The former police partner of accused man David Jenkin has backed the story that officers acted within the rules before an alleged assault.
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Jenkin, now 49 and a Myrtleford police officer, is on trial for charges including intentionally causing serious injury to Corinna Horvath, after allegedly bashing the woman in her home as a constable in Hastings in 1996.
Horvath previously told Melbourne County Court she had been harassed by police.
Sergeant Stephen Davidson, who was a senior constable at the time, said the unroadworthy ticket placed on her Holden Torana on March 8, 1996 was a “routine traffic stop”.
“She just came across as someone who doesn’t like police,” he said.
He backed up Jenkin’s story that they saw Ms Horvath driving the Torana the next day, which led them to attend her Hastings home.
She denies she drove the car that day.
According to Sergeant Davidson, he saw a hostile Horvath walk towards police carrying a McDonald’s bag.
“I saw her hands on Jenkin’s shirt, she was marching him backwards,” he said on Wednesday.
“At one point I saw her kick him in the legs … I think he was recoiling, from memory.”
The officers chose to leave and report to their superiors they had been assaulted.
After backup arrived, eight officers returned to the Hastings property with a plan to arrest Ms Horvath.
Friends of Ms Horvath, who had been guests at her barbecue, have given evidence that police smashed the glass front door to force their way into the house.
But Sergeant Davidson said the door swung open when kicked by Jenkin without shattering glass.
He will return to court another day to continue his evidence, including what he saw of the alleged assault on Ms Horvath.
Dr Joseph Cacek gave evidence that Jenkin told him Ms Horvath fell during a struggle then he punched her three times, not the 10 as alleged by other witnesses.
He admitted he was concerned about seeing her in the police cells because she had been aggressive, but she calmed down during the examination.
Ms Horvath was spitting saliva and blood onto the walls, consistent with a broken nose; had a cut on her nose, and swelling to her jaw causing trouble swallowing.
Previous witnesses told the court they had seen Jenkin punch her to the back of the head, but Dr Cacek said there were no injuries in that region.
Jenkin also complained about pain in his shoulder and from the incident.
The medical report showed grazing to his hand and knees, bruises on his leg, a scratch to his chest and dried saliva on his arms.
Dr Cacek said the injuries were consistent with Jenkin’s statement that he punched Ms Horvath three times.
The trial continues on Thursday.
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