Ballarat Senior Constable Grant Egan escapes conviction over unlawful assault during arrest
A Ballarat police officer “lost control of his emotions” while making an arrest, ripping the helmet off a motorcyclist and punching him repeatedly.
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A Ballarat police officer who punched and kicked a handcuffed man during an arrest has escaped conviction.
Senior Constable Grant Egan, 36, on Monday faced Ballarat Magistrates Court over a charge of unlawful assault.
He was placed on a 12 month diversion after the court heard he had been seeking psychological help for PTSD related to incidents he’d experienced while on the job.
Sen-Constable Egan’s lawyer Katherine Rolfe said her client had been a victim of crime prior to the incident.
“There were four incidents prior to the assault where Mr Egan sought assistance as a victim of crime,” Ms Rolfe said.
“He did let his emotions get the better of him, but these things don’t occur in a vacuum.”
In November last year, a court heard Sen-Constable Egan was involved in a Delacombe police operation, where a man was assaulted during arrest.
The court heard Sen-Constable Egan was assisting in an April 2022 operation when he spotted a person of interest on a motorbike.
Sen-Constable Egan followed the man in an unmarked police car until they collided on a medium strip.
The court heard four other police officers restrained the man, before Sen-Constable Egan “ripped the helmet from the man’s head” and began punching and kicking him to the head and upper body.
The assault continued until another police officer stepped in.
In court on Monday, Sen-Constable Egan’s lawyer Katherine Rolfe said her client had been a serving police officer since 2012 and had no priors or subsequent offending.
Ms Rolfe said diversion was the best outcome, due to the lack of injuries sustained by the complainant, the brief duration of the assault, and the low likelihood of reoffending.
The court on Monday heard that Sen-Constable Egan had been suspended following the incident.
He was yet to face internal discipline from Victoria Police.
More than 20 witnesses, including a teenager, would be called if the matter was to continue to a hearing.
Magistrate Michelle Mykytowycz sentenced Sen-Constable Egan to a 12 month diversion, ordered him to write an “unreserved apology” to the complainant, pay $1000 to the court fund and complete a men’s anger management course.
He will also be required to provide evidence of ongoing psychological treatment over the next 12 months.