Bashed at Mardi Gras: Policeassault claims

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Note: This story was updated with video footage at 10pm on 5 March. Our follow-up story looks at reactions to the footage – read it here.


Information about two incidents of alleged police brutality have emerged from Oxford Street on Saturday night, a short time after this year’s Sydney Mardi Gras Parade ended.

Leading gay activist Bryn Hutchinson has alleged that he was kicked and stomped on after he attempted to cross the road. A number of witnesses have backed up his story, while Sydney MP Alex Greenwich says he is aware of the alleged police assault and will be following it up.

An extra 1,000 police were stationed in the CBD for the night’s festivities, with many of the officers called from outer suburban and regional commands.

Same Same has also been contacted by witnesses to another alleged police assault in the same vicinity on the night, with claims that a young Mardi Gras attendee was punched and left bleeding after his head was smashed against concrete after he had already been handcuffed by police officers.

A witness at the scene with her two teenaged sisters says the violent actions of the officers involved left her younger siblings seriously traumatised.

“They were crying while the police bashed the boy’s head into the cement,” she said. “It was horrible, disgusting behaviour.”

Another witness adds: “They picked him up by the throat and slammed him into the ground with his head hitting the ground that hard it sounded like a bowling ball hitting the ground,” she said. “This was while he was in handcuffs.”

WARNING: This video contains graphic images of physical violence. Viewer discretion is advised.


Meanwhile, Bryn Hutchinson (pictured below), who until last month was co-convener for Community Action Against Homophobia – the group that organises and holds large regular marriage equality rallies in central Sydney – has told Same Same that about 11.25pm on Saturday he was unexpectedly set upon by up to five police officers from Parramatta Local Command as he crossed the Oxford Street near the intersection of Crown Street.

Hutchinson, 32, was with his partner, his sister and her friend when they decided to leave a Taylor Square hotel just after 11pm. Hutchinson, who is soon to commence studies for his PhD at the University of Sydney in the field of Bioethics, says he was not drunk or disorderly, or offensive or rude in any way, when the incident occurred.

“I had a few drinks but I certainly didn’t break the law,” he said.

“I had begun crossing the road and was just about at the middle when a police officer approached me and told me not to cross the road.

“Usually Oxford Street is open to foot traffic at that stage of the Parade. There was no signage or barriers, no marking tape.”

“I was hogtied and then they pushed my face into the concrete.”

The Mardi Gras Parade info page states: “Once crossing points are closed, you will not be able to cross the parade route until the parade ends at approximately 10:30pm.”

Hutchinson, who stands at 169cm and weighs only 65 kgs, said after a brief conversation with the police officer during which he said he was simply crossing the road he decided to continue to the other side.

“I can’t remember if he said anything more, but basically it was a verbal interchange and there was no physical contact. Then I was grabbed from behind by several police officers and then thrown onto the ground on my back. Then another police officer was leaning over me and threatening to charge me. I don’t know what he wanted to charge me with. I just kept saying I wanted to simply cross the road.

“They then turned me onto my front and pressed my face into the road, held me tightly by putting my arms behind my back and then folded my legs up. That’s when a number of police officers kicked me. There was approximately three. I couldn’t see them all but witnesses have told me since that there was up to five of them.

“I was hogtied and then they pushed my face into the concrete,” he adds.

“They were applying weight onto my back and I couldn’t breathe properly. I said I can’t breathe properly, and one of the officers said, ‘If you can talk, you can breathe’. I wasn’t resisting any sort of police intervention but I was really struggling to breathe. They didn’t stop applying the pressure and they had also kicked me.”

“I was still face down on the road when they handcuffed me,” he continues. “They put the cuffs on too tight, and have caused my wrists and hands to swell up and bruise. I screamed out, ‘You have the cuffs on too hard’. I also shouted very loudly, ‘What are you charging me with?’ Basically to get attention from the crowd as I was being beaten up by police.”

Hutchinson was then pulled up and pushed to a waiting police vehicle near the Colombian Hotel before being transported to Surry Hills Police Station where he was charged with assaulting police while in the back of the police wagon.

“They asked me for my ID and wallet which I didn’t have, but they confiscated my phone,” he claims. “I kept asking them what they are charging me with, and then one of the officers, Sergeant Ludlin from Parramatta Police, said he was charging me with assaulting police. He said, ‘You put your leg around me, don’t you remember that?’

“I don’t have any memory of putting my legs around any officers but if I did I would imagine it was a reflex when the others were pushing me back. He was in front of me. I would like to see some footage of the incident.

“It was excessive force. If they are charging me with assault police I find it bizarre they didn’t charge me with failure to comply with police directions or resisting arrest. I think they decided to charge me as they realised they had taken things too far by kicking me and are maybe trying to intimidate me.”

