Victim’s genitalia ‘deliberately’ sprayed by police, court hears

Two police officers “deliberately” sprayed a mentally ill woman in the genitalia after being “frustrated” that they were defecated on, a court has heard.

A mentally ill woman had a graze on her back pepper-sprayed like “graffiti on a wall” by police with the aim of inflicting “gratuitous pain”, a court has heard.

Former senior constables Timothy Trautsch and Nathan Black faced Penrith District Court on Wednesday after pleading guilty to a series of assault charges over a “welfare check” involving a 49-year-old woman in January 2023.

The woman, who news.com.au has chosen not to name, was in a “state of psychosis” when she had her genitalia pepper-sprayed and received multiple kicks to the head after she ran away from the officers naked through the streets of Emu Plains in Sydney’s west.

The interaction was caught on bodyworn footage and CCTV.

Ahead of their sentencing, crown prosecutor Nicholas Marney argued the men needed to be jailed for their actions, saying they had “a complete disregard” for the woman’s “wellbeing and welfare as a human being”.

Mr Marney pointed out that during the interaction, the victim was dragged across the ground by her hair causing a graze to her back. The graze was then pepper-sprayed by one of the officers.

Former senior constables Timothy Trautsch and Nathan Black faced Penrith District Court on Wednesday after pleading guilty to a series of assault charges over a “welfare check” involving a 49-year-old woman in January 2023.

Judge Graham Turnbull SC told the court it looked like the officer was a “graffiti artist spraying something on a wall”.

“It struck me, the particular aspect of the spray to the graze on the back,” Judge Turnbull said.

“I struggle to understand what possible reason there could be for that other than an intention to inflict gratuitous pain.”

The court also heard how the two officers charged the woman with two counts of assault after the interaction.

The charges were withdrawn after nurses and paramedics reported their concern over the nature of the woman’s injuries.

Rewatching the CCTV on Wednesday, Judge Turnbull said he believed that the victim’s genitalia were “deliberately” sprayed.

“I see things with my own eyes. The video has the potential to speak for itself. It’s hard to watch,” Judge Turnbull said.

Mr Marney told the court a “clear statement” needed to be made to the community as to not undermine their trust in police.

“They resorted to violence when there were other options. This wasn’t two officers who snapped, this is two offenders that couldn’t be bothered to do the right thing,” Mr Marney said.

“[The victim] deserved to be treated respectfully and compassionately … or at the very least, lawfully.”

Mr Marney also told the court Black appeared to be ‘bizarrely proud of what he had done’ after sending a 17-second bodyworn footage of the interaction to a colleague.

Mr Marney also told the court Black appeared to be “bizarrely proud of what he had done” after sending a 17-second bodyworn footage of the interaction to a colleague.

“Both OC cans emptied on her. Was f**ked,” he wrote.

“She was f**ked the whole body worn is so good shows her being f**ked. Nurses are lodging a complaint [senior officer] is investigating because we caved her, but she had a hold of the cuffs and we had no other options.”

Judge Turnbull said it appeared Black’s motivation in sending the message was “emotional satisfaction” and “gloating”.

The victim has since died from unrelated causes.

The men’s lawyer argued the former officers were acting in self defence as the victim posed a threat and was “kicking out” at them.

Speaking about Black, his lawyer labelled his client a “frustrated offender” who had been “pooped on”.

“He hasn’t dealt with the situation well but he is not here to inflict cruelty,” he said.

“They are hyper focused on getting her into this ambulance.”

The case continues on Wednesday.