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Australian Policeman paralysed - culprit fined

I'd like to get the evidence of what happened through the entire incident before I get too outraged.


View this excellent "60 Minutes" video about the situation.
See Robert McLeod, the father, repeatedly punch Constable Matt Butcher before Butcher used his TASER.

These happened after Barry McLeod gave the flying headbutt, but please read:

Headbutter Barry McLeod in 'Burswood Casino ban breach'

Scott McLeod fined $1000 for Old Bailey assault

[...]

[...]

EDIT: Having done some more reading, the headbutt/tackle was delivered to the police officer who was tasering the attacker's father, said father having a dicky heart.
I actually find that understandable. Given that the police officer was arguably killing the guy's father, who did have a heart attack as a result of the tasering, dropping the officer could thus be argued to fall under the heading of defending another's life.

Obviously it's Darwin-award level stupidity to start a fight with police when you have a dicky heart, and you could argue that this lot probably wouldn't be missed even if they all dropped dead, but neither of those considerations has much weight in a court of law. If the attacker had credible reason to believe that headbutting the officer was the only way to save his father's life then he's got a credible case.

They should still be convicted of all sorts of other things though, as far as I can see.

If Robert McLeod had a "dicky heart," why was he out drinking alcohol with his sons, and getting all riled up and fighting in the first place?

Cite your evidence that Robert McLeod's heart attack was the result of being shot with a TASER. I'm aware deaths have resulted when a TASER was used, but I haven't seen definitive evidence to show that a TASER was the sole cause of anyone's death. It may be a contributing factor and/or the sole factor, but one needs to understand how a suspect was subdued and/or restrained, if they had drugs or alcohol in their system, or had a pre-existing medical condition making them susceptible to a heart attack. Robert McLeod's heart attack could have happened independent of the TASER.

I've read that Robert McLeod had three heart attacks within three years. Was he shot with a TASER those other three times? Did Barry McLeod give anyone else a flying headbutt to stop his dad from having a heart attack, as a means of defense/defence?

[...]

Violence and the academic study of it something I've been interested in a long time, as well as following the MMA scene to some extent and training in BJJ for several years.

If you thought you saw real violence in the early parts of the video you don't know what it looks like. Nobody was going to end up dead. They were pushing and wrestling, not punching or kicking. The odds of anyone falling over and getting a fatal head injury from that sort of roughhousing are not serious.
It's common for authoritarians to wildly exaggerate the danger police are in, and I think that's what you are doing here.

That doesn't mean they didn't all deserve a night in the lockup and criminal charges - in my opinion they all did. However you are now trying to paint this as a scenario requiring the use of lethal force, which is idiotic.

Come back when you have an argument, not a non sequitur.
For someone who claims an interest in violence and the academic study of it, you seem to be ignorant of how quickly violence can escalate.

If you feel no one could get hurt as a result of "roughhousing," how come Constable Matt Butcher ended up partially paralyzed and about half-blind?

Take a look at the "60 Minutes" video and transcript called
Rough Justice

In my opinion, Barry, Scott and Robert McLeod have so far escaped justice, and the members of the jury failed to understand the situation and exhibited poor reasoning skills.
 
According to the police the taser didn't actually activate, for what it's worth.
 
According to the police the taser didn't actually activate, for what it's worth.
That's what it looked like to me, the man tasered was still standing.

And the cop who got paralyzed looked quite elderly to me, and one of the other cops was a woman who looked to be about 5'4" or so and was pretty much worthless in this situation.
 
That's what it looked like to me, the man tasered was still standing.

And the cop who got paralyzed looked quite elderly to me, and one of the other cops was a woman who looked to be about 5'4" or so and was pretty much worthless in this situation.

Actually the cop injured was fairly young, and only junior in rank. It's only conjecture, but if a more senior officer was involved it may not have escalated as it did. And there are no longer height requirements for coppers here, but they do have to pass very rigorous fitness tests.
 
Actually the cop injured was fairly young, and only junior in rank. It's only conjecture, but if a more senior officer was involved it may not have escalated as it did. And there are no longer height requirements for coppers here, but they do have to pass very rigorous fitness tests.
Huh, he looks about 60 and out of shape in the low-res video.

eta: watching it again maybe what looks like an older cop wasn't the one who was head-butted.
 
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Huh, he looks about 60 and out of shape in the low-res video.

eta: watching it again maybe what looks like an older cop wasn't the one who was head-butted.

The older guy seems to be a civilian trying to break up the fight.
 
Get back to me when you have an actual point you can express intelligently.



Violence and the academic study of it something I've been interested in a long time, as well as following the MMA scene to some extent and training in BJJ for several years.

