NSW cop admits punch was never thrown

Ballina cop 'vowed to smash phone', PIC hears

Brooke Boney NITV News 20 February 2013

The third day of the inquiry into the alleged bashing of an Indigenous man on the New South Wales north coast continued, with Corey Barker being questioned.

The third day of the inquiry into the alleged bashing of an Indigenous man on the New South Wales north coast continued, with Corey Barker being questioned.

The lawyers representing the policemen involved in the altercation cross-examined Mr Barker for most of the day.

Brett Eurell, the lawyer for Constable Mewings, questioned Corey Barker about his previous drug use and temper.

Footage was shown to display what Mr Barker is capable of when he gets angry.

Today Corey Barker described the events that took place in the video, saying another young man was trying to steal his girlfriend.

This event, a previous conviction for assaulting a police officer and Mr Barker's use of testosterone in 2010 formed the basis for most of the questions.

Corey Barker was asked whether he thought he started the fight between him and the police in the back room.

Mr Eurell claimed when Mr Corey turned his shoulder, he intended to set upon one of the officers, and that caused the sequence of events that followed.

Constable Mewings' lawyer asked Corey Barker "Do you agree that you started this altercation by turning on Senior Constable Hill?". "No. Not at all," Corey replied.

Brett Eurell also said that at the time of the incident Corey Barker was a violent, drunken and abusive man.

The phone that Corey Barker tried to use to film an alleged police assault on a young woman was also raised.

Corey Barker said he thought the police wanted the mobile because they presumed it contained a video of the incident.

While he was in the lock-up, an officer walked over to him with what appears to be a mobile phone in his hand, he said. "The officer said 'Tell me the f****ing code or I'll f****ing smash it'," he added.

Tomorrow the police officers involved are expected to give evidence.

Man allegedly bashed by NSW police testifies at inquiry

Brooke Boney NITV News 19 February 2013

The New South Wales inquiry into the alleged bashing of a young Indigenous man continued today in the Police Integrity Commission.

Corey Barker from Ballina on the state's north coast took the stand to describe his version of events in January 2011.

CCTV footage from inside Ballina Police Station shows a man on the ground -- Corey Barker. Today he told the inquiry the pain he felt then was the worst in his whole time in custody.

The pictures show him being dragged by his arms down to a cell at the back of the station.

"I knew why they were taking me down to the cells, no one is that dumb. I knew why they were handcuffing me," he told the inquiry.

He said this is what happened after he saw a policeman assaulting a young woman, allegedly picking her by her shoulder and hip and dropping shoulder first onto the ground.

"The scream from Emma was horrible. It needed to be stopped there and friggin then. In my mind I was trying to help someone. I was treated like garbage, where's the fairness in that?," Mr Barker told the inquiry. .

After he was arrested, Mr Barker says he became upset because he couldn't understand why he was being locked up.

The CCTV footage also appeared to show one of the officers asking him for a passcode for his phone while he was in the cell. He told the inquiry the police thought he filmed the alleged assault on his female friend.

During questioning, Mr Barker said it was difficult to remember exactly what happened during the alleged assault because it was so traumatising. But he said he could identify three out of the four officers involved.

Today is only the second day of the inquiry and it's expected to continue for the next two weeks.

Corey Barker's mother and the police involved in the altercation are yet to give evidence.

NSW police accused of bashing 'cover-up'

18 February 2013 SBS (AAP)

An inquiry into the alleged bashing of a young Indigenous man at the hands of the police on the Mid North Coast of New South Wales started today.

Police bashed a young Aboriginal man in custody and lied about their actions after a violent confrontation with him and his friends, an inquiry has heard.

A Police Integrity Commission (PIC) public hearing heard that Corey Barker was arrested in Ballina in northern NSW in 2011 after trying to intervene in an altercation between two of his friends and the police.

Mr Barker, 24, was initially charged with numerous offences, including punching a police officer before charges were eventually dropped.

His arrest was referred to the PIC after CCTV footage from inside Ballina police station conflicted with testimony from officers, who were later found to have lied about the incident.

On Monday, the PIC heard from Emma Crook, who was with her boyfriend outside the shopping village when two officers in a police car approached them.

The inquiry heard on Monday that Mr Barker and four friends were walking to a Ballina pub at around 10.30pm on January 14, 2011, when they heard screaming nearby as two uniformed officers were dealing with a loud argument between couple Emma Crook and Jay Healey.

Even though Ms Crook twice told them she was alright and asked them to go away, the officers kept following, prompting Mr Healey to tell them to "f*** off". Police jumped on him, Ms Crook told the inquiry, pushing Mr Healey to the ground.

As she tried to push Constable Lee Walmsley off Mr Healey, acting sergeant Kelly Haines picked her up and threw her face into a gutter and sprayed her with capsicum spray, Ms Crook said.

Mr Barker and his friend Byron Nolan, also Aboriginal, ran toward the scene but were tackled by two plain-clothed police officers about 10 metres from the incident, Ms Crook said.

The inquiry heard the men were friends of Mr Healey.

Another witness from the group said she watched a male police officer grab Ms Crook by the hair and smash her face onto the street.

The inquiry also heard Ms Crook was being violent and abusive during her arrest and everyone except another woman was intoxicated.

Mr Nolan said he and Mr Barker were face down, each with an officer grinding their faces into the pavement.

"He put his foot on my head and was sort of rolling his foot," he said.

Mr Nolan, who has a darker complexion than Mr Barker, heard an officer say "Let the black one go, let the black one go".

Mr Barker, Ms Crook and Mr Healey were transferred to Ballina police station and charged with various offences. Mr Barker was additionally charged with assaulting police.

During his prosecution in 2011 and 2012, Senior Constables David Hill, Ryan Eckersley, Luke Mewing and Constable Lee Walmsley said the accused assaulted Snr Const Hill at the police station.

They alleged he punched the officer in the face while being transferred from a holding cage to a cell.

CCTV footage, which was originally damaged but was later repaired, conflicted with the officers' evidence, Magistrate David Heilpern concluded during court proceedings last year.

The alleged punch never happened but the officers forced Mr Barker to the ground before one kicked him in the head and another kneed him in the side of his torso, Magistrate Heilpern concluded.

Mr Heilpern said the officers lied and at least two of them knowingly colluded about their evidence.

The charges against Mr Barker were either dropped or dismissed.

The inquiry continues on Tuesday.