Mount Gambier police officer Bradley Moyle found not guilty of aggravated assault during 2021 arrest

A magistrate says a police officer who punched a drunk teenager twice during an arrest was using excessive force – but was being “honest” in his actions.

A South Australian police officer has been found not guilty of aggravated assault over the 2021 arrest of a 19-year-old woman he struck twice in the face.

Magistrate Koula Kossiavelos found Constable Bradley Moyle, 37, not guilty of three counts of aggravated assault on Wednesday in the Mount Gambier Magistrates Court over the arrest Kiara Beck, saying while he used excessive force he was acting “honestly” in trying to prevent a breach of the peace.

Constable Moyle, an Afghanistan war veteran, was on trial over his alleged assault of Ms Beck, now 22, during an arrest on the night of August 22, 2021, in a car park across the road from Mac’s Hotel.

Kiara Beck, who was arrested by SAPOL officer Constable Bradley Moyle. Picture: Supplied

Mount Gambier police officer Bradley Moyle has been found not guilty. Picture: Arj Ganesan

During trial, the court heard Constable Moyle tried to shove an “intoxicated and emotionally volatile” Ms Beck into the back seat of a taxi and after she resisted, placed her under arrest, took her to the ground and struck her twice in the face.

The court heard Ms Beck had a hand on Constable Moyle’s shirt collar while she was on the ground, prompting what he called “distraction strikes” to get her to release him.

During cross-examination, Constable Moyle said upon review the second strike may have been “unnecessary” but the incident happened in seconds.

Prosecution alleged Constable Moyle’s actions were “an act born out of frustration and annoyance” while defence argued his “reasonable” actions aligned with his training.

Delivering her judgment, Ms Kossiavelos found while Constable Moyle’s actions in striking Ms Beck twice were “excessive” and “not a reasonable use of force”, he believed they were necessary.

She said the shove was not excessively forceful and was necessary to prevent a breach of the peace being caused by Ms Beck’s drunken “erratic, belligerent and, at times, aggressive” behaviour.

“The defendant honestly believed that he was administering distraction strikes in order to be able to place the complainant on her stomach so as to handcuff her to the rear and effect her arrest,” the magistrate said.

“Whether or not he was mistaken in his belief, I believe that he honestly held that belief and acted in good faith at all times.

“In my view, prosecution has failed to prove beyond reasonable doubt that the defendant acted dishonestly in either count two or three.”

She found Constable Moyle not guilty of all three counts of aggravated assault and he was acquitted on all charges, later leaving the court joined by a group of supporters.

He has been suspended from the police force with pay since June 2022.

Asked about the outcome of the case, Police Commissioner Grant Stevens said: “We will deal with this as part of the police complaints and discipline process so it wouldn’t be appropriate for me to make any further comment”.

“I am constrained about what I can say. There’s been a criminal prosecution process,” he said.