Raina Jane Cruise asks Court of Appeal to overturn conviction for assaulting, scalping, pregnant SA Police officer
She assaulted and scalped a pregnant police officer, but this woman says her actions were self-defence and she should be acquitted.
Police & Courts
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A former political candidate and prominent anti-vaxxer was “defending herself” from “unlawful arrest” when she tore hair from the scalp of a pregnant SA Police officer, a court has heard.
On Tuesday, Raina Jane Cruise asked the Court of Appeal to overturn her conviction for attacking Constable Anthea Beck on Rundle St during the pandemic.
Andrew Graham, for Cruise, said Constable Beck’s bodyworn camera footage was “so clear” that the court could watch it and then acquit his client of any wrongdoing.
Constable Beck, he said, had not lawfully arrested Cruise when she “pushed” her and another member of her group, after which the women grappled to the ground.
He said the officer had no grounds, at the time, to have “reasonable suspicion” any offence had been committed, nor did she “announce” Cruise was under arrest.
“If there’s doubt that those requirements for a valid arrest were made out, Cruise gets the benefit of the doubt and is entitled to defend herself,” he said.
“The law of self-defence then applies... if she was defending herself from false imprisonment, she was not acting disproportionately (and) could not be found guilty of assault.”
Cruise, 39, was found guilty at trial of intentionally causing harm to Constable Anthea Beck, in 2021, by kicking and punching her, and by and tearing chunks of hair from her head.
Her three-year sentence was suspended on condition of a three-year, $1000 bond and 100 hours of community service, drawing the ire of the community and SA Police.
Prosecutors subsequently filed an appeal, while Cruise opted to challenge the guilty verdict and seek an acquittal.
On Tuesday, a prosecutor asked the court not to interfere with Cruise’s conviction, saying Constable Beck’s actions were lawful.
Cruise’s punishment, he said, arose from “a substantial miscarriage in the sentencing exercise” by the trial judge.
“It was an outcome capable of impacting public confidence in the administration of justice, or shocking the public consciousnesses,” he said.
Chief Justice Chris Kourakis, President Mark Livesey and Justice Sam Doyle have reserved their decision.
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