EYEWITNESS REPORTS

An onlooker, Tim Mayers, who contacted Same Same about the incident, said that while the confrontation didn’t seem to be homophobic in nature, the police reaction certainly seemed brutal and unnecessary.

“This didn’t seem like a gay bashing, but it was because the guy wasn’t cooperating with police they used force … and then it was out of control,” he said.

“I definitely 100 per cent saw the kick and stomp. Everyone sort of gasped.”

Another witness who contacted Same Same but did not wish to be named said at first she assumed police were simply helping a drunk person get across the road.

“I thought he was drunk, but I was making an assumption as it appeared that his weight was being held by the two officers on each of his arms. I looked away and when I looked back I saw four to five cops seemingly pinning him down on the road. I just assumed he had started hitting them but still thought that it was a bit excessive to have that many cops for one guy,” the witness said.

“Then I saw the man had his leg wrapped around one of the cop’s legs and wouldn’t let go so the cop hit or punched the guy’s leg a couple times before stomping his own foot on the ground in an attempt to get the guy to let go. Then one of the other cops did something that made the guy let go. Then all I could see was this huddle of cops around or over the guy who was still on the ground. They still seemed to be pinning him down.

“It was horrible, disgusting behaviour.”

“I can’t say I saw the cops bashing the guy apart from the hits to the leg but I did think that four or more cops for one guy – even if he was drunk and violent or not – seemed a bit excessive.”

Same Same has been informed by both the Colombian Hotel and the City of Sydney that their CCTV cameras did not capture the incident as they were trained either at the footpath or at the wrong angle.

“Our security team have reviewed the footage and can not see any incident on our cameras,” a City of Sydney spokesperson said.

“The City’s CCTV cameras are not designed to monitor road traffic as they are more focused on the footpaths.”

Sydney Independent MP Alex Greenwich adds that he has also been informed of other incidents allegedly involving police on the night, including revellers who were forced to undergo total strip searches at the Mardi Gras after-party at the Entertainment Quarter. Police ended up charging 96 people with drug possession after the Drug Dog Squad and officers from Surry Hills Police searched about 200 people at the event.

“The situation involving Bryn as described to me is very concerning and I will be looking into this further,” he says.

“I have known Bryn for a number of years and he is a person who has always been diplomatic and worked co-operatively with police in his role with Community Action Against Homophobia putting on regular marriage equality rallies for the past few years.”

Surry Hills Police Commander Anthony Crandell tells Same Same he’ll be attempting to gain CCTV recordings and other footage of the incident to verify exactly what occurred when Hutchinson attempted to cross Oxford Street.

“I am aware of this matter and we are treating it very seriously,” he said. “As it is before the courts, I am precluded from giving too much information at this stage, but I will definitely be attempting to ascertain all the facts around this incident.”


Are you a witness? We welcome further information via email – Matt@team.samesame.com.au.

You can also contact ACON’s Anti-Violence Project on (02) 9206 2116 or Freecall 1800 063 060.

If anything in this story has triggered negative feelings or you just want to talk to someone about it, please contact Lifeline on 13 11 14.

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ammonite

ammonite said on the 5th Mar, 2013

Thanks for putting the video up.


That's awful. Still I don't believe it actually proves much. Filming started after the initial claimed head bang into the ground, and then the second time he was thrown to ground the camera was focused on the blood on the ground, and you can't see what the person being arrested did or may have done in the proceeding few seconds. so it's technically possible he could have tried to attack the policeman. something happens at 0:56, there is a noise, the cameraman appears to be bumped, a man yells out, and a woman yells out his name, then by 1:00 he is on the ground.
Later you see I think the same woman telling him to calm down and she either says 'just don't hurt him ok' or ' just don't hurt them ok' - can anyone tell? and possibly 'don't kick just please...' All of which sounds like possibly she is telling him to stop resisting arrest - I wonder if he could have kicked the officer at 0:56?

It may be worth noting that this almost fits a pattern I have personally noticed in the filming by some groups of extrem-ish activists in protests. - Someone will film someone else being arrested, pan the camera away, which I believe sometimes is the signal for that arrested person to resist or assault the officer, and the camerman will pan back just in time to miss this possible assault on the officer, and film the officer subduing the person, and then claim on the internet that it is evidence of unprovoked excessive force.
I don't actually think that is what is happening here, but the convenient or in this case probably inconvenient camera timing always makes me suspicious and skeptical. and I imagine it will certainly be a problem when trying to get any action taken against this officer.

However even if he did kick the officer, the way he threw him to the ground - that was extremely excessive right? Surely it's not what they are supposed to do in that situation? There is a cry of horror from the crowd who did see what was not filmed. There are many of emotional witnesses repeating the same story. It would be hard to fake or exaggerate such a reaction at an event like Mardi Gras I would think?

