Court hearing for Senior Constable Jay Maleckas accused of assault at Castle Hill

A senior cop allegedly punched an ‘aggressive’ man nine times, leaving him with a bloody head as a hysterical child watched in horror at northwest Sydney, a court has heard.

Senior constable Jay Maleckas allegedly struck Steve McIvor’s head nine times after he became agitated when police failed to respond to his complaints about jaywalking teens threatening violence against him at Castle Hill metro station, a court has heard.

Sen Constable Maleckas faced Parramatta Local Court on Wednesday for a hearing after he was accused of assaulting Mr McIvor on September 5, 2020, before 4.30pm.

The court heard how Mr McIvor allegedly threatened to “kill the kids’’ after he confronted them about jaywalking after he left the Hillside Tavern where he watched the football, ate lunch and had “two or three schooners”.

Mr McIvor denied being drunk when he saw “10 or 20” eshays in a group jaywalking in front of cars outside the metro station and confronted one of them about it.

“They were starting to do the finger and telling the cars off,’’ Mr McIvor told the court.

“I told them they needed to learn a bit of respect.

“I’m just a stickler for a bit of respect.’’

The court heard one of the teens told his mates, who then started threatening Mr McIvor.

“They were threatening me with violence,’’ he said.

“It wasn’t until we entered the metro station that they started going off.’’

He called Castle Hill police station six times when the kids became “uncontrollable” and he became “scared”.

Defence barrister Todd Pickering told the court Mr McIvor “threatened to kill the youth and displayed an exceptional degree of hostility and aggression during these phone calls” to police.

When police did not respond, the court heard Mr McIvor became frustrated and started walking towards the police station to make a report and complaint about the police response.

“I was a bit agitated because the police were saying there was nothing they could do about these kids,’’ Mr McIvor said.

Footage from Mr McIvor’s phone and police body worn cameras played in court showed him shouting as he made his way from the metro station to the police station.

Steven McIvor gave evidence at court on Wednesday.

Senior Constable Jay Maleckas outside Parramatta Local Court.

When she took to the stand, Constable Lilly-Ann Keating told the court Mr McIvor yelled out “you pigs you don’t do your job” while they were in the police car outside Castle Towers shopping centre.

When she got out of the car with Sen Constable Maleckas and Probationary Constable Sanjeet Senchury B K, Mr McIvor was yelling about the “kids on the f---ing way to Rouse Hill” he saw at the train station.

“I’ve got a problem with the eshays that just threatened me,’’ he told the police.

“I don’t like police at the best of times.

“We just got threatened by about 50 little kids and then we rang up to report it and then I got threatened on the platform. Then we call the police and your sergeant was laughing at me.’’

The conversation was recorded on his mobile phone and when asked if he was under arrest, Constable Senchury B K, who is no longer a policeman, said no immediately before Sen Constable Maleckas introduced himself to Mr McIvor and placed him under arrest for breaching the peace.

Footage showed Sen Constable Maleckas grabbing Mr McIvor’s mobile phone, pulling Mr McIvor to the ground and striking his head repetitively while the child began crying.

“Don’t be a f***wit,’’ Mr McIvor was recorded saying to Sen Constable Maleckas as he was pinned to the ground.

“F*** off out of my face. I’ll do whatever you want, sir.’’

The court heard how Sen Constable Maleckas punched him after Mr McIvor bit his leg. He also sprayed capsicum spray in his left eye.

“Don’t you bite me don’t you bite me you c***,’’ Sen-Constable Maleckas allegedly told Mr McIvor.

Asked by his DPP solicitor Andrew Charleston how he felt, Mr McIvor replied “death”.

“I believe it was a kill-or-be-killed mentality,’’ he said, referring to him biting the policeman.

“I believe I was nearly ready to die because I didn’t know what was about to happen with the pain and agony I was in.’’

As a handcuffed Mr McIvor was entering the paddy wagon, he asked the cops to wash his face with water and continued yelling inside the vehicle.

“Sir you f***ing … I can’t breathe right now.

“I need a hospital. F*** this s*** mate. I can’t see.

“I can’t breathe. I can’t do s***. Pretty please. I don’t know what to say. Seriously officer, officer, seriously. I can’t breathe. You don’t understand.’’

Mr McIvor was charged with assaulting police and resisting arrest but they were dropped and the matter did not go before the courts.

He suffered head injuries and soreness to the elbows and legs.

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

Mr Pickering questioned why Mr McIvor was confronting “a bunch of school kids”, who he was recorded as describing as 10 year olds. In court during cross examination, he told the court he got that wrong and they were 15.

“I thought they would just pull their heads in and go ‘sorry’ like normal kids would,’’ Mr McIvor said after confronting them about the jaywalking.

“I was trying to get a bit of respect out of them.’’

Mr Pickering asked the complainant: “Is it a case you were so worked up you threatened to kill them?”

He also asked Mr McIvor if he told police: “You better get here quick because I’m going to kill them all.’’

Mr McIvor denied both claims.

He told the court that the group could have baited him to go to the platform but he told the court he could not recall why.

“They were spitting at me. They were threatening violence.’’

Mr Pickering said: “You wanted to fight. Do you have no ability to control yourself?’’

The court heard how Mr McIvor diagnosed himself with autism and attention deficit hyperactivity disorder.

He told the court he grew up in the country and recorded his encounter with police because he doubted a lot of them “were in it for the right reasons”.

Mr McIvor said the group provoked him and he felt intimidated by Sen Constable Maleckas before the arrest.

He was sprayed with capscium spray and said after that point details were vague.

The court was told how Mr McIvor was convicted of resisting police at Newcastle in 2001 but it was because of a mistake with the court issuing him an incorrect court day.

At times throughout the hearing, Mr McIvor became emotional and the magistrate paused proceedings to allow him to drink water.

Constable Keating said she would not have placed Mr McIvor under arrest for breaching the peace.

The hearing continues.