Drunk Magill O-Bahn driver Kwok Cheung Leung ‘confused’ during assault of police officer, court heard

An IT worker who drove on to the O-Bahn while five times the limit and assaulted a police officer screamed, “am I in China” during the attack, a court heard.

A very drunk man who drove on to the O-Bahn track while drunk and assaulted a female police officer screamed “am I in China?” during the attack, a court heard.

Kwok Cheung Leung, 53, faced Port Adelaide Magistrates Court on Monday via video for sentencing submissions, after earlier pleading guilty to driving without due care, driving with excess blood alcohol and assaulting a police officer, where his counsel sought a “merciable” approach.

However, police prosecutor said jail was the only appropriate penalty, because the Magill man had unbuckled his seat belt on the way to the police station and, as the officer sought to manage the situation, started screaming “quite loudly” before assaulting her.

“The victim then called for aid by her radio and, at this time, the accused placed his hand across the mouth and jaw and pulled her head to the left, pinning it to the seat headrest,” Isaac Trumble said.

Kwok Cheung Leung outside court during an earlier appearance.

Kwok Cheung Leung outside court during an earlier appearance.

“The accused at this time seemed to be confused about where he was. He was yelling, ‘What the f**k? Where am I? Am I in China?’”

Leung was more than five times the legal limit when he drove on to and became stuck on the O-Bahn tracks near the Tea Tree Plaza interchange last Christmas.

The 53-year-old was then taken into police custody.

While he was being transported to the Holden Hill Police station he assaulted and injured the female police officer.

Mr Trumble said she suffered bruising to her neck, hair pulled from the roots, sore arms, a 5mm cut to her left ear and a 10cm open wound to the right cheek.

He said when Leung was initially questioned by police, he denied assaulting the officer and drinking before later stating he had a glass of red wine.

Mr Trumble argued jail was the only appropriate penalty, adding the protection of police officers was “of vital importance to the community” and the assault had “ongoing negative effects for the victim’s personal life”.

“Community as a whole must be appropriately deterred from similar offending against police officers,” he said.

Counsel for Leung told the court he had no prior criminal history and there were appropriate alternatives to prison.

These included a lengthy good behaviour bond, a substantial fine, community service or a suspended sentence, Nick Griffin said.

He said Leung’s offending was “extremely out of character” and he did not present an ongoing danger to the community.

Mr Griffin added Leung, who needed to travel for his IT company job, was not prone to excessive drinking and has since committed to abstinence.

“All in all, Your Honour, the seriousness of the offence, while we accept that it is a serious offence, it does not necessitate a heavy sentence,” he said.

“It was extremely out of character and in my submission, a merciable approach is appropriate.”

The matter returns to court next week.