If you thought you saw real violence in the early parts of the video you don't know what it looks like. Nobody was going to end up dead. They were pushing and wrestling, not punching or kicking. The odds of anyone falling over and getting a fatal head injury from that sort of roughhousing are not serious.

It's common for authoritarians to wildly exaggerate the danger police are in, and I think that's what you are doing here.

That doesn't mean they didn't all deserve a night in the lockup and criminal charges - in my opinion they all did. However you are now trying to paint this as a scenario requiring the use of lethal force, which is idiotic.



Come back when you have an argument, not a non sequitur.

Well chosen avatar Kevin.
 
This is a very weak attempt to appeal to authority...

You're right, I should have replied to Gumboot's original attack on my competence to draw conclusions from the video with "that's a fallacy, knock it off", rather than allow the thread to turn into a keyboard commando competition.

There were punches thrown in the beginning of the video. The officers then tried to wrestle the attackers. The video then shows the injured officer trying to wrestle someone obviously stronger then him and pulling out the taser. And then the attack from behind.

I did miss that at first - the man tasered did throw a couple of body punches. Can you give the exact timestamp, if you can see anyone else throwing punches? I just looked at the video again and could not see any.

It seems to me based on what I can see that the police on the scene agreed with me that the situation was not terribly dangerous, rather than agreeing with the JREF keyboard commandos who are arguing with hindsight that this was a terribly dangerous situation. The police didn't get out gas or tasers except to deal with the one guy who I can see throwing punches, and only then after attempts to restrain him were going nowhere.

As I see it the police were behaving entirely appropriately. They were dealing with mild, unarmed violence with mild, unarmed violence, and then they upped the ante to a mostly-non-lethal weapon when that wasn't getting results.

They just didn't know that they were trying to electrocute someone with a heart condition. So from their point of view they were using mostly-non-lethal and appropriate force. From the son's point of view they were using lethal force, and he responded to that perception. According to the 60 minutes story that was in fact his legal defence, that he was responding to the use of the taser and that he feared for his father's life.

The taser was an appropriate response, the flying headbutt was not. He could have held the police, shouted that his father has a heart condition, put himself in front of the taser, etc, etc... He chose a dangerous attack that paralyzed a man.

I agree that tasering the father who was throwing punches was entirely reasonable, given the existing guidelines for taser use as I understand them. The issue is whether it's reasonable to headbutt a police officer who is apparently in the process of electrocuting one's father who has a heart condition. Generally speaking my understanding of the law is that the use of reasonable force up to and including lethal force can be defended on the basis that you are defending someone else from a credible risk of being killed.

That's why I think the jury's finding, based on what we know at the moment, is not totally ridiculous. I wasn't on the jury or present at the brawl so I'm not claiming any special knowledge, but I think the people claiming this ruling was totally off the wall are just venting their emotions rather than expressing an opinion based on any understanding of the law.

Few years back a guy here died after receiving a single fairly soft punch to the head during a road-rage incident after a near accident. Single half-hearted punch was enough to knock him down, where he hit his head. Bam. Dead.

You simply cannot afford to dismiss any physical violence as harmless. Particularly not if you're being exposed to it on a daily basis. All it takes is one unlucky blow and it's all over.

You do realise this is exactly the argument-form used by the most brain-dead postmodernists?

Almost any violence is potentially lethal, yes. However it does not follow from this that it's intelligent to treat throwing a fist the same way we treat firing a machine gun. You can still make useful differentiations, and you can still condemn someone for using a degree of force (with corresponding degree of risk) that is inappropriate.

Let me fix this next bit for you, fixed bits in bold:

I find it quite disturbing that people are attempting to dismiss this violence against the police as of no consequence. That's a sure sign that your society has a major issue with violence. Once it's okay to bash Police officers who are tasering people with heart conditions, it becomes okay to bash anyone who is tasering someone with a heart condition.

Oh no, it's the end of civilisation!

If Robert McLeod had a "dicky heart," why was he out drinking alcohol with his sons, and getting all riled up and fighting in the first place?

I would guess it's because he's an idiot.

Idiot's lives, however, are just as protected under the law as the lives of law-abiding and sensible people.

Cite your evidence that Robert McLeod's heart attack was the result of being shot with a TASER. I'm aware deaths have resulted when a TASER was used, but I haven't seen definitive evidence to show that a TASER was the sole cause of anyone's death. It may be a contributing factor and/or the sole factor, but one needs to understand how a suspect was subdued and/or restrained, if they had drugs or alcohol in their system, or had a pre-existing medical condition making them susceptible to a heart attack. Robert McLeod's heart attack could have happened independent of the TASER.

Proving that any A caused B in the past is practically impossible, especially for a B like a heart attack that, for all we know, could have happened at exactly the same time even if he had been having a nap at home.

