The Horse Punching Controversy: The Problem of Video Evidence By Ian Wilson LL.B (Sydney)
There is internet controversy about a photograph which appears to show a Sydney man punching a beautiful police horse, which looks utterly dreadful. However, many sites have shown footage that they think indicates that it was not a punch, but a push, presumably out of self-defence.
I have examined the video many times and am not sure. It could be interpreted both ways, as a push or a hammer punch, as we do not get a clear view of the contact except for the final moment. It may not be possible to determine this at all from either video evidence or witnesses, unless the horse is able to speak and testify! It is virtually impossible to differentiate between a defensive push, and a hammer punch used offensively in this situation. It will be fascinating to see how the court deals with this, and if lockdown is over, I will probably attend in the public gallery.
Let me add the usual caveat in these weird times. I take a dim view of law breakers, who are going to make the situation we have here in Sydney even worse. All that will result from their anger and violence is another spreader event, and even longer lockdowns. Many will have time to reflect upon this folly of law-breaking in jail, following their assault of police. People, stay home and do not break the law!
That said there is still another legal question about the rights of the accused, according to a report in our Sydney Morning Herald:
“Barrister Hollie Blake told Central Local Court on Thursday the legal team were still having difficulty obtaining instructions from Mr Pulkownik, as the court previously heard on Tuesday.
“This is Corrective Services continually making it impossible for my client to have access to his legal representative,” she said.
Magistrate Mark Richardson said there was a note on the file, with Wednesday’s date of July 28, that said Mr Pulkownik was “unfit to attend court”.
“He’s receiving medical treatment, that’s what I know to be the facts,” he said. “What do you expect me to do?”
Ms Blake asked for contact to be made with the jail.
Within half an hour, Mr Richardson said he had been advised from Parklea prison that Mr Pulkownik was “refusing to be tested” for COVID-19.
“Your client ... has been in the community and is at risk to others as he could be COVID positive,” he said. “Your client is in isolation. They are not prepared to put him on screen, I assume, although that’s not what the note says.”
He suggested the matter could be taken to the NSW Supreme Court, although Ms Blake requested a date in the Local Court in two weeks.
Outside court, solicitor Tony Nikolic said he had not been able to speak to Mr Pulkownik beyond a five-minute phone call when he “absolutely” indicated he wanted to apply for release from custody.
“The fact that we cannot get access to our client still looms large here,” he said. “No one’s getting that access. The fact that, perhaps, COVID may be an issue ... I’m sure we’ve got the technology here these days to get a telephone, even if it’s in a plastic bag, wipe it down, we can do that.”
In-person visits have been suspended at Parklea Correctional Centre since Sydney’s lockdown began in June.”
Covid has created enormous problems for the operation of due process of the law. I am aware that many Facebookers are saying that this is just like the US situation, but trust me, as a lawyer, our system is far superior to the Americans! I still have faith in the law. The courts will decide this fairly. These are difficult times, to say the least, but people need to keep it together. And, if in lockdown, stay in and you won’t have any problem with police horses!
“NSW Police have posted a photograph to social media which appears to show a protester at Saturday’s freedom rally punching a police horse in the face.
The image was posted to the force’s official Facebook page with the caption: “We are working on getting an update on the horse’s condition.” “Good news!” a later update read. “Troop horse Tobruk was not injured and is recovering back at the stables after a hard day’s work.”
A follow-up post from the Mounted Unit said: “Our beautiful brave Tobruk safe and uninjured after his awful encounter today. Thank you again everyone for your words of support.”
Within minutes the image went viral, with numerous high-profile figures and influencers sharing the photo across social media, as users dubbed the man pictured “the most hated man in Australia.”
While the picture looks awful indeed, users on social media have said video of the incident reveals another story.
“He did not punch the horse,” one user said. “It’s fake news. He pushed it away as it was about to trample him.”
“The man put his arm up in defence,” said another. “It’s not a straight jab or punch as the media and Police have made it out to be. Fake news.”
If the protesters were not breaking the law, none of this would have happened.
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