SA court told police officers on duty when Nathan Cross was pushed headfirst into a charge counter should be prosecuted

The police officers on duty when this man was pushed headfirst into a charge counter should be investigated and prosecuted, a court has heard.

SA Police officers have given “false and misleading” accounts of an incident in which an arrested man was pushed headfirst into a counter and should be prosecuted, a court has heard.

On Monday, police lawyers asked the District Court to indefinitely postpone Nathan Cross’ compensation lawsuit, pending internal inquiries into the 2017 incident.

They said the officers involved were “the subject of an investigation”, and that it should be allowed to conclude before any form of compensation was considered.

But Andrew Carpenter, for Mr Cross, said police had refused to disclose whether that investigation was a disciplinary proceeding – and said the case should continue regardless.

“If this investigation is a criminal investigation, my client would applaud that … he has been dragged through the wringer because of this,” he said.

“He was assaulted, and then there was a series of false and misleading statements made by the officers which, we say, should form the basis of a criminal investigation.

“Our position remains that the false statements made by the police in this matter have tainted convictions in other matters.”

Nathan Cross was handcuffed and surrounded by four police officers when his head was pushed into a charge counter. 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.

On Monday, Mr Carpenter said the criminal case against his client had been “delayed for many years” prior to his acquittal.

“We simply want this matter on foot,” he said.

“The fact the police don’t even know the basis for the investigation that’s currently being undertaken is concerning.”

The matter returns to court next week, when a date will be set to hear SA Police’s application to postpone the lawsuit.