A police officer accused of assaulting a group of party-goers said he acted in self defence as he thought he and two other officers were going to be attacked, a court was told today.
Patrick Garty, 32, and Wiremu Bowers-Rakatau, 21, both constables, have pleaded not guilty in Auckland District Court to attacking a group of five students when they were off duty in downtown Auckland in March last year.
A third police officer, Chris Renata, is to stand trial separately for an assault charge relating to the same incident.
Prosecutor Eilidh Hook asked Bowers-Rakatau if he kicked one of the students to keep him away from Garty, who was assaulting one of the other students in the group.
"Their demeanour was quite aggressive. I believed they were going to attack me," he told the court.
Ms Hook played CCTV footage of the incident and pointed out that one of the students was not coming towards him in a threatening way before he kicked him.
"You didn't think Patrick Garty was in danger at all. You were ensuring he could continue his assault.
"It is very obvious in the footage that the boys aren't offering any aggression," Ms Hook said.
Bowers-Rakatau said that was incorrect and it was not possible to hear the words or get the general feeling of the incident from the CCTV footage.
Garty's lawyer John Anderson asked Bowers-Rakatau if events moved quickly in the foyer and whether he had to make split-second decisions.
Bowers-Rakatau agreed that was the case.
The prosecution alleges the two off-duty policemen and a third officer were walking on High St in central Auckland, when they met a group of students heading home after St Patrick's Day celebrations.
After a verbal exchange the three constables went into the entrance of an apartment building and attacked two of the students, the prosecution said.
It is alleged Garty hit one student in the head and face, as Bowers-Rakatau kept the others at bay, kicking one of them in the knee.
Proceeding.
- NZPA
Cop tells court felt threatened by party-goers
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