Simon Mark Johnson found not guilty by jury of assault after arresting man over dangerous car chase

A South Australian police officer has been found not guilty of assaulting a prisoner he was arresting after a dangerous pursuit through Adelaide.

A South Australian police officer has been found not guilty of assaulting a prisoner he was arresting after a dangerous police pursuit in which several police officers were almost hit by a car.

On Thursday, a jury comprising of nine women and three men reached a unanimous verdict after deliberating for almost four hours.

Simon Mark Johnson, 38, a South Australian police officer holding the rank of sergeant, was found not guilty of one count of aggravated assault of the October 19, 2019, incident involving Lennard Gordon Kennard Ware.

The officer’s employment with South Australia Police was temporarily suspended awaiting the outcome of the trial.

Prosecutor Dr Peter Salu alleged throughout the trial Mr Johnson had slammed Mr Ware’s head into a concrete footpath following his arrest.

Ware was convicted and sentenced over the incident.

David Edwardson KC, for Mr Johnson, denied the charge against his client saying there wasn’t substantial evidence to prove there was an assault, especially one involving Mr Johnson.

In his closing statement on Wednesday Mr Edwardson said the prosecution had failed to prove beyond reasonable doubt his client was guilty.

Simon Mark Johnson leaving the District Court. Picture: NCA NewsWire / Ben Clark

“There has never been an identification of my client in any proper format,” he said.

“So how on earth it be suggested to you, with the greatest of respect, that the prosecution adduced sufficient evidence to establish and prove beyond reasonable doubt that charge against Sergeant Johnson beggar’s belief.

“He is in your hands. Members of the jury; not guilty is the only verdict on this evidence.”

Mr Edwardson also summarised evidence suggesting Mr Ware had previously self-harmed while under the watch of police following an arrest.

“Even Mr Broomhead, when he gave evidence, said that he did not see the injury or at least he could not discount the possibility that an injury that might have been evidence on his forehead was caused other than by what he claims occurred in the context of this case,” he said.

“It’s now agreed that on multiple other occasions he was engaged in self-harm in circumstances where he’s in the company of police officers.”

Mr Edwardson also condemned the actions of Mr Ware saying he put several police officers in danger.

Lennard Ware. Picture: Facebook

“Obviously one would have tremendous sympathy and empathy, can I suggest, for any one of these police officers who were drawn into this hideous pursuit by this maniac behind a car but I’m not in any way seeking at all to condone unfair, unlawful police brutality or exacting some form of retribution because of what the police were exposed to,” he said.

Dr Salu said, in his closing statement on Wednesday, that there is no evidence suggesting the wound on Mr Ware’s head was self-inflicted.

“There is no evidence of Ware falling face first into the ground,” he said.

“The accused has two hands grabbing a hold of him, shoves him backwards and forwards a few times says words ‘you almost ran over me on Grand Junction Rd’.

“What happens next, Johnson pushes the prisoner’s head downwards towards the concrete … and Ware’s head makes a loud hollow-knocking type noise.”

Mr Johnson’s wife cried with relief as he walked from court on Thursday after the not guilty verdict.