An Indigenous kid was rendered unconscious after a leg sweep by a New South Wales police officer, who was later found guilty of assault.
The teenager, who was two weeks away from becoming 17 years old, was knocked to the ground headfirst after Constable Ryan Barlow amputated his legs while making an attempt to make an arrest.
In recordings of the incident, the kid can be heard saying “you don’t have to hurt me” a number of times, including while the 30-year-old was kneeling on top of him as he lay on the ground.
Four officers approached him and a group of people in a park in inner Sydney in June 2022, and he was detained for yelling “I’ll crack you in the f—ing jaw, bro” at Barlow.
The child had “kicked out” at Barlow’s groyne area during the arrest, according to Barlow, who said he felt frightened by him and used the leg sweep as a result.
In Downing Centre Local Court today, Magistrate Rami Attia stated, “I just do not see what (Barlow) says occurred.”
The complainant, a 16 to 17-year-old youth, was standing three to four metres away from the officer and not approaching him.
The magistrate determined that there was no evidence of kicking from the youngster or between the officers in body-worn camera footage from police officers or mobile footage recorded “for safety” by the boy’s companion.
Barlow responded “for threatening an officer” after the youngster repeatedly questioned why he had been detained.
The boy said, “I didn’t threaten you, I didn’t think you’d care, I didn’t physically hurt you, did I hurt you?,” when he was being arrested.
We all heard you say you’d crack me across the face, mate, so it’s a threat, according to Barlow.
After the arrest, the officer did not mention any kicking in a police statement.
The main justification for the leg sweep, the kick or attempted kick, wasn’t discussed until the second of July, according to Attia.
In addition, Barlow provided proof that he had felt threatened as a result of a rumour he had heard about a previous incident involving the youngster.
He allegedly brandished a plastic pistol in reaction to policemen drawing their firearms while attempting to steal a can of Coke, according to the police.
“The plastic toy gun had a light…” I find it hard to believe the episode had any real impact on (Barlow’s) thinking, Attia added.
Both simple assault and simple assault causing actual bodily harm were judged to be committed by Barlow.
According to police testimony, the “leg sweep” tactic was an option available to policemen but was not formally taught to them.
The magistrate noted that he had the advantage of viewing films after the fact, but concluded that the risk the youngster posed to police was “not proportionate” to justify using the tactic.
That is not how police officers actually work and function, he said.
“Decisions must be made in very little time and in a split second.”
Officers noticed the gathering of kids assembled in the park while they were looking into an unrelated case in a neighbouring housing commission.
Before the altercation, the boys raised their hoods and started to leave the officers.
