Timothy Trautsch, Nathan Black to be sentenced for assault on mentally ill woman at Emu Plains

A court has heard how one of two disgraced former police officers, who assaulted a mentally-ill woman during a welfare check, previously stood by the horrific conduct.

The former police officers have been charged with common assault.

A court has heard how one of two disgraced former police officers, who assaulted a mentally-ill woman during a welfare check, had a change of heart after previously standing by his actions.

Nathan Black, 28, and Timothy Trautsch, 30, returned to Penrith District Court for the second time this week on Wednesday, where their sentence hearing into a series of charges relating to the assault of a mentally-ill woman during a welfare check in 2023 continued.

Both men have previously pleaded guilty to common assault, using a prohibited weapon without a permit and assault occasioning bodily harm in company.

Black also pleaded guilty to two counts of intentionally publishing protected information.

The two former Nepean Police Officers, who were conducting plain clothed patrols at the time, were called to a welfare check on a 48-year-old mentally-ill woman who was spotted bathing in puddles in Emu Plains.

Timothy Trautsch walking out of Penrith courthouse after pleading guilty to the assault. Picture: Thomas Lisson

An altercation occurred and the officers sprayed her with capsicum spray – including at her genitalia and on her grazed back which she had scraped on the ground during a scuffle.

The woman had recently been released from prison and into the community, despite her obvious mental health issues.

Nathan Black covers up as he leaves Penrith courthouse. Picture: Thomas Lisson

Videos of the incident, including body worn footage and CCTV, has previously been played to the court which heard Black dragged the woman by her hair and both offenders kicked her in the head and body several times when she was not a threat.

The two officers were surrounded by supporters in court as they sat with blank faces in the dock while their lawyer Paul James shared submissions regarding his client’s offending.

This included whether or not Trautsch and Black were genuinely sorry for their actions, to which Mr Paul tendered a letter of apology from Trautsch.

Mr James said Trautsch expressed remorse in the letter for the impact his actions had on the victim and the second hand stress he caused.

But Judge Graham Turnbull pointed out this was in stark contrast to an earlier report on Trautsch who previously stated his actions were wrong, but stood by them.

“I feel like I did my job, I didn’t go there to hurt anyone,” Mr Turnbull quoted from the report.

“It’s what we were taught to do in that situation.”

The letter also made reference to Trautsch having undiagnosed PTSD, which he claimed to have sought help for.

Judge Turnbull said he could not make a formal finding on this due to a lack of evidence.

Similarly, documents tendered on behalf of Black also made reference to mental health issues, though Black stated these issues were not an excuse for his behaviour.

Judge Turnbull said both Trautsch and Black were described as people “of good character” who were not likely to reoffend while in the community.

The duo will return to court on Friday, July 25, and will be sentenced at a later date.