Police actions have been called into question following the "disturbing" arrest of a man for trespassing in his home and an ensuing interview described as a "clear and egregious impropriety".
Subscribe now for unlimited access.
or signup to continue reading
All articles from our website
& app
The digital version of
Today's
Paper
Breaking news alerts direct to your inbox
Interactive Crosswords, Sudoku and Trivia
All articles from the other
in your area
"I have grave concerns for the manner in which the arrest was effected," special magistrate Sean Richter said on Wednesday, when he excluded certain evidence over police errors.
"A series of cascading failures on the part of police to do their job in accordance with the law."
Leonardo Baeza, 39, is facing an ACT Magistrates Court hearing after denying a single charge of aggravated common assault.
Baeza is accused of drunkenly grabbing a phone from a woman's hand on January 28 as she attempted to make a call during a home dispute. He allegedly made contact with her finger in the process.
The arrest
Despite Baeza telling police he lived at the home when they arrived, and the alleged victim agreeing the pair owned the property together, the accused man was arrested for trespassing.
Leonardo Baeza leaves court on Wednesday. Picture by Tim Piccione
"This isn't your house," police told him more than once, ignoring his protests.
In court, the magistrate said officers had shown a "complete lack of understanding about the law of trespass" and a "complete lack of curiosity" about who lived at or owned the home.
Mr Richter noted Baeza was argumentative but said that was understandable after police had no reasonable suspicion of a trespass offence the man was never charged with.
"Police have not asked the basic, common, simple questions that I often see in this court," the magistrate said.
"[The police officer] prejudged the situation and he did not turn his mind to the law at all."
Defence barrister and former acting director of public prosecutions Anthony Williamson SC said his client owned the property in question and was not barred from it by any court order.
Leonardo Baeza outside court with barrister Anthony Williamson SC, middle, and solicitor Tom Tiffen. Picture by Tim Piccione
"One would think that before a police officer takes the grave step of depriving someone of their liberty, they would at least have a reasonable or moderate understanding of the legal basis for the arrest," he said in written submissions.
Mr Williamson also told the court the arrest was unlawful due to the unnecessary level of force used by four officers.
"The defendant was face-planted into the ground whilst his hands were being held behind his back," the barrister said.
A prosecutor submitted the officers showed ignorance in carrying out the arrest but their actions had not been malicious.
"Given the power of police, ignorance is not ideal," she said.
- 4WD repeatedly rammed into another car while merging, police allege
- Jury unable to reach verdicts for former ANU student accused of rape
- Police searching for distinctive car they believe was used in a shooting
Ultimately finding the arrest unlawful, the magistrate said: "The video of the arrest was disturbing."
The watch house interview
On Wednesday, Mr Richter refused the inclusion of an interview Baeza gave to police at the ACT watch house following his arrest and while the accused man was dressed in only underwear.
"He ends up semi-naked in a cell surrounded by a number of police officers, including a female officer, and then he's interviewed in a cell in complete contravention of the commissioner's orders," the magistrate said.
Those police guidelines dictate that a person must be interviewed in an interview room equipped with video recording.
"The word 'must' in that direction is significant," the magistrate said.
Mr Williamson said interviewing Baeza in a cell ran the substantial risk of creating a "police-dominated atmosphere" where his client could feel pressured into making admissions.
"To interview him whilst naked is truly deplorable conduct on the part of police. It constitutes a clear breach of the right against inhuman and degrading conduct," the barrister told the court.
The prosecutor argued the desirability of including the interview in the hearing outweighed the undesirability of how it was obtained.
But the magistrate disagreed and also excluded the alleged victim's evidence in chief interview after finding it had not been conducted as soon as practicable as required by law.
Baeza is set to return on Thursday, when the court will hear if the case against him will continue or be resolved.
- Update: Leonardo Baeza was found not guilty of aggravated common assault on August 15, 2024.
Tim Piccione
Court reporter
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
Tim is a journalist with the Canberra Times covering the ACT courts. He came to the nation's capital via the Daily Advertiser in Wagga. Contact: tim.piccione@canberratimes.com.au.
More from Canberra
View all
DAILY
Your morning news
Today's top stories curated by our news team. Also includes evening update.
DAILY
Sport
The latest news, results & expert analysis.
WEEKLY
Note from the Editor
Get the editor's insights: what's happening & why it matters.
WEEKLY
FootyHQ
Love footy? We've got all the action covered.
DAILY
Early Look At David Pope
Your exclusive preview of David Pope's latest cartoon.
AS IT HAPPENS
Public Service News
Don't miss updates on news about the Public Service.
WEEKLY
Explore Travel
Every Sunday explore destinations, deals, tips & travel writing to transport you around Australia and the globe.
WEEKLY
Property
Get the latest property and development news here.
WEEKLY
What's On
Going out or staying in? Find out what's on.
WEEKLY
Weekend Reads
We've selected the best reading for your weekend.
WEEKLY
Times Reader's Panel
Join our weekly poll for Canberra Times readers.
WEEKDAYS
The Echidna
Sharp. Close to the ground. Digging deep. Your weekday morning newsletter on national affairs, politics and more.
TWICE WEEKLY
The Informer
Your essential national news digest: all the big issues on Wednesday and great reading every Saturday.
WEEKLY
Motoring
Get news, reviews and expert insights every Thursday from CarExpert, ACM's exclusive motoring partner.
TWICE WEEKLY
Voice of Real Australia
Get real, Australia! Let the ACM network's editors and journalists bring you news and views from all over.
AS IT HAPPENS
Breaking news alert
Be the first to know when news breaks.
DAILY
Today's Paper Alert
Your digital replica of Today's Paper. Ready to read from 5am!
DAILY
Your favourite puzzles
Test your skills with interactive crosswords, sudoku & trivia. Fresh daily!