SA Police deny Nathan Cross, pushed headfirst into charge counter, suffered brain injury during brutal incident

This man says he suffered a brain injury when an SA Police officer pushed him headfirst into a counter – but the department says there’s no link.

Any brain injury sustained by a man who struck his head on a police station counter after an officer pushed him is “not causally related” to the incident, a court has heard.

SA Police have asked the District Court to dismiss Nathan Cross’ bid for compensation and damages, insisting officers stationed at Victor Harbor did nothing wrong.

In court papers, police reject Mr Cross’ assertion that they sought to “cover up” the incident – captured on CCTV footage – by accusing him of assaulting an officer.

“At all times, (officers were) motivated by the proper administration of justice, and acted without malice and lawfully within their powers,” it asserts.

“If Mr Cross has suffered any injury, which is denied, it was pre-existing or caused by factors not causally related to the matters pleaded (in his lawsuit).”

Nathan Cross. Picture: Tait Schmaal.

Photos of Mr Cross taken after his arrest. Picture: Victor Harbor Magistrates Court registry.

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 Senior 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.

In its defence papers, SA Police says Cross had been “lawfully arrested”, prior to the incident, on charges of breaching his bail for an earlier alleged offence.

It says officers had “reasonable and probable cause” to prosecute him for both that breach and the alleged assault of Senior Constable Higgins.

“We deny he is entitled to the damages, interest and costs as claimed or at all,” it asserts. The case returns to court on Monday.