A lawyer for a Warrnambool police officer will argue whether the man was acting in self defence when he allegedly assaulted another man while on duty in June 2020.
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David Macphail, 64, was charged with recklessly causing injury and common law assault following an investigation by the state's corruption watchdog into an alleged incident at Warrnambool nearly three years ago.
He appeared remotely in Melbourne County Court on Thursday, April 13, for a directions hearing.
IBAC allege Mr Macphail struck a male victim to the head with handcuffs during a triple zero call-out at a Warrnambool property where a woman was seriously injured.
At the time of the alleged incident the Senior Constable was on duty.
On Thursday barrister Chris Wareham, representing Mr Macphail, said there were a number of issues in the case, including whether the police officer acted unlawful in his execution of duties, if there were reasonable grounds to use force to arrest, if the force was reasonable and proportionate and if he was acting in self defence or in defence of another.
The Senior Constable will contest the charges at a trial in Warrnambool County Court at the next circuit starting July 3.
Mr Macphail will appear in court again on that date.
The trial is expected to run for between five and seven days.
Judicial registrar Alex Wilson extended Mr Macphail's bail on the same terms and conditions.
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Jessica Howard
jessica.howard@warrnamboolstandard.com.au
jessica.howard@warrnamboolstandard.com.au
