Townsville police officer Alexander Oliver Rossi found not guilty of assaulting juvenile car-thief

It was alleged an NQ constable punched a child multiple times during an arrest with the man’s lawyer arguing the assault was “justified” due to the teen’s behaviour in the lead up.

Generic photo, Townsville Court House. Picture: Shae Beplate.

A police officer was found not guilty of unlawfully assaulting a juvenile that he punched multiple times in the head and body while in the back of a police van, with the man’s lawyer successfully arguing his actions had been “justified” considering the teen’s violent behaviour before hand.

Alexander Oliver Rossi pleaded not guilty to one charge of common assault at the beginning of the Hearing that was held in Townsville Magistrates Court on Monday morning.

While it was not disputed that there was an actual assault by Mr Rossi, it was the question of whether it was unlawful and unjust for Magistrate Cathy McLennan to decide which she ultimately found it had not been and discharged the man of the offence.

It had been alleged that Mr Rossi punched a 15-year-old five times in the head and body while in the back of a police car after he arrested the teen for driving a stolen vehicle, police prosecutor Tasman Murphy said.

Footage was played to the court from inside the van, where the teen was seen kicking the back of the police van repeatedly on December 19, 2022, then spitting in the direction of a Senior Constable involved in the arrest.

The teen then kicked the van door again with it hitting Mr Rossi who stood outside the door and he jumped into the back and threw five close- hand punches at the juvenile and the Senior Constable then leaned into the van and used capsicum spray to the child’s face.

Defence lawyer Claire Grant argued that the assault was an authorised response by her client as he had an “immediate” reaction to being hit with the van door, and that there was “no excessive” force used given the behaviour of the juvenile.

During the Hearing a pre-recorded interview with the juvenile was played where he admitted to “hating” the police and having an extensive criminal history of assaulting police and other detention centre workers.

When asked if he had punched back at the officer, he said he couldn’t as his hands were cuffed behind his back – however, it could be seen in the footage that the juvenile had walked through his arms so his hands were at the front of his body.

A Sergeant was called upon as an expert witness and said he believed the decision for the officers to get in the back of the van was “not tactically sound” due to it being a confined space, and said the punches delivered by Mr Rossi were not of “minimal force” that could be used.

However when asked by Ms Grant if he agreed that once the juvenile had moved his arms to the front of his body, that he posed a greater risk to the arresting officers, the Sergeant agreed.

Alexander Oliver Rossi was found not guilty of unlawfully assaulting a juvenile during an arrest in Townsville.

Mr Rossi did not call upon his own witnesses during the Hearing.

In closing submissions, the man’s lawyer Ms Grant reiterated that the officer’s actions were “lawful, authorised and justified” due to what happened in the lead up to the assault.

“(The juvenile) repeatedly and violently kicked the back of the police van, on my count more than 10 times,” she said.

Ms Grant also said it was the Senior Constable who made the decision to pull the vehicle over and get in the back of the van to begin with, and constable Rossi’s actions followed and asked Her Honour to consider the assault in the way the expert labelled.

“They were a flurry of non-targeted close hand strikes,” she said.

“Those five blows were not sufficient force to result in injury, not even bruises.”

The prosecutor, Mr Murphy said it was “clearly” not the minimal amount of force that could have been used in that situation and that the defendant had “several options” to defend himself against the child.

“He’s a handcuffed juvenile in a confined space, he was 15 at the time,” he said.

“The reality is he’s a fully trained police officer who could’ve continued his efforts by closing the door.

“It wasn’t one punch, it wasn’t two, it was five.”

The Hearing was held before Magistrate Cathy McLennan who said she believed the senior officer who was with Mr Rossi at the time had the opportunity to “de-escalate” the situation on multiple occasions.

“Patience is a very important element of policing which is what the senior officer did not have,” she said.

“A better senior officer would’ve done everything opposite to this one.”

She also raised concerns with evidence that was provided during the Hearing.

“All I have is two children and the expert witness who was not present and merely gives evidence about police procedures and I have a partial video,” she said.

Ultimately Her Honour said she could not have been certain that the video footage was authenticate as it had only been a portion of what was filmed, there was no date on the video and the expert witness could not identify where he got the video from.

“I cannot be satisfied without reasonable doubt given the lack of authentication of the video,” she said and found Mr Rossi not guilty.

Ms Grant said she would be making an application to seek costs given the length of the court proceedings for Mr Rossi, which was adjourned to March 3.

Originally published as Townsville police officer Alexander Oliver Rossi found not guilty of assaulting juvenile car-thief