However that's not the point at issue. The point at issue is whether it was reasonable to think that tasering him could cause a heart attack. If that's reasonable, then treating a taser as a threat of lethal force is therefore reasonable.

For someone who claims an interest in violence and the academic study of it, you seem to be ignorant of how quickly violence can escalate.

We have to deal with reality, not with what reality could have been.

If you feel no one could get hurt as a result of "roughhousing," how come Constable Matt Butcher ended up partially paralyzed and about half-blind?

Because both sides escalated the use of force beyond roughhousing.
 
Okay so I have a question...

Let's assume for a moment that head butting the officer in question was reasonable (I don't buy it, but hey...)

Explain why the men involved in the brawl were also found not guilty of the other assault charges? The father was charged with assault on the same officer, and men were charged with assaulting three other police officers also.

The fact that all of the involved men were found not guilty on all assault charges totally undermines the entire argument that the head butting was an exception due to the old guy's heart condition.

Meanwhile one of the guys was convicted of threatening to kill a bystander.

What's the lesson here?

As far as the jury is concerned it's okay to bash police, as long as you don't threaten civilians.
 
Okay so I have a question...

Let's assume for a moment that head butting the officer in question was reasonable (I don't buy it, but hey...)

Explain why the men involved in the brawl were also found not guilty of the other assault charges? The father was charged with assault on the same officer, and men were charged with assaulting three other police officers also.

Beats me, I said right at the start that I couldn't see why they weren't all convicted of various lesser charges.

The fact that all of the involved men were found not guilty on all assault charges totally undermines the entire argument that the head butting was an exception due to the old guy's heart condition.

I'm not claiming that I know that was the basis on which the jury decided - if I could read minds I'd be busy winning the million.

However that was the defence presented against that specific charge according to 60 Minutes, and I can see its legal merit.

Meanwhile one of the guys was convicted of threatening to kill a bystander.

What's the lesson here?

As far as the jury is concerned it's okay to bash police, as long as you don't threaten civilians.

If you have mind reading powers, I suggest go winning the million. It's plausible that this was the jury's attitude, but neither of us know for sure.
 
No, we just know the jury was composed of asses entire. Hopefully each will manage to be in a bar fight with the slime they let roam free.
 
Beats me, I said right at the start that I couldn't see why they weren't all convicted of various lesser charges.


I'm not talking about lesser charges, I'm talking about assault. The head-butting was not the only act of assault against police in this instance. The injured officer was assaulted prior to the head-butting and three other officers were also assaulted.

Why were all of these people also found not guilty? Did they all have heart conditions, and the cops just busted in with tasers from the start, and they were all just trying to save each other in a drunken orgy of selflessness?
 
I'm not talking about lesser charges, I'm talking about assault. The head-butting was not the only act of assault against police in this instance. The injured officer was assaulted prior to the head-butting and three other officers were also assaulted.

I meant lesser than paralyzing the cop.

I can see how a jury could get to the conclusion he should walk for that charge. I've got no explanation for how they found them not guilty of everything else.

Why were all of these people also found not guilty? Did they all have heart conditions, and the cops just busted in with tasers from the start, and they were all just trying to save each other in a drunken orgy of selflessness?

I'm pretty sure that's not it, but I don't have a better explanation.
 
However that's not the point at issue. The point at issue is whether it was reasonable to think that tasering him could cause a heart attack. If that's reasonable, then treating a taser as a threat of lethal force is therefore reasonable.

Maybe, but I'd have a hard time buying that, personally (though I'm not familiar enough with Australian law to know what the legal principle is there). For someone with a heart condition, virtually any type of sudden strenuous activity could trigger a heart attack (it's why my father wasn't even allowed on a treadmill for a number of years). If the police hit him with a baton, that could trigger a heart attack. Wrestling or throwing him to the ground could trigger a heart attack. The scuffle itself could have triggered a heart attack.

In fact, it did.

I'm not sure where that leaves the police in that case.

You may be right that that is why the jury acquitted the men involved in this case, but I'm not entirely sure I'd buy it as reasonable.
 
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Barry McLeod changed his reason for the headbutting

[...]

I did miss that at first - the man tasered did throw a couple of body punches. Can you give the exact timestamp, if you can see anyone else throwing punches? I just looked at the video again and could not see any.

[...]

Kevin, there is no timestamp visible on the video. I think what you mean instead of timestamp, which shows the day/month/year; you mean Time Code. Time Code can locate the precise video field or frame. However, neither a time stamp, or Time Code, are present. Depending on the source of video about this case, there may be counter that shows the minutes and/or seconds.

[...]

