Two police officers have been acquitted of using excessive force when they arrested an elderly man during a domestic violence call out in southwestern Sydney.
A court was told the 92-year-old man told one officer “piss off or I’ll f***ing hit you too”.
Constable James Robert Thompson and Senior Constable Dean George Valesini were on Tuesday cleared of allegations that they assaulted Ronald Hodge when they placed him in handcuffs at his Picton home on the evening of January 21, 2024.
Constable Valesini, who appeared in court via videolink, threw his head back in relief and Constable Thompson hugged friends and supporters outside the courtroom as they were found not guilty of two counts each of assault occasioning actual bodily harm.
Magistrate Rodney Brender also found Constable Thompson not guilty of a lone count of common assault.
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The officers raced to the scene with lights and sirens flashing after Mr Hodge’s wife, Patricia, called triple-0 alleging that she had been “bashed” before hanging up.
The court was told that Ms Hodge suffered dementia.
Mr Hodge was not charged with any domestic violence offence and there was no suggestion of wrongdoing on his part.
The court was also told that there was a note on the police system that there was a firearm in the house.
The two officers’ legal counsel argued during the trial that they raced to the home on edge believing that they were responding to a serious domestic violence call-out.
When police arrived, they separated the pair in different rooms.
Mr Hodge suffered bruising, swelling and pain in his right arm as well as carpet burn, bruising and swelling on his forehead after he was placed on the ground, the court was told.
In one room, Constable Valesini was told by Ms Hodge that her husband had “pushed and shoved me around”.
The court was told that when the officers arrived, Mr Hodge was angry and aggressive.
In the loungeroom, Mr Hodge was pushed onto a couch by Constable Thompson after the 92-year-old had attempted to get back up after being told to sit down.
After he was pushed onto the couch, Mr Hodge told the officers “I’ll f***ing hit you too”,
the court was told.
Mr Hodge was placed under arrest, handcuffed and wrestled to the floor with his hands behind his back.
As he was wrestled to the ground and placed in handcuffs, one of the officers told him: “You want to play this game? You want to play this game?”
He was then asked if he was going to calm down.
When he was on the ground, Mr Hodge complained about his arm.
Mr Brender found that the officers’ actions were reasonable in the circumstances.
The verdict means that both men are available to return to the force.
https://thewest.com.au/news/cops-cleared-of-assaulting-92yo-during-arrest-in-southwestern-sydney-c-21664428
