Ballarat cop charged over breaking neighbour's nose
A Ballarat policeman has been charged with assault almost a year after allegedly punching his neighbour in the face and leaving her unconscious on the footpath.
Samantha Mitchell, 32, is also expected to launch civil court action against Victoria Police over the alleged attack by Ballarat sergeant David Berry that left her with a broken nose and deeply traumatised.
Mr Berry has been charged on summons and is due to appear in Ballarat Magistrates Court on July 5 for a mention hearing.
The incident is expected to fuel concerns about the conduct of police in the Ballarat region, which has the worst record in the state for complaints, with more than 50 officers receiving at least four complaints – almost twice the state average.
Professional Standards Command has also been criticised for taking almost 12 months to lay charges against Mr Berry, who admitted to punching Ms Mitchell in May last year, but claimed his actions were in self-defence.
"I immediately threw a single punch with my right hand, fearing she was about to hit me and not knowing if she was holding anything," Mr Berry said in a statement.
"I was fearful of being assaulted myself."
He claimed the altercation had left him "upset and shaking" with bruising to a knuckle on his right hand.
About midnight on May 4 last year, Ms Mitchell was embroiled in a heated dispute with her domestic partner, who had ordered her to leave the house. The couple had a volatile relationship, which had required previous intervention from the Family Violence Unit of Ballarat police.
In a police statement, Ms Mitchell claims she was hysterical and needed help as she banged on her neighbour's front door.
She claims Mr Berry told her to "f--- off", before eventually bursting out the door and chasing her down the street.
"The one punch has impacted from my cheek to my nose, I hit the ground and was unconscious. I recall when I woke it was still dark and I was covered in blood and in so much pain," she said in a statement.
The following morning, Ms Mitchell attended Ballarat police station to report the assault, but was shocked when served with an intervention order that listed Mr Berry as the party in need of protection.
"Police hold fears for [Sgt Berry] as there have been numerous ongoing issues with [Ms Mitchell] confronting [Sgt Berry] and his wife when alcohol affected," said the order.
On Thursday, a Victoria Police spokesman confirmed a "sergeant from Western Region has been charged by summons with Unlawful Assault relating to an incident that occurred in May, 2017."
Victoria Police was previously embarrassed by the handling of assault allegations against two officers at Ballarat station, that was captured on CCTV and widely publicised.
An internal probe by Professional Standards Command cleared the two officers involved in the alleged assault of former policewoman Yvonne Berry, who was allegedly kicked and stomped at Ballarat station in 2015.
Despite being the subject of an ongoing investigation by Victoria's corruption taskforce their suspensions were overturned and they were allowed to return to work.
But the Independent Broad-based Anti-corruption Commission found the incident was an "alarming mistreatment of a vulnerable woman", and the two officers were charged with unlawful assault in February 2017.
A recent review by IBAC found that police officers involved in deaths or serious injuries to the public were not properly investigated by the force due to "clear conflicts of interest" and most cases failed to include evidence from independent witnesses.
The scathing IBAC audit released in March 2018 found there was an "over-reliance on police statements in relation to serious incidents. Many oversights failed to include statements from independent witnesses that could assist in verifying police versions or critically examine police statements against other evidence."
IBAC examined 142 oversight files from 2015/16 involving a death or serious injury following interaction with police.
At the time, IBAC Commissioner Robert Redlich, QC, said police had significant powers and the community "expects them to use these powers responsibly and perform their duties fairly, impartially and in accordance with the law".
"The audit identified concerning deficiencies in Victoria Police’s oversight, which require immediate attention. Victoria Police have accepted IBAC’s findings and recommendations, which they have commenced to implement,” Mr Redlich said.