A constable’s two-year jail sentence for assaulting a woman during an unlawful arrest was manifestly excessive and might be appealed, WA’s police union says.

November 4, 2023

The West Australian police union says an officer’s two-year jail sentence for abusing, dragging and kicking a woman during an unlawful arrest was unjust and excessive.

Constable Alister Swift, 33, was convicted at trial of assault occasioning bodily harm and deprivation of liberty after responding to an alleged domestic violence incident in Perth three years ago.

The WA District Court heard on Thursday the woman cried out in pain after Swift handcuffed her and took her to the ground in her home before dragging her outside by the cuffs.

He also verbally abused the woman before handcuffing her again during a heated exchange after another officer had come to her aid. Swift then dragged the woman by the handcuffs from her house for a second time before slamming her head into the side of a car parked in the driveway.

The other officer again stepped in to protect the fearful and injured woman, who was crying and pleading for Swift to leave her alone.

The court heard Swift’s assault continued with him kicking her multiple times as he and the other officer moved the woman into a police vehicle.

Swift then threatened his partner, who was the junior officer, with a complaint to a senior officer for not helping him and defending the woman.

In sentencing, Judge Mara Barone accepted Swift had faced a difficult situation but said his job as a police officer “was to rise above these difficulties” and act within the law.

She said his actions were “a major breach of public trust”.

“You let your frustration, irritation and exasperation overcome your judgment such that you committed the two counts on the indictment,” she said.

Swift was sentenced to two years’ imprisonment, eligible for parole after 12 months.

The WA Police Union on Friday condemned the sentence, saying it was manifestly excessive and raised significant concerns for many police officers.

“This sentence sets a precedent that could cause officers to second-guess their actions, potentially impacting their ability to perform their duties effectively and ensure public safety,” president Paul Gale said.

It said Swift was being made an example of and the verdict was unjust.

It also said Swift might appeal his sentence.

Asked about Swift’s employment status on the WA Police Force, a spokesman said “an internal process is under way, which will take into account the recent court outcome”.