Mount Gambier police officer Bradley Moyle awaiting verdict on charges he assaulted drunk woman during arrest
A SA police officer is awaiting a verdict on charges he assaulted a drunk young woman during an arrest, with a court hearing why he shouldn’t be found guilty.
Police & Courts
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A drunk young woman shoved into a taxi and allegedly struck twice in the face by a Mount Gambier police officer was back on her feet and “carrying on like a pork-chop” right after the altercation took place, a court has heard.
Constable Bradley Moyle, 36, is standing trial in Mount Gambier Magistrates Court over the alleged aggravated assault of then-20-year-old Kiara Beck in 2021.
The alleged assault took place as Constable Moyle and two other police officers were trying to get Ms Beck into a taxi so she could go home after she’d been refused entry to Mac’s Hotel.
The footage, which has been shown in court, was described by the prosecution as showing “clearly intoxicated and emotionally volatile” Ms Beck telling the police she wants to go into a pub to find her phone and boyfriend, with whom she’d had an argument earlier that evening.
The court was told she had previously encountered Constable Moyle that night after being ejected from the Commercial Hotel around 11.20pm after getting into the “altercation” with her partner.
Prosecution said Ms Beck was clearly “intoxicated and emotionally” volatile at the time of her second run in with Constable Moyle.
Body cam footage shows Constable Moyle telling Ms Beck sternly to get in the taxi and “go home”.
“We’re very busy and you’re wasting our time,” Constable Moyle said in the footage.
The video shown in court shows Ms Beck saying, “I’m gonna kill this person” and “this c*** is dead” while gesturing towards the taxi driver.
The footage then shows Constable Moyle pointing a finger in Ms Beck’s face and warning her to “shut up, get in the car and go home, or I’m going to arrest you for disorderly behaviour”.
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 court heard Ms Beck “started swearing, kicking her legs and tried to grab Constable Moyle” after he shoved her into the taxi, prompting him to arrest her.
“You’ve had enough chances tonight Kiara,” Constable Beck said in the body cam footage after he’d arrested her.
One of the assisting officers can be heard in the footage telling Ms Beck to “stay down” and Constable Moyle sternly tells her to “let go” before striking her twice in the face.
The prosecution said Constable Moyle’s actions were “an act born out of frustration and annoyance”.
“Neither of the two punches were allied with power of arrest,” prosecution said.
Constable Moyle’s defence said Ms Beck was up on her feet “carrying on like a porkchop right after the strikes, showing the force wasn’t unreasonable or excessive”.
The court previously heard from Constable Moyle and his defence that Ms Beck had one of her hands on his collar and Constable Moyle “could feel the pressure of her hand on his neck”, prompting him to deliver two “distraction strikes” to get her to release him.
On Friday, prosecutors told the court the footage showed Ms Beck’s arm was “already restrained by one of the assisting officers”.
“Miss Beck’s hand was never on his collar,” prosecution said. “The punches were unnecessary and did not help with her arrest.”
Constable Moyle’s defence said the footage showed Ms Beck’s hand grabbing Constable Moyle’s collar.
The court also heard the defence “believe it was reasonable for Constable Moyle to resort to the two strikes” and it aligned with his police training.
“The constable held an honest belief that his actions were in line with his rights to arrest her.”
Defence also said the bruising Ms Beck alleges she received from the strikes could have been a “red herring”.
“We don’t know if those bruises could’ve come from an altercation earlier in the night,” the defence said.
Ms Kossiavelos said she required more time to go over the evidence and reserved her verdict to be delivered at a later date.
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