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WA Motorcyclist clotheslining copper in court, thought he'd get away with it.

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by robsalvv, Mar 8, 2012.

  1. http://www.smh.com.au/wa-news/cloth...oys-would-not-be-believed-20120307-1uktb.html

    'Clotheslining' cop thought boys would not be believed
    Aja Styles
    March 8, 2012 - 1:26PM

    A state prosecutor has painted a policeman on trial for clotheslining two Aboriginal teenagers aboard a dirt bike as a man who thought he could outsmart uneducated "local s..theads" because they wouldn't be believed.

    Matthew Gerard Owen Pow, 39, is on trial before a District Court jury accused of doing and an unlawful act that endangered the safety and health of two brothers, who were then aged 13 and 15.

    The boys, who have not been identified because of one of the brothers' long history with the law, were doubled up on a cousin's dirt bike and riding through a Karawara park around 9.30pm on Saturday, November 27, 2010, when they came off the motorbike and suffered injuries to their arms and one had a red cut to his mouth.

    Both boys have testified that they saw Mr Pow, who lived opposite the park, standing next to a tree with a rope in his hands, which had been tied to a light pole, after they fell from the dirt bike.

    Mr Pow has denied the claims, saying that he had been home watching television, chatting online and shifting a sprinkler when he saw the motorcycle and heard the engine cut out while going to investigate.

    During his closing address, prosecutor John Myers argued that Mr Pow's testimony had major inconsistencies, including when he first heard the motorcycle to running to the park to investigate.

    He said Mr Pow was a policeman, who had 15 years experience as an officer, including giving evidence in court, who was faced with allegations from two Aboriginal teenagers, who had a poor education, weren't well spoken and one had a criminal history.

    "Mr Pow knew that and police were more likely to believe him and people were more likely to believe him than a person of (the boy's) record," Mr Myers said.
    Mr Myers said Mr Pow was "more interested in proving how smart he was" than answering questions during cross-examination.

    Mr Myers told the jury that even though they may not accept all of the evidence given by the two boys because of small inconsistencies in their stories the important part was looking at the whole picture.

    Mr Myers said that even the boys' sister, who was not smoking marijuana or drinking and did not have a criminal record, testified that she saw a figure step back from the tree and possibly pull on something and identified that person as "officer Pow".

    "Who else was that person? Even Mr Pow said he never saw anyone else... running away in either direction," Mr Myers said.

    He said the boys had no reason to run away after the motorcycle fell unless they were running from a police officer, who had used a rope to pull them from their cycle.

    "The motorcycle has not been shown to be stolen, still after searching 12 months it's not reported to be stolen," Mr Myers said. "But it might give some insight to Pow's mind because he thought it was stolen."

    Mr Myers said a phone call made by Mr Pow that night to the police operations centre, which had been played to the jury, heard him saying: "look mate, my kids caught one of them breaking in the other week because they're local s...theads."
    He said Mr Pow did not want to admit how angry he was about the attempted burglary while testifying on the stand because he "didn't want to admit his animosity".

    "That he was simply sick of (the teenager), absolutely sick of him and affronted and angry because (the boy) tried burgling his house," Mr Myers argued. "And he saw the opportunity to do something about it on this Saturday night and didn't believe (the two teenagers) that they would be believed against a police officer."
    He said that the other consistent piece of evidence with the boys' testimony was their injuries.

    He said it was common sense that it was a rope burn even though a doctor only testified that it was consistent with an injury from a "lineal object".

    "Remarkable that both injuries were lineal in shape. A remarkable coincidence I would suggest to you (the jury)," he said in his address.

    He said it was also possible for both boys to receive the burns on their arms because according to the eldest brother, who was driving, he swerved and hit the rope at an angle.

    'Beyond reasonable doubt'
    Mr Pow's defence lawyer Karen Vernon today argued that her client, Matthew Pow, did not do it and there was no evidence to satisfy the jury beyond reasonable doubt that he did.

    She said credibility was an important issue in the case and it was up to the jury who they believed.

    While it had been argued that Mr Pow had "some type of advantage" being a police officer, who was older, with more of an education and career than the two boys, Ms Vernon argued that it was still up to the jury to assess the teenagers' demeanours when giving evidence and how they changed their story or couldn't remember parts of it.

    She said that the jury would also have to be satisfied that somehow Mr Pow was able to tie a rope in a park in time and target the teenager he believed responsible for the supposed break-in even though there was no forensic evidence to show that a rope had been tied to a light pole or any of Mr Pow's DNA.

    She said all of Mr Pow's ropes were white, with only one that had blue flecks in it, which did not fit the boy's description that it was a "dark rope".

