By Lyndall Barnett
MELBOURNE — On January 20 Scott Baker was acquitted in Magistrate's Court of false charges laid against him by police who arrested and assaulted him in Collingwood last year.
In the afternoon of September 4, the 21-year old Baker was walking along Collingwood's Smith Street to buy film for his camera. A cruising black car pulled into the curb and its passenger, identifying himself as a police officer with the Russell Street District Support Group, motioned Scott over to the car and demanded his name and address and an explanation of what he was doing and the contents of his bag.
When Baker refused to comply — citing previous abuse and violations of his rights at the hands of police — he was dragged into a nearby undercover car park and assaulted. As he screamed for help, his hands were handcuffed behind his back and he was pushed back out onto the street and forced face-down into the gutter.
He was compelled to lie in this position for 20-30 minutes while awaiting the arrival of the divisional van. During this time, one of the officers knelt on Baker's head, forcing his face into the asphalt, and gouged his fingers painfully into Baker's ears and neck. When warned by his mate, he broke off to wave his identification at passers-by, explaining that he was engaged in "police business".
Upon arriving at Russell Street, Baker was denied the customary phone call and was locked in a small room. Still handcuffed and refusing to answer any questions, he was thrown across the room, kicked and punched by one of the arresting officers. Scared, Scott offered to tell him anything, but the officer informed him that it was "too late for that".
When Baker's bag was searched, a bread knife, which he had taken to a picnic on the previous day, had been discovered. After continuing the assault for a while, the police officer proposed that Baker confess to having intended to rob a 7-11 store using the bread knife. Seriously believing the officer to be deranged, Baker agreed.
He was charged with loitering with intent to commit an indictable offence, carrying a dangerous article without lawful excuse and two counts of resisting arrest, and was released.
After visiting St Vincent's Hospital for a medical report, Baker consulted the Fitzroy Legal Service, which helped him get legal aid and provided him with advice and support during the months preceding the trial. On their advice, Baker filed an official complaint against the arresting officers. A police internal investigation is currently in progress.
Baker's case provoked a lot of interest and outrage, and his supporters covered the Fitzroy-Collingwood area with graffiti and incident. In retaliation, some 15 police raided his house for "drugs", removing copies of the poster and the files containing all of Baker's materials for the impending court case.
At the trial, police took the unusual precaution of searching those of Baker's supporters who could fit into the tiny courtroom. Extra police had been called in from Russell Street headquarters in case of unspecified "trouble".
Inside the court, the arresting officers presented a completely new story. Scared by rumours of a witness to the assault in the car park, they claimed to have observed Baker trying to break into two houses prior to the arrest.
They produced, as evidence, the typewritten transcript of an "interview" in which they accused Baker of attempted burglary. Examination of the "original", handwritten account of the "interview" in the officer's day-book revealed questions and answers written, then crossed out, in the quest for the perfect confession. Baker denied the interview had ever taken place.
The magistrate judged that Baker's story was "believable" and that police could not satisfactorily prove "beyond reasonable doubt" their version of events. Baker was therefore declared acquitted of all four charges.
Baker was very lucky in the magistrate to whom he was assigned. Some magistrates have never acquitted anybody standing against the police.
While the case was attended by a representative of the police internal investigation of Baker's complaint of his treatment, Baker has little hope of his vindication in that court.
He commented that fairly overwhelming evidence was needed for police to convict other police. Increasingly, the police force operates as a "law unto itself", self-appointed punisher of those socially undesirable types who don't fit its white heterosexual ideal.
Meanwhile, the appeal of Shannon Ewart, a woman who was discovered writing graffiti against police violence around South Melbourne police station and subjected to intense sexual and other physical violence in custody, is yet to be heard.