Sydney teenager Jamie Jackson has been awarded $39,000 but the officer who assaulted him while he was handcuffed at the Sydney Gay and Lesbian Mardi Gras is still working for the police.
Jackson, then 18, had been watching the Sydney Gay and Lesbian Parade when two police officers arrested him over they say was a kick at another spectator which did not connect.
Jackson later said the kick had been playful in intention because he thought the woman it was directed at was somebody he knew and had just been to get her attention.
Onlookers began filming the arrest when one of the officers, Constable Leon Mixios, slammed Jackson into the pavement while his hands were handcuffed behind his back.
Footage of the incident went viral with over a million people watching it on YouTube.
Following his arrest, Jackson was charged with assault, offensive language and resisting arrest.
On Thursday all charges against him were withdrawn by police and magistrate Michael Barko dismissed the case against him, saying he had been ‘brutalized’ by police – ordering the police force to foot his legal bill.
An account of the incident written by Constable Mixios in his diary claimed that he had put Jackson on the ground because he was bleeding and he did not want to get ‘contaminated.’
‘I have pulled him back and thrown him to ground with a leg sweep,’ Mixios wrote.
‘I placed my foot on his back to hold him down as he was bleeding and I didn't want to be contaminated nor did I feel safe getting down with the crowd around us.’
The police notebook entry says afterwards ‘[Jackson] began apologizing and asking if we could forget about it and just leave it at that.’
Following the incident dozens of people came forward with stories of inappropriate or over the top responses from police at the parade with many saying the event had been over policed in 2013.
Since last year’s event parade organizers and LGBTI community organizations have been working with the New South Wales Police Force to ensure a safe Mardi Gras in 2014 and to ensure people are aware of their rights when dealing with the police.
However Constable Mixios is still working for the police at Fairfield Local Area Command pending a police internal investigation.
He was the subject of a Police Integrity Commission investigation last year, after a separate incident involving excessive force during an arrest.