Constable James Robert Thompson, Senior Constable Dean George Valesini fight allegations they assaulted 92yo man
Two police officers are fighting allegations they acted with excessive force when arresting a 92-year-old man who suffers from “severe” dementia.
The moment an elderly man was arrested and wrestled to the floor by two police officers has been showed in court, as the pair fight allegations they used excessive force.
Constable James Robert Thompson and Senior Constable Dean George Valesini raced to Ronald Hodge’s Picton home southwest of Sydney on January 21, 2024 on a domestic violence call-out.
The two officers attended Moss Vale Local Court on Wednesday to battle allegations they assaulted Mr Hodge, who was 92 at the time, when they placed him in handcuffs.
Mr Hodge suffered various injuries upon arrest, including bruising, swelling and pain in his right arm as well as carpet burn, bruising and swelling on his forehead after he was placed on the ground, the court was told.
Constable Valesini has been charged with two counts of assault occasioning actual bodily harm, and Constable Thompson has been charged with two counts of assault occasioning actual bodily harm and one count of common assault.
Both have pleaded not guilty to all charges.
The two officers were called out to the home following two triple-0 calls from Mr Hodge’s wife Patricia and arrived about 9pm.
Ms Hodge had made domestic violence allegations to police; however, the court was told that she suffered dementia and Mr Hodge was not charged with any domestic violence offence.
There is no suggestion of wrongdoing on his part.
Bodyworn camera footage from Constable Thomas was played in court on Wednesday afternoon, showing the two officers speaking to Mr Hodge in his lounge room.
The officers tell Mr Hodge to sit down and “stay there”.
Mr Hodge replies: “I don’t know what you’re here for.”
As Mr Hodge appears to get increasingly agitated, he gets up before Constable Thompson pushes Mr Hodge onto the couch.
After he is pushed onto the couch, Mr Hodge tells the officers: “I’ll f***ing hit you too.”
A commotion ensues, and Mr Hodge is placed under arrest, handcuffed and wrestled to the floor with his hands behind his back.
Meanwhile, General practitioner Wendy Rees, who had been treating Mr Hodge, gave evidence in court on Wednesday and said the elderly man had been in cognitive decline for some time and suffered from “severe” dementia.
The court was told that Mr Hodge had trouble recalling events and was often confused.
A statement that Mr Hodge gave some two weeks after the incident also came into question in court, as Dr Rees was asked if she believed he would be able to give an accurate account of the incident given the time lapse.
“I would say he would not be able to recall details of something two weeks before,” she said during evidence.
The court was also told of the difficulty dementia patients often had with reasoning and understanding why events may be happening.
In court on Wednesday, lawyers disputed whether Mr Hodge’s statement to police in February 2024 would be admissible, citing his cognitive decline.
Mr Hodge had given evidence at a hearing in Picton Local Court earlier in the year; however, it ended early due to technical difficulties.
On Wednesday, both parties agreed that Mr Hodge would no longer be called to give evidence due to his mental state.
The parties debated in court the admissibility of Mr Hodge’s written statement given he could not be tested on it in any further examination.
The hearing continues.
Originally published as Constable James Robert Thompson, Senior Constable Dean George Valesini fight allegations they assaulted 92yo man
