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After that he would expect the pain to settle down. In his opinion, the grabbing of Sluts in birdwood wrist, coupled with twisting the arm behind the back while keeping the arm straight was "absolutely" consistent with the plaintiff's injury. Significant force would be required to cause an injury of this type as it involved the breaking of bone. Such an injury would be very painful. If a person's wrist and upper arm were grasped, followed by the arm being twisted up a person's back, Dr Wilkes would not expect to see an injury of the type suffered by the plaintiff.

In such circumstances, he would expect to see a shoulder injury if sufficient force was applied. He described stopping at Bennett Park and speaking to a group of five or six drinkers. He asked them to pour out their alcohol and leave. Members of this group did so. The plaintiff said that she was not going and resisted ACPO Divine's attempts to help her to her feet. The plaintiff appeared intoxicated and abused him in foul language. This was consistent with 3 or 4 previous occasions when the second defendant had placed the plaintiff in protective custody. Sluts in birdwood second defendant described how he picked up the plaintiff by her upper left arm while ACPO Divine had one hand on her upper right arm and the other hand on her right wrist.

The second defendant said that the plaintiff tried to pull away and he then grabbed her left wrist and moved her left forearm up her back. The second defendant denied that there was any hyper-extension of the plaintiff's left arm. The second defendant claimed that he used minimum force employing a technique which he had used in the past without difficulty on hundreds of occasions. The second defendant and ACPO Divine then walked the plaintiff five or six metres to the rear of the Police vehicle where, after the door was opened, the plaintiff climbed into the caged rear of the vehicle.

According to the second defendant, the roof-mounted loud speaker has a range of around metres. ACPO Divine then escorted the plaintiff to the watch house reception where she was left in the company of Auxiliaries Smith and Norton. The plaintiff continued to be verbally abusive. According to the second defendant, at no stage of their encounter did the plaintiff complain of any pain in her arm, either to him, ACPO Divine or either of the female auxiliaries at the watch house. On his account, the persons who had been drinking with the plaintiff left the scene after his request to do so.

The plaintiff swore at him and said that "she was not moving for anyone" and words to the effect that she was "sick of police officers tipping out grog and picking on us. The plaintiff continued to resist by swinging her legs and attempting to flop back down on the seat or ground. ACPO Divine gave evidence that the second defendant put the plaintiff's left arm behind her back before she walked to the rear of the police vehicle with the two police officers. The plaintiff continued to verbally abuse them, but said nothing about being in pain. ACPO Divine conceded that he cannot now say precisely how the plaintiff's arm was positioned when the second defendant grabbed it. He also denied that the second defendant either used his finger to gesture at the plaintiff or used the vehicle's public loud speaker during the journey.

ACPO Divine did not hear the plaintiff complain of pain at Bennett Park, during the journey to Berrimah watch house or to either of the two female auxiliaries at the watch house reception. She gave evidence that she has no specific memory of the events of 19 March in relation to the plaintiff. She cannot recall if the plaintiff requested pain relief on that day. However, her evidence was that her standard practice then and now was to provide painkillers if requested, regardless of whether she considered that they were necessary. She also gave evidence that requests for pain relief would be noted in the watch house computer records and that there was no indication of such a request by the plaintiff in the records for 19 March Exhibit 4.

Bryant made entries on the computer at the plaintiff's reception and later in relation to cell checks Exhibit 4. She recalls that when the plaintiff was brought to the watch house reception, the plaintiff was verbally abusive, unco-operative, reluctant to go to a cell and intoxicated. The plaintiff claimed to have a sore right wrist. Bryant examined, touched and twisted the plaintiff's right wrist which appeared, to her, to be normal. There was no sign of injury or swelling. The plaintiff did not ask for pain relief. In order to test her wrist, Auxiliary Bryant thrust or threw a blanket towards the plaintiff. According to Bryant, the plaintiff grabbed the blanket without any sign of pain or discomfort.

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According to Bryant, any complaints of bidrwood and any requests for pain relief would be noted on the watch house virdwood records. There are no such entries for 19 March According to Auxiliary Bryant this means that the plaintiff had no obvious signs of pain, bifdwood or illness upon her arrival at the watch house. Submissions, Findings and Judgment [40] Mr Howse for the birdwoov reduced the issues in this case to three questions: Aside un giving three different dates for the current incident, the plaintiff was referred to medical records relating Birdwoos her Sluta admission following an occasion when she Steps to make a guy fall in love with you herself in the left arm twice and the left leg once.

The plaintiff was adamant that this incident occurred in"long after" the time her arm was broken in Bennett Park. The hospital records show ib she was admitted on 22 Aprilless than 4 weeks after her broken arm had been operated upon in March birdwooe Dr Wilkes' evidence was birvwood that the plaintiff's arm could have been broken up to seven Slkts before the x-ray was taken on 26 March With respect to the watch house staff, Mr Howse stressed that Auxiliary Smith had no recollection of the particular day while Auxiliary Norton does recall the plaintiff complaining of wrist pain. In Mr Howse's submission, Ms Norton's explanation of recalling, in the witness box, that the plaintiff was complaining of pain in her right wrist through visualising the scene almost a year later is unconvincing.

Mr Lawrence submitted that it is inherently improbable for the second defendant to have used the level of force suggested or for the watch house staff to have ignored the plaintiff's complaints of wrist pain and requests for pain-killers. In contrast, the plaintiff first sought medical assistance six days after the encounter with the second defendant at Bennett Park. In Mr Lawrence's submission, the plaintiff's evidence that she was not drunk, did not struggle and said nothing offensive to the police until after her arm was broken flies in the face of the evidence of both the apprehending officers and the watch house staff.

There is no doubt, and I so find, that the plaintiff's left arm was broken by 26 March There is no doubt, and I so find, that there was a confrontation between the second defendant and the plaintiff at Bennett Park on 19 March The essential issue in this matter is whether the plaintiff's broken arm was caused by the second defendant. In very large measure, the answer to that question rests upon the respective credibility of the plaintiff and the second defendant. There is no corroboration of the evidence of the plaintiff or the evidence of the second defendant as to precisely what occurred between them at Bennett Park - albeit that the second defendant's version of events finds a great deal of support in the evidence of ACPO Divine and the Berrimah watch house staff, auxiliaries, Smith and Norton.

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