Tasmania Police senior constable Nicholas Grubb fights common assault charge during arrest

A Tasmania Police senior constable is fighting allegations he assaulted a man during a high-octane arrest, striking him several times to the head and fracturing his cheekbone. Latest from court.

A Tasmania Police senior constable is fighting a charge of common assault against a man he helped arrest last year.

A Tasmania Police senior constable is fighting allegations that he assaulted a man during a high-octane arrest, striking him several times to the head and fracturing his cheekbone.

Nicholas Richard Grubb, 38, faced the Hobart Magistrates Court on Friday for a contested hearing, having previously pleaded not guilty to common assault after the alleged incident at West Moonah on May 10 last year.

Crown prosecutor Emily Bill said that night, multiple police units had been notified of an apparent “evade police” incident involving a man known to police, Justin Craig Cleaver.

A police officer apparently chased Mr Cleaver on foot in a pursuit through “a number of backyards” before he was apprehended in the yard of a home at the corner of Dorothy Court.

A number of police officers were present when Mr Cleaver was detained and taken to the ground, but allegedly continued “writhing” and resisted police’s attempts to handcuff him by laying on top of his hands.

obart Magistrates Court, Liverpool. Picture: NCA NewsWire / Richard Jupe

In a “struggle” to get to his hands, Ms Bill said three police officers were holding Mr Cleaver down when Snr Const. Grubb’s partner arrived and laid on his legs.

She said Snr Const. then kneed Mr Cleaver to the head and shoulder and struck him to the face, leaving him with injuries to the face, a black eye and a fractured left cheekbone.

“The state’s case is the force used by Const. Grubb was excessive and not for the purposes of self defence,” Ms Bill said.

She said the incident was captured on police body-worn camera footage and she did not anticipate there would by any dispute that Snr Const. Grubb did indeed strike Mr Cleaver.

Ms Bill said the issue would be whether the force was reasonable in the circumstances.

Snr Const. Grubb’s lawyer Justin Zeeman said there were defences available at law, and that these would be argued during the hearing.

Glenorchy constable Alexander Bessell said he was working on the night in question, and was informed “there was a black BMW Golf evading police in the southern district”.

He said he attended the West Moonah address and heard yelling, and saw two police officers take hold of Mr Cleaver’s arms and put him face-down on the ground, “using unarmed tactics”.

Const. Bessell said about six officers were in attendance when Snr Const. Grubb approached the scene.

He said Mr Cleaver continued to refuse to give police his hands, and saw Snr Const. Grubb strike him to the head.

“Mr Cleaver was eventually placed in handcuffs, he was walked down the embankment and placed in the divisional van,” Const. Bessell said.

Const. Bessell’s body-worn footage was played to the court Footage played to the court, in which Mr Cleaver can be heard yelling and moaning, and police yelling: “get on the f…ing ground”, “get your arms behind your back” and “stop resisting, stop f…ing resisting”.

The hearing continues.

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