Four SA Police officers will not face any charges over alleged assault of handcuffed man Nathan Cross, court told

Four police officers found to have given misleading evidence in court after a handcuffed prisoner was pushed headfirst into a counter will not face prosecution.

Four SA Police officers who a court found gave misleading evidence about a handcuffed prisoner being pushed headfirst into a charge counter will not be prosecuted.

On Wednesday, the District Court heard the Office of the Director of Public Prosecutions had opted not to charge the quartet over the 2017 arrest of Nathan Cross.

It also heard no decision had been made on any internal disciplinary proceedings – which police lawyers said was reason to postpone Mr Cross’ compensation lawsuit.

Andrew Carpenter, for Mr Cross, said police were failing to act as a “model litigant” and said the attempt to delay his client’s case was “an abuse of process”.

“We’ve received an email from the DPP saying these officers aren’t facing any criminal charges, yet our position is the evidence of collusion is overwhelming,” he said.

“The government originally requested a four-month adjournment to interview the officers, but they’ve already provided oral testimony that a court found to be untruthful.

“It would be an abuse of process for this case to be postponed … the government’s application is ill-conceived and destined to fail.”

Nathan Cross – who was handcuffed, surrounded by four police officers and pushed into a charge counter – outside court. Picture: Tait Schmaal.

Mr Cross, 43, of McCracken, was acquitted at trial of assaulting Senior Constable Ben Higgins in February 2017.

He struck his head on the charge counter after Constable Higgins pushed him – he was handcuffed, barefoot and surrounded by three other officers at the time.

Mr Cross subsequently filed a lawsuit accusing police of “maliciously” prosecuting him to “cover up” the assault upon him, asking for exemplary damages.

Police, however, claim there is no “causal” link between the incident and Mr Cross’ injuries, asserting that they were pre-existing.

A photograph of Mr Cross’s injuries. Source: Victor Harbor Magistrates Court

On Wednesday, Mr Carpenter said SA Police’s defence papers were “inadequate” as they “denied things already made out, in court, to be facts”.

“The evidence of these officers was found to be inconsistent with the CCTV footage of the incident,” he said.

“It seems the police have already pinned their flag to the mast and said ‘this is our series of events’, so there’s no reason to further delay these proceedings.”

Police lawyers, however, insisted they needed more time.

“We still need to speak to the officers … as indicated, we can’t do so until the internal investigation process has been dealt with,” they said.

Master Elizabeth Olsson said she would hear police’s bid to postpone the case in February.

“It may be that the investigation will already be completed by that stage … we can live in hope,” she said.