A senior police constable from Warrnambool will stand trial over an alleged assault that occurred while he was on duty in 2020.
David Macphail has been charged with with recklessly causing injury and common assault following an Independent Broad-based Anti-corruption Commission (IBAC) investigation into the incident.
It is alleged Mr Macphail committed the offences while on duty in Warrnambool on June 9 2020.
The Warrnambool Magistrates' Court heard Mr Macphail allegedly struck the male victim in the head with a pair of handcuffs during a triple-0 call-out at a Warrnambool home.
He has pleaded not guilty to the first charge and the second has been uplifted.
'Volatile situation'
Mr Macphail remained still throughout the court proceedings, watching witnesses and occasionally taking notes.
The court was shown body-worn camera footage of the alleged incident in which Mr Macphail and another police member attempted to arrest the man.
The court heard Mr Macphail allegedly struck the man in the head with a pair of metal handcuffs, a charge his lawyers are contesting.
The defence told the court their client was not aware he had the cuffs in his hands.
The alleged victim told the court he "got pepper sprayed and hit quite severely."
The other attending police member told the court Mr Macphail deployed pepper spray.
"Macphail sprayed [the alleged victim] while we were trying to get [his] hands behind him, which deflected and hit me in the face," the officer told the court.
"After about 20 seconds of the struggle, we got the cuffs on.
"It was a dynamic … volatile situation."
A Victoria Police expert told the court the incident did not seem like "an accident".
Mr Macphail, who unsuccessfully ran for election for the Warrnambool City Council in 2016, was granted bail.
He is scheduled to front the Melbourne County Court for a directions hearing in December.
