A senior Sydney police officer became so angry and frustrated by a “puerile” game in which young men drunkenly knocked on his front door and hid, he allegedly armed himself with a bat and assaulted them, a court has heard.
Kings Cross Commander Jonathan Andrew Beard has pleaded not guilty to three counts of assault occasioning actual bodily harm and one of using an offensive weapon with intent to commit an indictable offence.
Downing Centre Local Court on Monday heard a group of young men who had been celebrating an 18th birthday with drinks at various bars decided to play “knock and run” one evening in September 2024.
During that game — described on Monday by the Crown as “puerile and somewhat foolish” — it was unclear who knocked on the door of the property in an inner Sydney suburb, but one of the men, Rory Fendall, took up a hiding spot near the bordering property.
According to the Crown’s case, the 56-year-old commander came to the door, looked out, then re-emerged from the house holding a wooden bat and the young men fled.
The court was told Mr Fendall ran south but turned around and when he was back near the officer’s residence, Commander Beard allegedly swung the bat and Mr Fendall was hit on the upper right thigh.
At that point, the prosecution says the officer and his son, Oscar Beard, pursued Mr Fendall and his friend Charlie Mannes.
Oscar Beard faces one count of assault occasioning actual bodily harm over the incident. (ABC News: Jamie McKinnell)
Prosecutor Patrick Mulvihill told the court Commander Beard — who no longer had the bat at this point — allegedly assaulted both men by shoving them, pulling Mr Fendall to the ground, grabbing Mr Mannes by the throat, striking him and kneeing him.
Oscar Beard faces one count of assault occasioning actual bodily harm over the incident.
Mr Mannes was seen on CCTV punching Commander Beard to the side of the face, the court heard, however the Crown says this was self defence done after the alleged assault had begun.
The court heard Commander Beard questioned why the men were running down the street.
“You think you’re a tough c***,” he said.
“You were trespassing on my land … this little f***wit banging on my front door.”
During an opening address, Mr Mulvihill said the prosecution case is that Commander Beard was the aggressor from the outset.
He alleged the officer later “embellished” regarding a feeling of fear and failed to mention the presence of the bat in his initial account.
“On the prosecution case, he was not fearful but rather angry and hellbent on inflicting punishment.”
He anticipated a defence argument that the actions were lawful by virtue of legislation which enlivens police powers of arrest, but said the conduct was disproportionate.
Rather, it was “an act borne out of frustration and anger” to “inflict punishment on someone he believed had been trespassing on his property,” Mulvihill said.
Troy Edwards (left) argued his client had reasonable grounds to suspect the men were intending to take part in a home invasion. (ABC News: Jamie McKinnell)
Cop suspected home invasion, defence argues
Defence barrister Troy Edwards said his client had reasonable grounds to believe Mr Mannes had committed an offence and suspected the men were intending to take part in a home invasion.
Mr Edwards said the use of force was “reasonably necessary to prevent the assaults that were being inflicted on him … and his son” and to effect an arrest.
He told the magistrate that Oscar Beard was asked on the Triple Zero (000) call whether the men they were pursuing were armed and replied, “We are not sure”.
He said he and his client did not think what the men were doing that night, “loitering around” their property, hiding and banging on the door, was an innocent game.
“If it was a joke, it was not a joke that Jonathan or Oscar Beard were let in on that night,” Mr Edwards said.
CCTV, body-cam played to court
This afternoon, the court was played CCTV footage showing Commander Beard running down the street with the bat.
In other angles, he is seen without the bat outside an apartment building, confronting the two men.
The court heard Mr Mannes’ right shoulder was dislocated after he was held down.
In body-worn camera video, which showed the two complainants being spoken to by other officers, Mr Fendall alleges he was hit four or five times.
In the video, he dabs his mouth with a tissue.
In a different body-worn video, Mr Mannes holds his limp right arm and tells an officer he and his friends were “goofing around” in the street.
The hearing continues on Tuesday.Â