They just didn't know that they were trying to electrocute someone with a heart condition. So from their point of view they were using mostly-non-lethal and appropriate force. From the son's point of view they were using lethal force, and he responded to that perception. According to the 60 minutes story that was in fact his legal defence, that he was responding to the use of the taser and that he feared for his father's life.
[...]

Kevin, did you read the transcript and listen closely to the "60 Minutes" report, Rough Justice? You will notice that Barry McLeod changed his story from accidentally tripping and falling on Constable Butcher's head; to the self defence/defense crap sometime after applying for bail and when he appeared at the trial.

Here's part of the "60 Minutes" transcript.
60 Minutes reporter Liam Bartlett:
When Barry McLeod applied for bail, he claimed it was all an accident - he had tripped and somehow fallen into the back of the constable's head. But by the time he came here to face trial, he'd changed his tune dramatically. The video made it clear this was no accident and Barry McLeod decided it was self defence.

One possible explanation of how and why Barry's story changed is because he could have been "prepped" by someone on his legal council to say he was acting in defence/defense for his dad.

A little later in the "60 Minutes" report...

"60 Minutes" reporter Liam Bartlett:
Lovitt's arguments convinced the jury that it was the police, not the McLeods, who had acted unlawfully that evening, by using excessive force. The jury agreed that their initial response was too heavy handed, and the McLeods reaction was reasonable self-defence. This, despite the fact not one single witness out of 75 people agreed police were out of line.

Don't you think it's strange that the jury decided that the police used excessive force, but none of the 75 witnesses found the police to be out of line?

Why do you fail to recognize or understand this fact? Are you sure you weren't on the jury?
 
Kevin, there is no timestamp visible on the video. I think what you mean instead of timestamp, which shows the day/month/year; you mean Time Code. Time Code can locate the precise video field or frame. However, neither a time stamp, or Time Code, are present. Depending on the source of video about this case, there may be counter that shows the minutes and/or seconds.

I've seen the term used frequently to refer to the little timer on the bottom of internet videos, and that was what I intended to refer to.

Kevin, did you read the transcript and listen closely to the "60 Minutes" report, Rough Justice? You will notice that Barry McLeod changed his story from accidentally tripping and falling on Constable Butcher's head; to the self defence/defense crap sometime after applying for bail and when he appeared at the trial.

Here's part of the "60 Minutes" transcript.
60 Minutes reporter Liam Bartlett:

One possible explanation of how and why Barry's story changed is because he could have been "prepped" by someone on his legal council to say he was acting in defence/defense for his dad.

I think we can all agree "I tripped" was an obvious lie.

I don't think it follows that "I was defending my dad" is also a lie. It could be a lie, since we now know the guy is a liar, but it isn't proven. I find it plausible given the video, however. He certainly made a beeline for that one officer to headbutt him.

Speaking more generally I've been more than forthright in the past in condemning the various idiocies of our criminal justice system, and the fact that you can lie your backside off in pre-trial proceedings without consequences in the actual trial is one of the more egregious loopholes which defence attorneys abuse.

That said, I find it perfectly conceivable that the attacker didn't know at the time of their bail hearing that defence of another was a valid legal defence. These guys don't strike me as legal scholars. If that were the case he might well have lied even if the truth was a better defence.

Don't you think it's strange that the jury decided that the police used excessive force, but none of the 75 witnesses found the police to be out of line?

Why do you fail to recognize or understand this fact? Are you sure you weren't on the jury?

I think if you had tried to spell out your reasoning here, instead of hiding behind rhetorical questions, you would have spotted your error.

75 people who have not been briefed on the law regarding self-defence and excessive force, and who saw the incident once, are not necessarily a better judge of what the law allows than twelve people who have been briefed on the relevant laws and who could watch it on video at their leisure.

Maybe the 75 were right and maybe the 12 were right, but your argument is a poor one.
 
75 people who have not been briefed on the law regarding self-defence and excessive force, and who saw the incident once, are not necessarily a better judge of what the law allows than twelve people who have been briefed on the relevant laws and who could watch it on video at their leisure.

Maybe the 75 were right and maybe the 12 were right, but your argument is a poor one.


I disagree, I think a good argument is presented here.

Firstly, the fact that a defendant changes their story is in itself a damning piece of evidence, routinely used against defendants to bring into doubt the honesty of their claim.

It's entirely valid as a piece of evidence, and an important one.

Secondly, the jury's evidence of what actually happened consists entirely of:

1) The accounts of witnesses

and

2) The video of the event

The video of the event is a partial capture of one portion of the event. It does not, in any shape or form, constitute a complete account of the event, and I would be very alarmed if a jury based their assessment primarily on the video.

I would be horrified if they chose to adhere to their own interpretation of the video in preference to accepting the sworn testimony of 75 witnesses.

This failure by the jury seems to get more and more shocking with every new piece of information uncovered.
 

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