Tuesday, October 21, 2008

Constable Timothy Hesketh Accused of Fracturing the Back of a Prisoner

A police officer accused of fracturing the back of a prisoner when he slammed on the brakes of a police wagon went on trial in Palmerston North yesterday.

Constable Timothy Edward Hesketh's "braking without cause'' last November also sent one colleague flying from his seat and swear words flying from others, the High Court heard.

The Crown alleges Hesketh's actions were responsible for the paralysis of 46-year-old Mark Edwards, who suffered a fractured dislocation of his spine.

It left him with loss of sensation and paralysis of all four limbs, the jury was told.

Hesketh is charged with reckless disregard causing grievous bodily harm and faces a maximum seven years' imprisonment if convicted.

Mr Edwards had been arrested for trespassing at a former girlfriend's home after five police officers were called to assist.

After a 40-minute struggle to extricate an intoxicated Mr Edwards from the Palmerston North address, he was arrested and loaded into the police wagon about 1.30am on November 4, 2007, the court heard.

Three officers gave evidence that the drunk man had walked unsupported into the back of the vehicle to sit on the bench seat.

It was not until they arrived at the police station that Mr Edwards was found lying face-down on the van floor, unable to move on his own.

It took four officers to carry the 183cm, 110kg man into the cells.

But Hesketh claimed Mr Edwards was dragged from the address and placed in the footwell of the van's compartment in the recovery position, Crown prosecutor Ben Vanderkolk said.

Hesketh ``overstated the aggression and resistance'' of Mr Edwards before the arrest after he heard him making a complaint of police brutality against him on the phone to a police operator, Mr Vanderkolk said.

Constable Jymahl Glassey said that when Hesketh braked at the intersection of Albert and Church streets, he left his seat and hit a barrier rail in front enough for another officer to ask if he was okay.

Back at the station, Mr Edwards' persona had changed and he noticed blood on his face, he said.

``In the cells he looked puffed and tired and lacking energy ... he was a different man. I thought maybe he had heart problems or something.'' Mr Glassey said.

Defence counsel Susan Hughes QC read from Mr Glassey's police report that Mr Edwards' injuries appeared to be as a result of being taken to ground and his head hitting the pavement.

``That's what I believed happened at the time, I've used the words, `appear to be as a result','' Mr Glassey said.

Constable Matthew McFlynn said he too went forward in his seat when Hesketh braked.

``I think I said `Shit' because I got a fright and I think someone else said the same thing.''

He too saw injuries on Mr Edwards after the trip in the wagon.

``His feet and his legs looked limp ... he couldn't walk himself.''

Each officer who gave evidence said they considered Hesketh to be honest and level-headed in carrying out his duties.

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