Matthew James Styles, of Bathurst Street Forbes, was also convicted of resisting an officer when he faced Forbes Local Court on Thursday, April 7.

Styles pleaded not guilty to the offences, claiming he had in fact suffered a brutal police assault.

According to police facts tendered to the court, the incident occurred at about 11.40pm on Friday, May 29, 2015 when the accused walked between two police vehicles parked side by side in Court Street Forbes.

As he walked past, the accused stopped and turned around and walked back between the vehicles and said, “Sorry, I thought that would be funny, some random guy walking between the police cars”.

The accused was told to keep moving along, however he became argumentative, asking, “What are you going to do?”

The accused was warned he could go on his way and enjoy the rest of his night or receive an infringement notice. He continued his behaviour, still standing between the two cars in the middle of the road.

The first officer got out of the car and walked around to the accused.

The second officer also got out of the vehicle to stand between the two vehicles.

Officer one stood at the front of the vehicle and pointed to the footpath, saying, “Mate, jump off the road, over here”.

Officer two used his hand on the back of the accused to direct him to the front of the vehicles off the road.

The accused turned and punched officer two on the chin, then rushed at the other officer.

Officer one took hold of the accused’s collar with one hand and was punched in the face. He then punched Styles in the face twice before being hit again.

The pair wrestled until officer two helped contain Styles on the ground and a third officer was needed to eventually handcuff him.

The accused was stood up, but continued thrashing around. 

He was then pushed backwards on a rubbish bin in the street where he continued to thrash and an elbow strike was delivered to his solar plexus. The stuggle continued until the third officer removed his personal can of capsicum spray and pointed it at Styles.

Styles was put into the back of the police vehicle and taken to Forbes Police Station.

He requested medical treatment and was later released from custody and taken to Forbes Hospital by ambulance.

As a result of the incident, officer one had soreness to his face and officer two had numerous scratches and bumps on his arms and hands.

During sentencing, the court heard that there were some discrepancies between the three officers’ statements as a result of one officer (officer three) completing his statement months after the incident.

“It has been put to me these conflicts should raise reasonable doubt,” Local Court Magistrate Robert Rabbidge said prior to handing down his guilty verdict.

“The facts do at times have their problems, conflict with each other.

“Witnesses aren’t perfect; the absolute detail can differ slightly. 

“I remind myself one of the officers needed to take a breather [before writing his statement].

“Much of these difficulties for the prosecution case would have been eliminated if he had prepared his report earlier.”

Mr Rabbidge said the case was a “highly contentious matter”.

“He claims the police case against him is one that is false, that he suffered a brutal police assault,” he said. 

“Mr Styles acknowledges that he possibly challenged police authority.”

Mr Rabbidge said police officers’ tasks are very difficult and that police are only too aware of the standards they must comply with.

“Police have a task to keep the peace, to protect life and property, a task to behave with appropriate decorum,” he said.

“It would be stunning for two police officers to take such violent action against a young man simply because he wouldn’t move on.

“Police would be aware there’s so many cameras around the streets in Australia.

“It’s acknowledged by police that a couple of punches had to be thrown … any injuries to Mr Styles are in accordance with what police say occurred.

“It is an extraordinary allegation to make that police have brutalised a young Australian.

“I’m convinced without doubt that Mr Styles did assault police officers.

“It’s part and parcel that a young man who was out-of-control, who was under the influence of alcohol didn’t like being asked to move on, threw a punch.

“I find him guilty of those three matters.”

Styles’ solicitor, Mr Walsh, urged Magistrate Rabbidge to deal with the matter by way of a section 10 bond, rather than a section 9.

“He is a young man, 21 years of age tomorrow,” Mr Walsh said.

The prosecutor argued for a harsher punishment.

“The attitude towards officers, coupled with the fact that some of the officers sustained significant injuries … police officers should never be put in a position where they are assaulted,” the prosecutor said.

During sentencing, Mr Rabbidge took into account Styles’ good character and the fact that he had no previous record, handing him a section 10(1)(b) bond for 18 months.

“Hopefully this won’t be repeated,” he said.