Disturbing video shows a police officer repeatedly punching and kicking an Aboriginal man who accosted him – before being charged with resisting arrest and assaulting police.
Proughton McRae, 50, had just been released from Sydney’s Kings Cross police station when he verbally abused three constables in the car park.
Footage obtained by Daily Mail Australia shows the Aboriginal man then being punched in the chin by Senior Constable Dean Leo, knocked to the ground, kicked and repeatedly punched in the face.
Following his arrest, the NSW Police Force claimed in court that it was Mr McRae who first started the physical altercation by pushing Senior Constable Leo.
However, that account differs dramatically from what the video of the incident shows.
Scroll down for the video
Disturbing video has been released showing a policeman repeatedly punching and kicking an Aboriginal man who was then charged with assaulting police and resisting arrest. The video shows Senior Constable Dean Leo punching 50-year-old Profton McRae on the chin (above).
In the video, Mr McRae is seen being dragged to the ground and booted by Senior Constable Leo (above) but the policeman kicking him was not mentioned in the statement of facts presented to the court.
A statement of alleged facts written by police and submitted to the court claimed that 50-year-old and senior constable Leo ‘engaged in pushing and shoving’.
The statement of alleged facts said: ‘The accused punched Senior Constable Dean Leo in the chest area’.
However, the video shows that it was the 39-year-old policeman who first made physical contact with the man.
CCTV video shows Senior Constable Leo putting his gloved left hand around the man’s neck before Mr McRae pushes him back. The policeman then punched Mr McRae in the chin.
The man was dragged to the ground and Senior Constable Leo was seen kicking him in the body.
Senior Constable Leo and two other officers spent three minutes restraining the man.
The police statement of alleged facts admitted that Senior Constable Leo repeatedly punched him in the face and hit him in the ribs with his extended stick.
The Aboriginal man was later charged with three counts of assaulting police, three counts of resisting arrest and one count each of assaulting police causing actual bodily harm and causing offensive behaviour.
After the video was presented to the court, eight charges against Mr. McRae were withdrawn and dismissed. He was arrested on October 16, 2019.
A complaint about Senior Constable Dean Leo’s conduct was lodged but was not sustained following an internal investigation and no action was taken against him.
The retired police officer declined to discuss the arrest as he walked barefoot from the shopping center on Friday.
‘What does that have to do with you?’ When asked about the video, he said. ‘Get away from me.’
According to a statement of facts, Senior Constable Dean Leo was forced to deliver ‘discretionary’ and ‘disruptive’ punches to Mr McRae’s head and a ‘defensive’ baton to his ribs. He has since left the police force and was pictured outside a supermarket on Friday
That day, the Aboriginal man returned to King’s Cross station shortly after being released from the cell for an undisclosed matter.
A police statement of alleged information described Mr McRae as having an extensive history of assaulting police, resisting arrest and spitting at police.
‘The accused has a lot of caution for this behavior as the accused has an extensive history of interactions with the police and has a deep hatred and dislike for the police,’ court documents said.
According to police, Mr McRae immediately became aggressive at the station, calling officers ‘white dog c**ts’ and accusing them of not returning his property.
About three minutes after McRae arrived at the station, the video shows Senior Constable Leo and two of his colleagues following him up the street steps.
Police alleged that Mr McRae walked ‘menacingly’ towards the three officers, shouting ‘you have to fight me’.
About three minutes after McRae entered the station, the video shows Senior Constable Leo (far left) and two other officers following him down the stairs. Once outside the station Mr McRae began waving his arms and ‘became more and more aggressive and aggressive’.
Three officers are seen beating up the tribals
According to the police statement of alleged information, Senior Constable Leo feared being assaulted by Mr McRae after being ‘pushed and shoved’.
“The accused appears to be collecting saliva in his mouth,” the statement said. ‘In an attempt to stop the spat, Senior Constable Dean Leo performed a discretionary defensive maneuver and punched the accused in the chin.’
The video shows Mr McRae being dragged to the ground and Senior Constable Leo being booted but there is no mention of the policeman kicking him.
According to the statement of facts, Mr McRae grabbed Senior Constable Leo by the throat and the officer punched him again in the face ‘to choke or choke’.
Police allege Mr McRae tried to punch Senior Constable Leo, scratched his neck and chest and threatened to kill police.
‘Senior Constable Dean Leo escalated the use of force by using a closed fist to punch as a distraction tactic, fearing for his safety,’ the statement of facts said.
‘Many times the punch is connected to the face of the accused.’
According to the statement of facts, Mr McRae grabbed Senior Constable Leo by the throat and the officer punched him in the face ‘for neck questioning or choking’.
The video shows Mr McRae being forced to his knees and Senior Constable Leo’s knee being held onto his back and his head pushed forward before being pulled to his feet.
Police alleged that Mr McRae bit Senior Constable Leo on the hand as he tried to turn his head to stop him spitting at him.
“Police used numerous close strikes and knee strikes to bring the accused under control to stop the violence,” police documents said.
Senior Constable Leo then used his extended baton to strike Mr McRae in the ribs, while he grabbed the officer’s shirt.
‘These maneuvers appear to have been somewhat affected by the release of the accused’s grip,’ the statement of information said.
According to police, Mr McRae then tried to grab Senior Constable Leo’s pistol.
After Senior Constable Leo ‘increased the use of force’, the officers eventually performed a wrist lock on Mr McRae and handcuffed him.
The video shows Mr McRae being lifted to a kneeling position and held by Senior Constable Leo’s knee for a further minute and his head pushed forward before being pulled to his feet.
The crowd witnessed the incident.
A spokesman for the NSW Police Force told Daily Mail Australia that Mr McRae had been charged with ‘being involved in an altercation outside Kings Cross police station’.
‘Following a review of the evidence, those charges were withdrawn in November 2019,’ the spokesperson said.
‘An internal investigation was conducted following a complaint against an officer linked to King’s Cross PAC.
‘That complaint was not sustained and no further action was taken.’
Senior Constable Leo is no longer with the police force.
Read Full News Here