An experienced female police officer who allegedly kicked a retired detective while she lay face down and handcuffed in a Ballarat police cell, has told a jury her actions were not malicious or forceful.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Leading Senior Constable Nicole Munro, 48, gave evidence at the County Court in Ballarat on Thursday after the prosecution closed its case.
She is accused of kicking a drunk Yvonne Berry in the torso after immediately entering the police cell in the early hours of January 15, 2015.
Senior Constable Steven Repac, 29, who was on duty with Munro, then allegedly stomped on Ms Berry’s left and right ankles and lower leg and kicked her left shin.
Munro said she would not change a thing about the way she handled the uncontrollable situation at the Ballarat Police Station.
She said she and Repac received an urgent call to attend the police station about 1.20am after a number of police officers had been exposed to capsicum spray.
Earlier that night on January 14, Munro was present at Ms Berry’s arrest for being drunk in a public place.
She told the jury Ms Berry was aggressive and, as police officers brought her to the ground, she was spitting and biting.
On arrival at the Ballarat Police Station about two hours after Ms Berry’s arrest in Brown Hill, Munro was told Ms Berry had stolen a police sergeant’s lanyard.
Munro, a police officer of almost 30 years, denied she kicked Ms Berry – who was a police professional and ethical standards officer.
She told the jury she nudged, rather than kicked Ms Berry because she was not wearing gloves and did not know if Ms Berry had any diseases.
She said her focus was squarely on Ms Berry, to get her attention, calm her down and retrieve the sergeant’s lanyard.
“There was nothing malicious or forceful in that action. I didn’t want to put myself at risk. I didn’t want to put myself close to her where she could bite and spit,” Munro said.
“(Ms Berry) was unpredictable. I didn’t know what she was going to do.”
Crown prosecutor Andrew Grant suggested Munro kicked Ms Berry because she was extremely annoyed and had lost it, to which Munro replied, “I disagree”.
Munro, a mother, said Ms Berry was “the most violent female drunk I have ever come across”.
Munro’s barrister, Anne Hassan, asked her client if she had been trained to use her feet and kick during certain situations.
“I have used it in many volatile situations,” Munro replied.
In responding to one of Mr Grant’s questions during cross-examination, Munro said she had used her foot to nudge someone many times before and she had seen it used many times before.
Repac did not give evidence but watched from the dock as two police officers and two friends provided good character evidence on his behalf.
Ararat police Senior Sergeant Damian Ferrari said he had known Repac for five to six years and he was a very well regarded member.
Ararat police Sergeant Mario Miocic told the jury he could not fault Repac’s honesty at work.
Repac’s barrister, Geoffrey Steward, said his client had been a police officer for eight to nine years and had received a medal for courage and bravery for trying to save the life of a person in a house six years ago.
Munro has pleaded not guilty to one count of assault, while Repac has pleaded not guilty to five counts of assault.
The trial before Judge Paul Lacava will continue on Monday when the prosecution and defence will give their closing addresses.
