A police officer has lost a bid to have his charges dismissed after he kicked an Indigenous teen in the face while he was handcuffed and in a “vulnerable” position.
Christopher Borg faced Sydney Downing Centre Local Court on Wednesday to apply to have his two charges of common assault thrown out for mental health reasons.
The 42-year-old pleaded guilty to assaulting a “vulnerable” teenager without provocation when he was a senior constable with the NSW Police.
The vicious attack was sparked when he was conducting plainclothes surveillance on a stolen Audi Q5 in western Sydney on September 13, 2022.
According to the police facts, Borg and his undercover colleagues saw three males walking towards the stolen car and pursued them on foot.
A 16-year-old Indigenous male was arrested after a short chase. He was handcuffed and led back to the stolen car, where he was made to sit on the gutter.
The police facts state the teen was continuously compliant with police.
The 16-year-old was sitting on the gutter when Borg approached him just before 11pm and kicked him in the face without any provocation.
The force of the kick to his chin caused the handcuffed teen to fall backwards onto the pavement.
A video shown to the court captured Borg walking away from the victim momentarily before returning to attack the teen again.
The police facts reveal he bent down towards the handcuffed teen and spat on him while he was defenceless.
Magistrate Susan Horan noted the victim was “vulnerable” at the time of the “unprovoked” attack.
“He had no ability to defend himself,” she said.
“The spitting is also serious, noting the Covid ban (at the time).”
The magistrate slammed the “unlawful attack” on the Indigenous teen and said it was clearly not done in the execution of his police duties.
Borg’s lawyer Warwick Anderson “conceded the conduct is serious”.
The court was told the senior constable had been struggling with “reduced tolerance”, “irritability and escalating aggression“ as a result of his poor mental health.
Mr Anderson asked the court to dismiss the assault charges on mental health grounds after submitting documentation which revealed Borg has been diagnosed with adjustment disorder, depression, and anxiety.
The court heard the 42-year-old has been receiving treatment at a clinic in Coogee since 2020.
Magistrate Horan accepted Borg had mental health impairments but declined to dismiss the charges on mental health grounds.
“There is a significant and overwhelming public interest in these matters … and in preventing, deterring, and punishing police violence,” she said.
Borg will return to court on May 12 to learn his fate over the unwarranted attack.
He had served as a police officer for 11 years before the vicious assault.
The court heard the 42-year-old is no longer employed by NSW Police.
