where he oversteps is shoving her,” the prosecution said.

“The shove is not allied with police power or the function of duty.”

Once on the ground, the court heard footage shows Ms Beck’s left arm gripping the collar of Constable Moyle’s uniform. One of the assisting officers can be heard telling Ms Beck to “stay down” and Constable Moyle sternly tells her to “let go” before striking her twice in the face.

The court previously heard Constable Moyle admitted the second strike may have been “unnecessary” but the incident happened in seconds and he ceased striking Ms Beck once he realised she no longer held his shirt.

On Thursday prosecutors focused on the “the shove”.

“Count one (the shove) does not have the same complexity of counts two and three (the strikes),” the prosecution said.

“It’s hard to see how aggressively shoving (Ms Beck) into the taxi is a way of preventing a breach of the peace,” the prosecution said, when Magistrate Koula Kossiavelos posed that Constable Moyle was attempting to prevent such a breach.

Constable Bradley Moyle leaving the Mount Gambier Magistrate, Courthouse. Picture: Arj Ganesan

“She had been aggressive during the night,” Ms Kossiavelos said.

“You don’t prevent a breach of the peace by shoving someone into a taxi,” the prosecution said.

“Police do not have the power to dictate how people go home and they are certainly not armed with the power to shove people into a taxi.”

Prosecutors said Constable Moyle had “lost control of his emotions and engaged in a physical altercation with a petite drunk woman of just 20-years-old, 50 kilos and under 5 feet tall”.

“Mr Moyle might be a good police officer – character references suggest so – this might’ve also just been an off day for him, but at the end of the day he still punched a 20-year-old girl who posed no physical risk to him.”

Due to technical difficulties during the proceedings, the bodycam footage was unable to be shown to the court.

The trial was adjourned to March or April where the magistrate and counsel can review the footage.