I'm also really disturbed by how the police keep asking them to turn the camera off. It was said in the same way by two or more officers, which made me wonder if they are possibly trained to say it that specific way. - To say it in an authoritative manor so that the average person, unaware of their rights with regards to filming in public would not realise it was a personal request that they can refuse, and not an official police order that ignoring would result in their arrest. Luckily these people were aware of their rights, and they were compliant with the legitimate police requests such as when the officer asked them to step back.

paulcant78

paulcant78 said on the 6th Mar, 2013

No harm came to me or my mother, but it made it extremely difficult to get out. As it was we had to cross i guess "illegaly" to the other side of the road.
I did however see many police pushing people and pulling people over the barracades clear of the road AFTER the parade had long finished. What took so long to open the road to pedestrians. You dont see this kind of thing on New Years Eve for example.

Also, in relation to whether or not the kid kicked police as the camera moved away is not clear, and even if he did why wouldnt he have already been placed in a seating position on the ground where he could not hurt himself or the officers. Even during an arrest police have a duty of care, and by not placing the arrested youth in a position where he could not hurt himself or others after being cuffed is breach of that duty.
I have seen police in bondi junction mall driving a Paddy wagon (slowly) and hit a small child no less older than 2 and knocked him to the ground.
The parents did not speak english, the police did not radio it it and they did not call an ambulance to check on the kid whos undeveloped skull had first hit the vehicle then the pavement. I of course stepped in and made them call an ambulance. However they still did not radio it in. I have friends in poice and incident involving a vehicle striking people or property must be reported to the Duty Manager BEFORE leaving the scene and preferably immediately. So i called the duty manager and informed him of the incident. If it wasnt for me the asian parents would not have known their rights and the officers would not have been investigated. I dont believe the officers did anything wrong while driving the vehicle, but why did they then not take the correct and appropriate actions After the incident???
We have to keep them accountable whilst still allowing them to fulfill their duties.

paulcant78

paulcant78 said on the 6th Mar, 2013



No harm came to me or my mother, but it made it extremely difficult to get out. As it was we had to cross i guess "illegaly" to the other side of the road.
I did however see many police pushing people and pulling people over the barracades clear of the road AFTER the parade had long finished. What took so long to open the road to pedestrians. You dont see this kind of thing on New Years Eve for example.

Also, in relation to whether or not the kid kicked police as the camera moved away is not clear, and even if he did why wouldnt he have already been placed in a seating position on the ground where he could not hurt himself or the officers. Even during an arrest police have a duty of care, and by not placing the arrested youth in a position where he could not hurt himself or others after being cuffed is breach of that duty.
I have seen police in bondi junction mall driving a Paddy wagon (slowly) and hit a small child no less older than 2 and knocked him to the ground.
The parents did not speak english, the police did not radio it it and they did not call an ambulance to check on the kid whos undeveloped skull had first hit the vehicle then the pavement. I of course stepped in and made them call an ambulance. However they still did not radio it in. I have friends in poice and incident involving a vehicle striking people or property must be reported to the Duty Manager BEFORE leaving the scene and preferably immediately. So i called the duty manager and informed him of the incident. If it wasnt for me the asian parents would not have known their rights and the officers would not have been investigated. I dont believe the officers did anything wrong while driving the vehicle, but why did they then not take the correct and appropriate actions After the incident???
We have to keep them accountable whilst still allowing them to fulfill their duties.

Sep77

Sep77 said on the 6th Mar, 2013


The video was a little disturbing. But who knows what happened before the video started. And... deservedly or not, everyone in that video was also ignoring police instructions and getting in the way. I don't say this gives the right for police to be brutal. But... every person has a breaking point. All the haters wouldn't last half a week in their job.

Rationally, yes, we must consider that something had happened, but we must also look at the facts that, in the video, the aggressor was a lamb compared to several police who were lions, and there is no justification for the very visible grabbing, throwing, and dehumanising behaviour filmed.
The police could have told the bystanders to jump through a flaming hoop, but that does not mean that they had to do it. Filming is not illegal when out in public on a public street without restriction.
Haters? What a pathetic, useless word. Don't use it. Haters! C'mon, give us some respect. For a start, it is highly unintellectual to assume that someone disagreeing with your viewpoint is thus equivalent to hatred, an emotion that one should only accuse others of having in the most extreme circumstance. What you are saying is that people who might well have been victims of or subjected to police brutality or inappropriate behaviour - which, I can tell you, is beyond terrifying: knowing that you are entirely vulnerable - are thus mere 'haters', devoid of rational thinking, reduced to primal human instincts. Let's keep it intelligent.

