Disturbing footage showing a police officer beating an innocent man in front of his sobbing son has been released as the cop’s desperate bid to clear his name is dismissed.
NSW Senior Constable Jay Maleckas was found guilty of unnecessarily punching and using capsicum spray on father Steven McIvor outside the Castle Hill metro station in north-west Sydney on September 5, 2020.
The officer of 21 years also had his appeal against the conviction thrown out by Judge Stephen Hanley in Parramatta District Court on Monday, the Daily Telegraph reports.
Footage recorded by Mr McIvor and captured on police body cams shows the tense exchange which followed a plea for help from from the dad after he was confronted by a group of ‘eshays’.
NSW Senior Constable Jay Maleckas was found guilty of unnecessarily punching and using capsicum spray on father Steven McIvor in September, 2020 (pictured, Mr McIvor following the assault)
The beginning of the video shows Mr McIvor repeatedly asking Maleckas if he could speak to a sergeant and if he was under arrest while Maleckas blocked him from moving along the footpath.
Eventually Maleckas told the distressed father that he was under arrest ‘to prevent a breach of the peace’.
Mr McIvor was then told to get on the ground and was tackled as his seven-year-old son cried while crouched next to him.
The young boy was then moved to the side and watched in horror as Maleckas capsicum-sprayed his father to the point he could no longer breathe as he was punched him nine times, causing his head to bleed profusely.
Throughout the assault, Mr McIvor told the constable he was willing to cooperate, saying: ‘I’ll do whatever you want sir, tell me!,’ and ‘I’m over it, I’m over it, let me go!’.
Eventually Maleckas let the father roll onto his side and strangely went over to comfort the hysterical boy.
While walking to the police car behind his handcuffed father, Mr McIvor’s frightened son asked Maleckas: ‘Can you not kill him?’
Maleckas (pictured outside Parramatta District Court on Monday) was found to have used unreasonable force on Mr McIvor after arresting him with ‘no basis’
Mr McIvor’s seven-year-old son (pictured crouched next to his father during the assault) cried and asked Maleckas ‘not to kill’ his father
Maleckas told the boy: ‘Oh I’m not going to kill him mate, I’m not going to kill him. He’s alright.’
The seven-year-old insisted: ‘But you have a gun.’
Maleckas shut down the exchange, saying: ‘Nah, I’m not going to shoot him. I’m not going to shoot him mate.’
The court heard Mr McIvor had called for police claiming ‘about 50 little kids’ had threatened him with violence on the metro station platform after he’d left the nearby Hillside Tavern.
He admitted he was ‘slightly’ affected by alcohol at the time and was in a ‘heightened emotional state’.
However, police seemingly didn’t respond to Mr McIvor’s call so he started to walk towards the local police station to make a report.
It was on his way to the station that he was confronted by Maleckas, who had two probationary constables shadowing him to learn about the job, at about 4pm.
The judge noted neither of the rookies wanted to arrest Mr McIvor.
Mr McIvor (pictured with Maleckas moments before the attack) had called for police after a group of ‘eshays’ threatened him Castle Hill metro station in north-west Sydney
Video shows Maleckas yelled ‘don’t you bite me, don’t you bite me you c***’ at Mr McIvor in between capsicum-spraying and beating him.
Judge Stephen Hanley found Maleckas had ‘no basis’ to arrest Mr McIvor, noting: ‘Even if it had been lawful the appellant (Maleckas) needed to use reasonable force.’
Outside the court on Monday, Mr McIvor said the verdict left him ‘relieved’.
‘(It’s been a) big three years,’ he told Seven News.