Police assault in court

HEAD BOWED: The family of Cobey Ian Duncan shield him as he leaves the Bundaberg Police Station after he was granted bail.
HEAD BOWED: The family of Cobey Ian Duncan shield him as he leaves the Bundaberg Police Station after he was granted bail. Max Fleet BUNPOL

A MAN who broke the ankle of a police officer during a struggle outside a Bargara pub has pleaded guilty to seriously assaulting a police officer.

Cobey Ian Duncan, 26, of Bargara, entered the pleas in Bundaberg Magistrates Court yesterday.

Duncan also pleaded guilty to drunken disorderly behaviour and breaching bail conditions.

Police prosecutor Sergeant Barry Stevens said Duncan had been drinking for about 12 hours at the pub on July 5 last year before being asked to leave about 5.50pm.

Sgt Stevens said when Duncan refused to leave police were called.

The court heard police arrived to see Duncan outside the hotel.

CCTV footage played to the court showed police speaking to Duncan, with Duncan quite close to them.

The footage showed one of the officers pushing Duncan gently back before a tussle ensured.

The two officers and Duncan fell to the ground.

After a short tussle Duncan and an officer stood, while Sergeant Lawrie Nauschutz remained on the ground, appearing to be in pain.

It was not clear in the footage how the officer was hurt.

Duncan and the officer ended up in the short stand off, during which the officer tasered Duncan.

Sgt Stevens said Sgt Nauschutz's ankle was broken in three places and he was off work until February 1.

"It is believed he will limp for the rest of his life," Sgt Stevens said.

Defence barrister David Murray said Duncan had no intention of hurting Sgt Nauschutz.

"It was something without any malice at all," he said.

"It was the actions of a person who was drunk."

Mr Murray said on multiple viewings of the footage he was unable to see how the ankle had been broken.

"The injury occurred in a manner which is indescribable," he said.

Magistrate Jennifer Batts will sentence Duncan on Tuesday.

Topics:  assault courts guilty police

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