    She said the eldest brother did not testify that he felt a rope hit him, simply that he felt himself "push back" and a doctor testified that the injuries they suffered were only superficial lacerations that were later downgraded to "mere grazes".
    Yesterday a friend and neighbour of Mr Pow, Sten Langman, told the court that he heard an argument on his street that night between a group of Aboriginal people, including one of the teenagers, and his neighbours, including Mr Pow.
    He said when he went to investigate one of the Aboriginal people, who was later identified as the boys' mother, accused him of hurting her son.

    "She said, when I approached, pointing at me, 'that's the one, that's the one who hurt my son'," Mr Langman said.

    He said that Mr Pow reassured him not to worry and explained what had happened but then two other Aboriginal women said, "we'll just say we saw you do it".


    = = = = = = = = = =

    Whaddya know... cops are humans and will say what they need to to save their necks... pity about the teenage necks he almost broke.


  2. Yes Rob, sounds like he was VERY close to breaking their necks.
  3. You know what Spruce, coppers are always high and mighty about the POTENTIAL injury caused by speeding and or reckless behaviour etc. Hell, there's a motorcyclist IN JAIL in NSW for having the audacity to speed through an industrial area in quiet hours injurying NO ONE.

    Now you come the raw prawn about a copper whose actions actually didn't end up injurying someone near to the possible potential?!

    That's a pretty clear demonstration of hypocrisy mate.
    • Like Like x 1
  4. ^Do i detect sarcasm? If they were going at 50km/h it would have been extremely easy for the rider at the front to break his neck if the rope impacted directly on his throat.
  5. I couldn't care less about what the cop did in WA, I just find it funny you relate two grazes to a near broken neck.

    Sure he lied about it and has been caught, sucked in to him. I'm not condoning what he did at all.

    If he wasn't a cop if would be interesting to see how people felt about someone clothes lining a couple of little angels. People would probably laugh.
  6. I don't see where there's been a verdict. At this stage it's only the prosecution saying he definitely did it. That's their job. Let's see what the jury think, based on all the evidence, before going off about it.

    Personally I have my doubts. For one thing, whilst I haven't tried it, I am deeply sceptical that anyone who tied a rope to a pole and then held the other end whilst a motorcycle rode into it would have much of their hands left.
  7. From my point of view PatB, looking at the evidence that was written into that article, it's going to be hard for the prosecution to get beyond all reasonable doubt.

    As it reads there sounds like there is a bit of doubt anyway.
  8. Just to clarify, although this looks like it might be a case of a personal feud that happened to result in a line being strung by one side in order to damage the other (if that is, indeed, what happened, which remains in doubt), I do not condone the actions of the stringer in any way whatsoever. If guilty, the book should be thrown.

    However, I have no sympathy whatsoever for the alleged victims either. Serial arseholes getting some back does not magically transform them into anything other than serial arseholes.
  9. Can the good folk of NSW expect this reasoning to continue in your policing duties mate? That you will weigh up the consequences of actions rather than the potential?

    Interesting prejudices you're displaying there by the way.
  10. What prejudices? Just so I understand where you're coming from.

    Also, talking on a forum about what someone did in WA is completely different from actual work. So don't worry.
  11. if your kids were the ones who got clotheslined and could of broken their necks would you still feel this way?

    if it was a normal citizen who did this to the kids, it would still be an uproar... there was simply other avenues this guy could of taken, rather than the extreme nature of having a rope take them out.

    its not right at all.
  12. The difference between a laceration and a more serious injury could only be a few millimetres.

    If someone was to shoot at you and miss, does that lessen the intent?
  13. If my kids were the little shits who ride their unlicensed and unmuffled dirt bikes roundandroundandroundandroundandroundandroundandroundandroundandroundandround my suburb for what seems, sometimes, to be 24 hours a day, I'd break their necks myself.
    • Like Like x 4
  14. It only has to be wrapped twice around the pole at the holders end, and you can hold it in your teeth,

    The wrap around holds all the forces. I use it to lower very heavy weights from heights, Just using the hand rails,
  15. Well yes, it's a different charge isn't it? Attempted murder -v- shoot with intent. I guess you're right though. Depends on how serious the shot was.

    Also, given Tony that the kid only received a minor graze, do you really think the rope would have broken his neck?
  16. i dont think so budd youre a disgrace
  17. Why is that Greg? Because I suggested how others may feel about the story?

    Didn't say it's how I felt about it.
  18. but it is obviously
  19. I said earlier, I don't condone what he did.
  20. i dont believe you