Jailed cops deny beating woman had ‘gratuitous cruelty’
Two police officers who punched, kicked and pepper-sprayed a naked woman claim in a new legal challenge that their attack did not involve unnecessary cruelty.
Senior constable Nathan Black, 29, and constable Timothy John Trautsch, 31, attacked a 48-year-old woman in Sydney’s west in January 2023 after being called for a welfare check.
The woman, who was experiencing a psychotic episode, was pushed onto the road, repeatedly kicked in the head, dragged by her hair and punched during the 18-minute attack.
At one stage two officers struggled to handcuff him to the ground as he lashed out with his arms.
The woman was sprayed with pepper spray multiple times, including in her face and once in her back, which was scraped after she fell onto the road. The pepper spray also got into his genitals and caused great pain.
Black and Trautsch, who were dismissed from the force, were each sentenced to more than five years in prison by Judge Graham Turnbull in August.
“These two criminals were gratuitously cruel… they first lost their professionalism and integrity, and then their composure and control,” he said.
“They launched into the attack with an emotionally high level of anger, frustration and, indeed, malice, thus deliberately expending two cans of OC spray.”
The former officers appealed against their sentences in the NSW Court of Criminal Appeal, claiming their prison terms were clearly excessive.
Among their grounds of appeal, they argue that the judge erred in finding that the crimes were aggravated by wanton cruelty and abuse of power and trust.
Judge Turnbull emphasized that a strong message should be sent in his decision.
“These criminals were employed as police officers and therefore were understood to be working in a trustworthy environment,” he said at the time.
“The victim has the right to assume that the person will not abuse the trust placed in him or her.”
Black and Trautsch were convicted after pleading guilty to common assault and unauthorized use of a prohibited weapon, such as pepper spray.
Black also pleaded guilty to two further charges of knowingly passing protected information after showing footage of the attack to another police officer.
Their appeal will go to the Court of Criminal Appeal later this year.
Footage of the attack on the woman sparked widespread condemnation after it was broadcast on the ABC’s Four Corners program in June as part of an investigation into police brutality.
This comes amid growing calls for police transparency following accusations of unnecessary violence, particularly after chaotic protests in February against a visit by Israeli President Isaac Herzog.
In late June, the police watchdog released a scathing report revealing widespread bullying, sexual harassment and bullying within the NSW Police force.
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