Luke O’Donnell will now argue he acted in ‘self defence’ before allegedly pushing female cop
A FORMER State of Origin star’s defence that police unlawfully entered his eastern suburbs unit without a warrant before he allegedly pushed a female senior constable and was tasered has failed.
NSW
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A FORMER State of Origin star’s defence that police unlawfully entered his eastern suburbs unit without a warrant before he allegedly pushed a female senior constable and was tasered has failed.
Luke O’Donnell, 38, will now argue he was acting in self-defence after police arrived at his Clovelly home at 7am on June 3 when his mother, Diane, called triple-0 reporting he had been “smashing up” the place and he might have a knife.
Downing Centre Local Court heard that Senior Constable Belinda Jones put her foot inside the partially opened door to stop it from closing after she knocked on the door. She later touched O’Donnell’s forearms as he stood in the doorway before he allegedly pushed down causing her to lose her footing.
O’Donnell’s lawyer Sheldon Korneluk had argued her actions constituted trespass as there was no yelling or cries and that the police radio had broadcast that O’Donnell had calmed down and he no longer had a knife.
But Magistrate Stewart said the Senior Constable Jones had reasonable grounds to believe a breach of the peace was being or likely to be committed and she did not need a warrant to enter the property.
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O’Donnell is fighting charges of intimidation, causing malicious damage, assaulting a female senior constable in the execution of her duty and resisting arrest. He will now rely on the argument of self defence.
It comes as confronting footage of the moment Eastern Beaches Detective Inspector Anthony Macklin fired the taser at O’Donnell’s shoulder was played on the second day of the hearing.
Det Insp Macklin told the court the former Sydney Rooster was “loud” and “offensive” and that he heard him tell one officer: “I will take that little Muslim beard and stick it up your arse”.
He said he tried to calm him down but eventually a melee took place and they tried to restrain him on the ground.
“I had been trying to communicate … with Mr O’Donnell for a significant period of time. His demeanour hadn’t changed towards us, his level of hostility hadn’t changed. He made a number of verbal threats towards the officers,” he said when asked why he decided to use the taser.
“Even though we had been trying to subdue him and control him on the ground, he showed extreme strength.
“I remember looking back to one of the officers trying to hold on to one of his legs and he was being moved about such was the strength of Mr O’Donnell.”
He said that they were in a tight confined space and “every other option that I could foresee would have resulted in either the accused being hurt more, one of my officers being hurt or a greater risk to one of the other civilians in that location”.
The court has previously heard that O’Donnell’s parents were staying with him and his partner for a family event when they were woken in the early hours of the morning.
O’Donnell’s father Ross claimed he was “rambling” and held a knife to his own chin. He also said he saw him hanging out a three-storey window.
He said his wife called the police as they hoped their son would get “help” and be taken to hospital to get assessed.
The hearing has been adjourned and will continue in January.