Police officer gives evidence in Luke Hanna hearing

A witness has told the Court he was concerned for his safety during an encounter with a man he suspected of looting during the 2019 bushfires.

A police officer has told the Court he was expecting to get his “head knocked off” by a man he suspected of looting around Coutts Crossing, NSW during the 2019 bushfires.

A police officer has told the Court he was expecting to get his “head knocked off” by a man he suspected of looting during the 2019 bushfires.

Appearing via audiovisual link in Grafton Local Court, detective inspector Kingsley Chapman gave evidence of his exchange with the accused Luke Benjamin Hanna, during the second half of a part-hearing on Tuesday.

Mr Hanna has been charged with multiple offences following the encounter, including assaulting a police officer in the execution of duty, escaping police custody, obscuring a vehicle number plate, and resisting an officer in the execution of duty. Mr Hanna has pleaded not guilty to all offences.

According to Insp Chapman’s police statement, at approximately 11.10pm on November 13, 2019, while travelling alone in an unmarked police vehicle, heading south along Kangaroo Creek Road, Coutts Crossing, he received radio communication from nearby officers identified as Grafton 25, to pull over a white Toyota Hilux dual cab utility heading north toward him. Insp Chapman explained to the Court that the radio communication stated the vehicle may have been involved in alleged looting of properties along Kangaroo Creek Road.

“Police had been called multiple times over a two-hour period in relation to the alleged offences,” Insp Chapman said.

Mr Chapman told the court two of the triple-0 calls made that night included witnesses who observed a white Toyota dual cab Hilux entering a Kangaroo Creek Road property.

Moments after receiving the radio communication from nearby officers, Insp Chapman said a Hilux fitting the description passed him. He activated his police lights and pulled the vehicle over, noting that the rear licence plate to the Hilux had been covered by a white shirt.

The driver of the vehicle was later identified as Luke Benjamin Hanna.

Days before Inspector Chapman’s encounter with Mr Hanna fire crews battle blazes in and around Nymboida, to the south of Coutts Crossing. (Photo: November 9, 2019)

“The driver was very compliant in stopping his vehicle promptly,” Insp Chapman told the Court.

“But as soon as the vehicle stopped, he was straight out of the car and approaching the driver’s side of my unmarked police vehicle. He had an expression on his face that caused me to be immediately hypervigilant… tense, no conversation, no blinking.”

Insp Chapman said he exited his vehicle where he then smelled a strong scent of liquor coming from Mr Hanna.

“I told him ‘I believe you were involved in a number of break-ins’ and he said, ‘I haven’t done anything wrong’,” Insp Chapman told the Court.

Insp Chapman said he instructed Mr Hanna several times to move off the roadway for the safety of both men, but Mr Hanna refused to move, causing the officer to place his hand on Mr Hanna’s shoulder to direct him off the roadway. According to Insp Chapman, Mr Hanna remained resistant and pushed back.

“I believed a violent resistance was imminent; I felt like I was going to get my head knocked off,” Insp Chapman said before stating he then moved to arrest Mr Hanna to ensure his safety in the present situation.

A short time later, nearby police officers arrived to assist. Insp Chapman said by this time he had Mr Hanna’s hands placed on the bonnet of the police vehicle.

Insp Chapman told the Court that Mr Hannah repeatedly asked “what’s going on?” and stated, “I’ve done nothing wrong,” while three officers, including Insp Chapman, struggled to place him in handcuffs as he continued to resist.

Insp Chapman said pepper spray and, later, a taser proved ineffective on Mr Hanna. However, one handcuff was successfully secured to his right wrist.

After a bushfire tore through the area in 2019, Energex workers work to restore power at Coutts Crossing in Northern NSW, Wednesday, November 13, 2019. (AAP Image/Jason O'Brien)

Insp Chapman said at one point they lost control of Mr Hanna, which led to Mr Hannah using the handcuff as a weapon.

“With a clenched fist, he thrashed his right hand down across his body with the attached handcuff hitting me on the elbow which resulted in two scratches,” Insp Chapman said.

The Court heard from Insp Chapman that another officer was able to avoid Mr Hanna’s attempt to “take a swing at his head” before he fled the scene, jumping over a fence and disappearing into a paddock.

A police search of Mr Hanna’s vehicle failed to show any evidence of stolen items.

Insp Chapman said Mr Hanna presented to Grafton Police Station the following day with the handcuffs still attached to his right wrist.

During cross-examination, Insp Chapman agreed with Mr Hanna’s defence that he did not have sufficient evidence to charge him for any looting offences but defended his reasons for pulling his vehicle over.

“The information I had was evidence from witnesses calling triple-0 and information from Grafton 25 instructing me to stop that vehicle. Based on those grounds, I had sufficient information to pull the vehicle over,” Insp Chapman said.

Mr Hanna’s defence further questioned Insp Chapman’s process of arrest, noting that he failed to follow procedures including establishing Mr Hanna’s identity.

Insp Chapman responded by saying that the level of escalation at the time prevented him from following normal procedures, stating that “my safety was my most paramount concern.”

However, Mr Hanna’s defence asserted that there was “no physical action or act of violence toward (Insp Chapman) before the arrest” which Insp Chapman disagreed with.

The matter has been adjourned for further hearing.