Video: Frank Baxter guard punches juvenile detainee
WARNING: graphic content. A Juvenile Justice guard said he was acting in self defence — the police said it was assault. Now you can decide after a court released the crucial evidence.
Central Coast
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It is the shocking footage authorities did not want you to see.
But now for the first time the Express Advocate can show the moment a Juvenile Justice guard lost control and unleashes a flurry of punches to a 17-year-old detainee.
Peter Charles Buckworth was convicted in July of assault occasioning actual bodily harm after a magistrate found his response could not be considered self defence because the “number of blows was excessive”.
A back-up charge of common assault was withdrawn and dismissed.
Buckworth, 55, of Tumbi Umbi, appealed his conviction, which was rejected in Gosford District Court last month.
Acting Judge Jonathan Williams said various evidence was tendered including the “most important document being a CCTV disc which very clearly shows the incident as it happened”.
In the footage Buckworth is seen arriving for a shift about 9.30pm on November 10 last year.
Meanwhile a young juvenile detainee is upset after his room was “tossed” earlier in the day and is refusing to go into his room.
Another guard, who the court heard was fairly junior and inexperienced, is trying to convince him to go inside
Other guards walk past and one gives a thumb’s up to confirm the young guard has the situation under control.
After walking past, Buckworth goes inside but returns with another guard and after a brief exchange the detainee stands up from the garden bed he was sitting on and Buckworth unleashes with a flurry of punches.
They spill over the garden bed before other guards intervene.
Buckworth’s barrister Stephen Russell told the court two days before the incident the detainee told a psychiatric nurse he wanted to kill a Juvenile Justice worker but the only thing stopping him was getting access to a “shiv” or other suitable weapon.
Mr Russell said Buckworth was on high alert and acted in self defence.
Acting Judge Williams said there was no evidence in the footage that the victim raised his hands towards Buckworth in any way or that there was any “immediate provocation”.
His Honour said even if Buckworth had the threat the detainee made in the back of his mind there was nothing about the victim’s actions to justify fear, given there were other guards around and he was in a secure environment.
“In my view it was not a reasonable response in the circumstances,” Acting Judge Williams said.
Acting Judge Williams upheld the conviction and the sentence of a two-year community corrections order with a $500 fine. However he waived 200 hours of community service Buckworth was also sentenced to in the Local Court.