WAGGA police have admitted to losing CCTV footage of an alleged assault, which could have provided a defence for a man charged with assaulting a police officer.
Facing yesterday represented by hisLegal Aid solicitor PC Reddy, Bryon heard CCTV footage of the alleged assault would not be provided because it had been lost in the process of burning it onto a disc.Kooringal man Mark Anthony Bryon is facing a charge ofassaulting an officer in the execution of their duty following his arrest for stalk and intimidation.
"I'm not happy with the police response to the subpoena," Mr Reddy said.
"I requested the officers' notebooks and the CCTV footage of the charge counter where my client was injured."
Initially, a guilty plea was entered to the charge, but following discussions with Legal Aid, Bryon denied theassault. He said police sprayed him with capsicum spray while he was handcuffed and bleeding.
Mr Reddy said Bryon moved his arms up in reaction to the spray, not to strike out at police.
CCTV footage was taken from within the charge room of the incident and subpoenaed, but policeprosecutor Sergeant Steve Watterson informed Magistrate Michael Antrum the footage had since been lost.
“I am instructed that all material available was supplied, but the footage was lost during the burning (onto disc) process,” he said.
“There is now no footage available.”
“So you’re telling me the footage, which may have provided a defence (for Bryon), may have been destroyed?,” Mr Antrum asked.
“Yes,” Sgt Watterson replied.
Making it clear he was not indicating police had done anything wrong, Mr Antrum told Sgt Watterson questions over the lost evidence would be raised.Mr Antrum accepted an application by Mr Reddy to formally withdraw a guilty plea setting the matter down for a hearing.
“It is a serious loss, which shouldn’t have occurred,” he said.
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