How did a cop avoid jail for this? Shocking video of roadside arrest
The footage is almost too confronting to watch, yet a magistrate allowed a NSW Police officer who brutally slammed an offender’s head into the gutter three times to walk free.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
The footage is almost too confronting to watch, yet a magistrate allowed a NSW Police officer who brutally slammed an offender’s head into the gutter three times to walk free.
Constable James Potloka, 28, will serve a two year community corrections order, and pay a fine of $4950, as punishment for a chilling assault which played out in front of horrified witnesses in western Sydney, last year.
Potloka and three colleagues were in the process of arresting a driver who had led them on a lengthy and dangerous pursuit through Mount Druitt, on February 24, when he dropped his knee into the offender’s back, then grabbed his head.
Shocking vision of the assault was circulated on social media hours after the incident. It shows Potloka roll the offender onto his side to finish handcuffing him, then repeatedly slam the man’s head into the concrete kerb.
A female witness who is watching from her car stopped in traffic caused by the arrest playing out in the middle of busy Luxford Road screams out “Don’t slam his head into the f**ken cement”, while her son filmed the assault.
In an agreed set of facts tendered to Blacktown Local Court, another witness who was in the front yard of his home, described the force used by Potloka when he grabbed the offender’s head as “medium to aggressive”.
“Wasn’t crazy, but wasn’t soft,” the witness told police.
The offender, who was later convicted of driving while disqualified and engaging in a police pursuit, suffered cuts and bruising to his forehead, a bleeding mouth and two displaced teeth.
Defence barrister Tim Lowe told the court Potloka, who pleaded guilty to assault occasioning actual bodily harm, was suffering from pre-existing post traumatic stress disorder and symptoms of anxiety which led to his “poor judgement” during the arrest.
“My client accepts the force used was excessive and disproportionate,” Mr Lowe said.
Magistrate Rachel Wong accepted Mr Lowe’s submission that Potloka’s pre-existing mental health conditions contributed to his capacity to appropriately regulate his emotions and behaviour when the arrest played out, but said his actions were excessive.
“This is a serious example of assault occasioning actual bodily harm...particularly having regard to the defendant’s role as a police officer,” Ms Wong said while sentencing the officer on Thursday.
However, Ms Wong relied heavily upon two psychological reports which stated Potloka was suffering from various mental conditions at the time of offending, when she allowed him to avoid jail time.
Potloka was ordered to keep seeking medical treatment, along with the CCO and fine.
He is currently suspended from his job with full pay, however a NSW Police spokesman said that will be reviewed due to the court outcome.
Luxury car hirer to fight driving charges after Instagram probe
A Sydney man whose side hustle is renting luxury cars has faced court for the first time after police allegedly uncovered multiple clips of him allegedly hooning while disqualified.
Read more
‘We will kill them’: Wild pursuit pair sentenced after chilling threats
An erratic couple who took cops on a high-speed pursuit through Lismore in a SUV with fake plates said in custody they will “get out” and “when they come to get us, we will kill them”.
Read more