Fairfield: John Muir charged with assaulting police officer after found unconscious inside a train

A former landscaper who was found unconscious on a train is accused of grabbing a cop’s testicles and calling him a “f***en scumbag pig” after he allegedly attempted to escape police.

John Muir has been charged with assaulting a police officer and resisting a police officer in the execution of duty. Picture: Gaye Gerard

A former landscaper who was found unconscious on a train is accused of grabbing a sergeant’s testicles and calling him a “f***en scumbag pig” after he allegedly attempted to escape police by throwing bottles over a fence in a boozy outburst.

John Muir, 32, appeared via audio visual link at Fairfield Local Court on Monday and pleaded not guilty to assaulting a police officer and resisting a police officer in the execution of duty after he was found passed out in the second carriage of a train at Fairfield on March 17.

Magistrate Stuart Devine said according to police facts, NSW ambulance were called after efforts to jostle Muir awake by police were unsuccessful.

“He (Muir) was seen making threats to bash someone and attempted to get away from police by throwing two bottles over a fence and tried to jump over the fence,” he said.

John Muir has been charged with assaulting a police officer and resisting a police officer in the execution of duty. Picture: Gaye Gerard

Mr Devine said an officer stopped Muir before he tensed up and pushed the officer in the chest and said “don’t f**k with me you scum”.

“The officer used approved police force tactics to take him (Muir) down but he continued to resist and struggle,” Mr Devine said.

Muir allegedly made threats to assault officers at the scene and at Fairfield police station after he was arrested and placed into custody.

Mr Devine said a sergeant searched Muir at the station where he “grabbed the sergeant’s testicles and squeezed them hard causing immediate pain”.

“Muir said “you f***king like that don’t you, you f***en scumbag pig”,” Mr Devine read from the police facts.

Muir was found unconscious inside a train carriage in Fairfield on March 17. Picture: David Swift

When questioned by police why he was unconscious on the train he allegedly replied: “I was drunk because I drink too much … and I was trying to fight you”.

Muir’s lawyer Danielle Epifana, said she observed her client had “large bruises and blood on him” following the incident.

“He believes the force used on him was excessive and wants to review CCTV footage,” she said.

Ms Epifana said while Muir’s “record does not assist him today”, she argued strict bail conditions including not travelling on public transport and reporting daily to police would mitigate any community concerns.

The police prosecutor opposed the 32-year-old’s application for bail and said he presented a serious risk of committing further offences as he was on bail at the time of the offence for unrelated matters.

Magistrate Stuart Devine said the prosecution had a “strong case” and denied Muir bail.

“He does present an unacceptable risk of committing further offences and endangering the community,” he said.

The matter will return to Fairfield Local Court on May 1.