Butcher family “absolutely disgusted” with verdict
12th March 2009, 19:15 WST
A police officer left partially paralysed after he tried to break up a brawl outside a Joondalup pub said tonight that he was “absolutely disgusted” after a District Court jury cleared three men who had been involved in the violent fracas which left him fighting for his life. Const. Matthew Butcher was knocked unconscious by a “flying headbutt” which keft him with brain damage. The left side of his body is paralysed and his eyesight has been damaged.
The verdicts after a six week trial left senior police and front-line officers shocked and angry, with Police Union vice-president Chris Cassidy warning that the court outcome would have a devastating affect on police morale and recruiting.
The not guilty verdicts indicated that the jury, after deliberating for two days, was not satisfied beyond reasonable doubt that the police officers who went to break up a brawl outside the Old Bailey Tavern in Joondalup in February last year were acting lawfully.
As Const. Butcher was being wheeled from the court into a waiting police vehicle, he said: “I’m absolutely disgusted.” His wife Katrina said she was “utterly disgusted” at the verdicts. Tearful mother Gail Butcher said that police should not bother to turn up to incidents in the future. “Next time, let the animals fight each other,” she sobbed.
Mr Cassidy commented outside court: “I would think the difficulty with recruitment may be exacerbated by this result. Officers will look at this and wonder where the protection is coming from. Why would you join the police if this is the likely outcome.”
Robert McLeod, 56, of Joondalup, who has been too ill to attend court this week, was found not guilty by the jury of assaulting Const. Butcher. He admitted punching the officer three times in the stomach but said he was acting in self defence as his son was being assaulted by Const. Butcher and Sgt Gary Blackwood.
Barry McLeod, 29, of Currambine, was found not guilty of a charge of assaulting Const. Butcher and endangering his life and not guilty of a lesser alternative charge of doing grievous bodily harm to Const. Butcher. Barry McLeod said he acted instinctively by charging at Const. Butcher after seeing him use a taser stun gun on his father who had a heart condition.
He was also found not guilty of assaulting Sgt Blackwood and of assaulting former police officer Samuel Maguire who resigned from the police service shortly after the incident.
Scott McLeod, 35, also of Currambine, was found not guilty on charges of threatening a police officer, assaulting another police officer and obstructing a third officer.
The only guilty verdict returned by the jury was on a charge against Scott McLeod of threatening to kill a patron of the Old Bailey Tavern who filmed the fracas on his mobile telephone. He will be back in court today to be sentenced on that charge.
Minutes later, brothers Scott and Barry left the court building with members of their family but declined to comment.
One person who stopped to speak was Const. Butcher’s sister Vikki who said of her brother: “He is a husband, son and brother. This is a person who will now never be able to live the life he wanted to. No-one will ever understand what this has done to our family.”
She added that Matthew Butcher was only doing his job and she suggested that, by the verdicts, no police officer would ever feel safe again.
PERTH
ROY GIBSON
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