Shocking police bodycam emerges as disabled man allegedly beaten during arrest
Gavin Milne feared he would die as he lay bleeding on the footpath following the violent arrest.
A disabled Queensland man walking home after having a beer at a pub was left bleeding and begging for help on the footpath, after he was arrested by a police officer in a shocking case of mistaken identity.
Gavin Milne was walking along Russell Street in South Brisbane just after midnight on February 21 when he was allegedly approached by Constable Alistair North, who accused him of breaking into cars in the area.
Footage from the officer’s bodycam, obtained by 9News, shows the officer jumping into action when he sees Mr Milne walking alone down the street, confronting him from behind.
“You really going to make me arrest you?” the constable says, as a confused Mr Milne turns around to face him.
“Hey? Why? Why are you causing a f***ing problem bro?” the 55-year-old responds, before the officer allegedly shoves him in the chest, sending him falling to the ground.
“Get back from me,” Constable North warns, as Mr Milne tells him: “I’m disabled, mate.”
Mr Milne, who suffers from nerve damage in his leg, is forced back down to the pavement as he protests his innocence. Over 15 minutes, he is capsicum sprayed, struck over the head several times and knocked unconscious, needing emergency surgery for a fracture to his skull.
Constable North told the Brisbane Magistrates Court he was responding to reports of car break-ins, with the offender described as wearing a black hoodie, a black surgical mask and riding a push bike, 9News reported.
He also admitted that Mr Milne did not have a bike with him, and was not wearing a hoodie or a mask.
Mr Milne charged with obstruction, officer's actions deemed 'reasonable'
Weeks following the arrest, the Crime and Corruption Commission [CCC] received complaints from a concerned citizen in relation to excessive force.
According to 9News, four months after that complaint, Mr Milne was then charged with obstruction.
The CCC found Constable North’s actions to be “reasonable” and “lawful”, and while the Queensland Police Service did not take any disciplinary action against him, he did undergo further skills and tactics training.
Disabled man arrested for becoming aggressive, police tell Yahoo
A QPS spokesperson told Yahoo News Mr Milne was arrested after becoming "aggressive".
"It will be alleged the 55-year-old Macleay Island man became aggressive when officers attempted to speak with him and he was subsequently arrested," the spokesperson said.
"An internal investigation was conducted in relation to this matter and has since been finalised. The investigation was subject to Crime and Corruption Commission oversight. No disciplinary action was taken in relation to the members involved.
"The man was charged with obstructing police and as the matter remains before the Brisbane Magistrates Court, it would be inappropriate to comment further on the matter at this time."
The case will return to court next month.
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