Castle Hill: Senior Constable Jay Robert Maleckas found guilty of assault on Steven McIvor
A senior cop has been ordered to take anger management classes after punching a man in front of a child, an action that a magistrate said undermined the public’s trust in police.
Hills Shire
Don't miss out on the headlines from Hills Shire. Followed categories will be added to My News.
Senior Constable Jay Maleckas’ 21-year career with NSW Police is “inevitably” over after he was found guilty of assaulting Steven McIvor at Castle Hill in 2020 following the man’s complaint about a group of children at the train station.
However, Maleckas has immediately lodged a conviction appeal after being sentenced at Parramatta Local Court on Friday following his not guilty pleas to assault occasioning actual bodily harm and two counts of common assault from the incident on September 5, 2020.
He was initially charged with one less count of common assault.
Maleckas has not worked in the force since he was charged after the assault that caused Mr McIvor’s head to bleed and be targeted with capsicum spray twice while a child watched on in horror.
During hearings, the court heard how McIvor approached a group of children about jay walking and being rude to drivers after he had lunch with “two or three schooners” at the Hillside Tavern.
Mr McIvor called Castle Hill police after he told them he was threatened with violence on the metro station platform by “about 50 little kids”.
But when he was frustrated that cops did not respond, he walked to the police station to report the incident and complain about their response.
In May, Constable Lilly-Ann Keating told the court that he yelled at police “you pigs don’t do your job” before she got out of the car with Maleckas and Probationary Constable Sanjeet Senchury BK outside Castle Towers shopping centre.
Mr McIvor filmed his encounter with police at Castle St on his mobile phone when he told Maleckas and his two colleagues: “I’ve got a problem with the eshays that just threatened me” and “I don’t like police at the best of times’’.
The court heard that the situation would escalate and that Mr McIvor could have harmed the children he was complaining about at the metro station, Maleckas grabbed Mr McIvor by the shirt, pulled him to the ground and punched him nine times.
The footage played to court during the hearings recorded Maleckas yelling at Mr McIvor: “Don’t you bite me don’t you bite me you c---.’’
Sen Constable Maleckas conceded he should have communicated better but did not regret striking the victim.
“I wasn’t out of control, I decided to punch him,’’ Sen Constable Maleckas said.
“I punched him until he stopped biting me.’’
Mr McIvor suffered bleeding to his head and soreness to his legs and elbows. He was initially charged with assaulting police and resisting arrest but the charges were withdrawn.
Body-worn footage played to the court showed the distressed boy begging for Maleckas not to kill Mr McIvor.
But on Friday, Magistrate Mark Whelan found Maleckas guilty of the “ferocious” incident.
Magistrate Whelan named the presence of a child as an aggravating factor and told the court that police had a special role in the justice system, “even for members of the public who may be difficult at times”.
The incident “undermined police and that in turn undermines the faith in the whole justice system”.
He dismissed the prosecution’s submission that the cop was “gratuitously cruel” but said Maleckas was “out of control’’ and subjected Mr McIvor to an unprovoked attack.
“He was clearly emotional in reviewing the videos in the witness box,’’ Magistrate Whelan said.
“I accept that he has suffered very significant physical injuries on the day and also emotional/psychological difficulties since.’’
He took into account Maleckas’ long service to the police force, clean record, his unlikelihood to reoffend and how the incident would “inevitably” lead to the end of his police career.
Magistrate Whelan convicted Maleckas and sentenced him to an 18-month community corrections order under supervision.
He must also undertake anger management programs if Community Corrections deems it suitable.
Outside court, Maleckas said he had lodged an appeal and the matter would go to the district court in October.
Mr McIvor welcomed the sentence.
“I think it’s a good outcome,’’ he said.
He said a civil claim against NSW Police was also being lodged.
MORE NEWS
More Coverage
Suburbs where homes are selling for huge discounts
Homeowners in some suburbs have been slashing up to $105,000 off their prices to bait buyers ahead of expected rate cuts.
Catholic school’s expansion plan amid growing student numbers
A northwest Sydney Catholic school’s expansion plan has been revealed amid growing student numbers. Here are the plans.