A magistrate has thrown out the criminal case against a police officer who knocked a man unconscious in a sling-tackle arrest during a heated anti-lockdown rally in 2021.
Beau Barrett, an acting sergeant, was suspended from Victoria Police and charged with recklessly causing injury and assault after footage of him tackling Daniel Peterson-English to the ground at Flinders Street Station went viral on social media.
Beau Barrett (centre) leaving Melbourne Magistrates’ Court in December.Credit:Joe Armao
The day Barrett tackled Peterson-English, hundreds of anti-lockdown and anti-vaccine mandate protesters marched through the CBD and occupied the Shrine of Remembrance, where they clashed with police attempting to clear the crowd.
Magistrate Rob Stary discharged the case on Friday morning, finding a jury could not possibly conclude Barrett had criminal intent and acted unlawfully when he tackled Peterson-English on September 22, 2021.
Stary said Peterson-English had acted in a menacing and abusive manner towards police, disregarding repeated requests from the officers to leave the station and keep his distance, and Barrett had acted on a perceived threat.
“Mr Peterson-English acts in a manner that is entirely provocative,” Stary told the court.
“It may be that the arrest was executed in a way that is not in strict accordance with the manual, but whether it could be said to be unlawful and whether it could be said to be done without any regard to the probable consequences and criminal intent, in my view a jury properly instructed could not convict Mr Barrett of those offences.”
The court earlier heard Peterson-English repeatedly hurled abuse at police, circled officers, and filmed them with his mobile phone in the lead-up to the violent incident.
Footage showed in court last year showed Peterson-English approaching the police and protective services officers inside the station at least four times over the course of more than an hour.
Witnesses told the court Peterson-English was acting erratically, barking at the officers and calling them “pigs”, “dogs” and “glorified snitches”.
Officers present during the incident said Peterson-English sounded “exorcist-like” as he yelled at police, leading some officers to believe he was intoxicated or suffering from mental health issues.
One PSO told the court he appeared so aggressive she pulled out her pepper spray in preparation for the situation escalating, something she had done less than a handful of times in her eight-year career.
After approaching police several times Peterson-English was arrested, fined for not wearing a mask, and released on the spot. He returned to the concourse area and continued to film the police shortly after.
It was then Barrett grabbed him from behind and tackled him to the ground, causing Peterson-English’s head to hit the floor and knocking him unconscious. The incident was captured on camera and widely circulated online.
Daniel Peterson-English. Credit:Instagram
Peterson-English, who wasn’t taking his prescribed anti-psychotic medication at the time of the incident and refused to be treated by paramedics, previously told the court he lived with post-traumatic stress disorder from the arrest.
The prosecution acknowledged Peterson-English had behaved inappropriately towards the officers, but argued Barrett used disproportionate force when he tackled the slim-built man to the ground using a technique that was not approved or taught during police training.
“It’s not a snap, in the heat of the moment decision, he has time to contemplate his actions,” the prosecution told the court.
“The complainant was standing, talking to another sergeant, there was no perceived threat by others at the time.”
Barrett refused to comment on the magistrate’s decision as he left the court hand in hand with his partner.
Victoria Police said in a statement it was aware the matter had been discharged and Professional Standards Command would begin an investigation.
Police said the officer remained suspended without pay, but this would be reviewed.
Rob Stary has moved to the dark side and this new role as a magistrate gone to his head. He is a newly appointed magistrate and use to do good work fighting against police but now he has became a Facilitor to a pathway for the police to commit crimes against the police. This decision is outrageous
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