A woman who was allegedly unlawfully arrested and assaulted by NSW Police spat on an officer in reaction to being pepper-sprayed, a court has heard.
Senior Constable Mark Anthony Follington, 61, has pleaded not guilty to five charges including evidence-tampering after the May 2019 arrest in the southwest Sydney suburb of Liverpool.
Follington is accused of twice assaulting Anya Bradford, who'd been asked for her ID in the gaming room of the Golden Fleece Hotel, and then falsely accusing her of assaulting him and resisting arrest.
Ms Bradford said it felt like her body was "set on fire" when she was pepper-sprayed by Follington's junior partner, Constable Mark Brown.
The 25-year-old accepted defence barrister Ray Hood's assertion that spit from her mouth landed on an officer but said it wasn't deliberate.
"I spat out mace from my mouth and if hit someone it wasn't my fault," Ms Bradford said before magistrate Michael Crompton at the Downing Centre Local Court on Tuesday.
"I wasn't given a chance to rinse my mouth out. It would be wrong of you to accuse me of spitting on someone given my ordeal."
In a statement read out to court Const Brown said when the officers asked for her name, the woman told them to "f*** off".
Const Brown said the pair continued to follow Ms Bradford, who "screamed and abused" them.
He then heard Follington inform Ms Bradford she was being placed under arrest, but did not know why.
A struggle ensued and Ms Bradford broke away before making multiple attempts to hit Follington in the groin, Const Brown said.
Prosecutor Claire Robinson on Monday said Follington spoke to his junior partner the night of the arrest about the potential of the woman's phone data being downloaded.
"We will be fine as long as we keep to the story," the prosecutor quoted Follington as saying.
Primarily based on Follington's account, Ms Bradford was charged and spent a night in custody.
CCTV shows Follington grab her arm, leading to a scuffle in which the Crown alleges the officer shoved the woman's head into an ATM.
Ms Bradford was tasered twice by the junior officer as she ran out the door to the Liverpool Community Corrections Office building foyer.
Follington pulled Ms Bradford out of the building's lift, propelling her into the opposite wall, the court heard.
He then pushed his forearm under her jaw after she was handcuffed, Ms Robinson said on Monday.
The senior constable allegedly later authored a false narrative on the internal police database and in court documents that claimed Ms Bradford initiated contact in the pub's gaming room by pushing him and causing him to lose balance.
Const Brown on Tuesday said he did not see Ms Bradford initiate contact.
Senior police later reviewed the material in the case and advised Ms Bradford's charges be dismissed.
Follington faces charges of tampering with evidence with intent to mislead a judicial tribunal, doing an act intending to pervert the course of justice and modifying restricted data held in computer, and two counts of common assault.