willtoddhero

willtoddhero said on the 6th Mar, 2013

i literally am on verge of tears. this is disgusting it makes me feel sick. the one night of the year we hit the streets to celebrate love and the right to live... someone is treated like his life is worth nothing, they should be reprimanded.... he could of been seriously injured, and the way he speaks to the camera man "step back for your safety and mine" - i would gladly call him a monster...

i lose faith in mankind more when i see those who have not had to stand up for their right to live, and be loved, have no value for either. its appalling.

when the second guy says.... "I said I can't breathe properly, and one of the officers said, 'If you can talk, you can breathe' "

this is Not always true, you can talk whilst being asphyxiated and strangled. either the police officers are badly educated or they are just being downright stupid. The need to kick and stomp on people is worse than play ground bullying. it is sickening...

We as a nation do not stand up for violence - so why allow police officers to dish it out like spoilt tantrum chucking children. i understand you are probably frustrated, and you dont like being talked back to ,...but if you can not handle a situation where the person of issue has made no voilent motions - you need to be retrained or consider a desk job, you have no right to agress on them - or physically attack them. just because there is potential of having power over someone does not entitle you to use it

This does not seem to me like a particular gay related crime, but it is definitely an abuse of power and acts of heinous violence.

i used to believe police officers were kind and stood up for the good... i have seen many times in my life this is not true, i have been assualted and been met with no compassion or attempt at empathy by some of them... there are good and bad police officers, and the bad ones need to be dealt with... or rejobbed.

knowing that those images of rolemodels we see as kids, are far from consistantly true ... i would not let my future children look up to someone simply because of an office, especially when there is proof such horrible officers as this article brings light to are being given badges and being treated with honours they do not deserve.

the corruption is disgusting.

zebra23

zebra23 said on the 6th Mar, 2013

http://www.starobserver.com.au/news/local-news/new-south-wales-news/2013/03/05/mardi-gras-police-assault-allegations/99376


'Andrew*, another 32-year old Sydney gay man whose name has been changed, alleges he was assaulted by plain clothes police officers outside the Mardigrasland afterparty at the Hordern Pavilion at around 11pm on Saturday night.

Speaking to the Star Observer on condition of anonymity, Andrew alleges that he was “lunged at” by four or five plain clothes officers while eating a stick of chewing gum, slammed against a wall and choked around the neck for almost a minute while being ordered to ‘spit it out’ before being let go and handcuffed.

“They choked me to the point where I was only semi-conscious. I just couldn’t breathe, it was like I was drowning,” he said.

Andrew alleges that he was strip-searched in a police van and the officers suggested taking him to hospital to have his stomach pumped. When his interrogators realised he had not taken any drugs, they then accused Andrew of assaulting police.

“They kept telling me that assault of an officer was a much worse offence, and how I should have just admitted to possession and taking drugs. I think they were trying to intimidate me into giving a drug confession.”

Andrew claims the officers then attempted to infer that he was violent and unstable for the benefit of the interview’s tape recording.

“One of them kept rubbing his chin like I’d hit him, and they kept asking me if I was calm even though I had been calm and cooperative the entire time I was being interrogated.”

While Andrew was not formally charged, officers said he would receive a court summons in the mail.'


So all you precious puritans on here that say 'if you're not carrying anything you have nothing to worry about'.....bullshit! Please don't grace these forums with your naive crap any more.

Simoneybabe

Simoneybabe said on the 7th Mar, 2013



Basic law provides for a jail term. Why should other people be jailed for assault and police not? There's no deterrent there, which is what the police need; part of the problem with police violence recurring is that the judges and magistrates tend to let them off and find the charge "not sustained". The judges and magistrates are rich and insulated from the real world, and as long as the cops protect their wealth they support them, and are happy for the police to protect their rich priveleged position by attacking the everyday citizens, especially the poor and minority groups.

I'm surprised at the number of posters who are siding with the police, against the overwhelming evidence.
Maybe they are rich old queens who as long as the cops do their bidding, which they will because they are rich, don't care what the cops do to the rest of the community.

I marched in one mardi gras and I carried a placard that read "stop police violence".
The cops were getting quite aggressive about it.
I was the only one in that parade that was protesting; everyone else was just putting on a spectacle for the straights or companies using it as a chance for some advertising exposure.
But I bet if in relation to these bashings people get together and propose a float dedicated to stopping police violence and transphobia and homophobia, the mardi gras board will not let you march in the parade.
Don't want to tarnish the new image of the parade, or upset the sponsors.
A lack of solidarity there.

If you want to know what the cops get up to on a regular basis then read beatproject; cops letting german shepherd dogs off the leash to chase men at beats, stopping one guy in his car and telling him to remove a marriage equality sticker from his car window as he found it "offensive", and stuff like that.

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