Brett Lindsay: NSW South Coast police officer accused of mall assault fronts court

A NSW Police officer accused of assaulting multiple women at a shopping mall was using “tactical options”, his defence claimed in court after it was revealed his hearing would be delayed.

The assault occurred at the Batemans Bay Bridge Plaza shopping mall.

A NSW Police officer accused of assaulting multiple women at a Batemans Bay shopping mall was using “tactical options”, his defence claimed in court after it was revealed his “obscenely long” hearing would be delayed.

Senior constable Brett Lindsay’s six counts of common assault were mentioned in Batemans Bay Local Court on Monday, where it was heard his upcoming hearing could run for as long as one week.

The 37-year-old previously pleaded not guilty to all six counts, after Lindsay allegedly assaulted four women at the Batemans Bay Bridge Plaza on October 31, 2023.

The court previously heard the complainants – which include two then-17-year-olds – allege Lindsay used excessive force in a bid to halt an altercation he was responding to outside a Woolworths supermarket.

The two girls allegedly assaulted in the altercation were arrested following the “serious” event, but were released the same day.

Brett Lindsay’s case was mentioned in the Batemans Bay Local Court on Monday.

NSW Police confirmed none of the women allegedly involved had been charged.

Lindsay was arrested following investigations and charged. He is currently suspended with pay.

On Monday, a hearing date was due to be set by Magistrate Vivian Swain, however, DPP representative Rebecca Noonan said a “conflict of interest” was delaying the case from moving forward.

Ms Noonan said on Monday that Magistrate Doug Dick – Batemans Bay Court’s usual magistrate – had previously sentenced the complainants and witnesses involved in Lindsay’s case for an unrelated offence.

She said Mr Dick would not be able to preside over the case as a result.

The DPP representative also said the local court hearing was estimated to last a staggering five to seven days, due to the “seriousness” of the allegations and the number of witnesses.

Lindsay’s lawyer, David Kennedy, disagreed.

“That seems like an obscenely long time for a hearing,” he said.

“I don’t imagine the witness evidence is going to be very compelling.”

Instead, Mr Kennedy suggested the hearing should only take a matter of hours, saying his client relied on the defence of using “tactical options” when dealing with the shopping mall altercation.

Ms Swain ultimately adjourned the case to February 17 for a hearing date to be set.

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