Michael John Connor, 55, formerly a senior constable in Wagga, has pleaded not guilty to three common assault charges in relation to the alleged incident on August 27. 

Allegations include that Connor forcibly punched the alleged victim, Daryl Smith, after he was arrested and handcuffed, in the back of the head at least twice, rammed or threw him head-first into a wall before he was pushed down the stairs.

Connor was suspended from duty after being issued with a court attendance notice in November last year.

Police attended the scene after they were informed Mr Smith was allegedly carrying a knife. 

Mr Smith told the court he had been taking ice, marijuana and alcohol for a period of three to five days, before waking up handcuffed at a friend’s Wagga unit. 

Solicitor Ray Hood, who represented Connor, asked Mr Smith during cross-examination whether his account was accurate, given he had given evidence he was coming off drugs. 

“Things are accurate once you get punched in the head,” Mr Smith answered. 

Magistrate Alex Mijovich granted privilege against self-incrimination to witness Senior Constable Nicole Harmer, who was present during the arrest, before her evidence was heard. 

The constable told the court she witnessed Connor “hammer strike” the back of the alleged victim’s head, before throwing him towards a doorway and down the stairs. 

“I called out to ask Sergeant Ellis to take control of the situation and Mr Smith,” she said. 

The constable then corrected herself. “No that wasn’t an honest answer – it was so Cameron (Sergeant Ellis) could take control of Michael (Connor),” she said.

On the day following the incident, Senior Constable Harmer told the court she left the station with a constable and was asked whether she wanted to discuss the incident.

She declined and said she would wait for a formal interview. 

Later that shift, Senior Constable Harmer was taken into the supervisor’s office. 

“At the end of the conversation I was told not to talk about it again once the office door was open,” she said.

Mr Hood asked Ms Harmer whether her two statements, on September 11 and 28, contained any false information.

“I would say there are parts that don’t explain what fully happened,” she said.

The hearing continues.