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Hearing continues for Senior Constable Jay Maleckas accused of assault on Steven McIvor

A distressed child asked a cop not to kill a man after a confronting arrest in northwest Sydney, footage played before a court has shown.

Australia's Court System

Footage of a child pleading with senior cop Jay Maleckas not to kill a man during an arrest at Castle Hill has been played before Parramatta Local Court on Thursday.

The body-worn footage from outside Castle Towers shopping centre on Saturday September 5, 2020, shows Sen Constable Maleckas allegedly punching Mr McIvor in the head nine times, causing him to bleed.

The court heard Mr McIvor, then 44, became aggressive and frustrated when police failed to respond to several phone calls to defuse a problem with youths at Castle Hill metro station before 4.30pm.

Mr McIvor recorded a conversation on his mobile phone asking police if he was under arrest. A junior constable replied no, but Senior Constable Maleckas immediately placed him under arrest for breaching the peace.

Body-worn footage showed Sen Constable Maleckas aiming to calm the child: “Come here, it’s all right,’’ he said.

The child screamed as the man was detained by two constables.

Senior Constable Jay Maleckas.
Senior Constable Jay Maleckas.
Steven McIvor.
Steven McIvor.

Sen Constable Maleckas said: “I’m not going to kill him.’’

The boy said: “You’ve got a gun.’’ Sen-Constable Maleckas replied: “I’m not going to shoot him.’’

Sen Constable Maleckas then instructed Lilly-Ann Keating and Sanjeet Senchury B K, to put Mr McIvor at the back of the paddy wagon.

The body-worn footage then recorded Sen Constable Maleckas telling the two officers how McIvor “was chomping at my leg”.

“He was just biting and biting and biting.’’

The court heard on Wednesday how Mr McIvor allegedly threatened to kill a group of kids at Castle Hill metro station on the Saturday afternoon after he confronted them about jaywalking.

Mr McIvor denied being drunk from his time at the Hillside Tavern after he had “two or three schooners” and saw “10 or 20” eshays in a group who he alleged were threatening him with violence.

He called Castle Hill police six times but headed towards the police station when they did not respond to the request to attend the metro platform.

Mr McIvor was charged with assaulting police and resisting arrest but they were withdrawn.

Sen Constable Maleckas was charged with assault occasioning actual bodily harm and common assault. He has pleaded not guilty to the charges.

The hearing continues on Friday when Sen Constable Maleckas is due to give evidence.

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Original URL: https://www.dailytelegraph.com.au/newslocal/hills-shire-times/hearing-continues-for-senior-constable-jay-maleckas-accused-of-assault-on-steven-mcivor/news-story/07b7ddccf63abfa519eabbae26ea4b1d