Driver testifies cop said: 'I can put a f**king hole in you'

Senior Constable Stephen Flanagan is seen pulling a gun on an alleged speeding driver in the state's outback.
Senior Constable Stephen Flanagan is seen pulling a gun on an alleged speeding driver in the state's outback.

A DRIVER has testified a police officer pointed a handgun at him as he told him he "could put a f**king hole in you with this".

Former Senior Constable Stephen Flanagan pleaded not guilty in Brisbane Magistrates Court to assault and deprivation of liberty charges stemming from the incident.

Mr Flanagan worked at a one-officer station at Longreach in May 2015 when he pulled over Lee Povey and Anna Lisa Cruse.

On Tuesday, he told the court the car had been travelling 16kmh over the 100kmh limit.

Mr Flanagan said he had believed the car was stolen. He had switched on the police car's sirens and lights, but had not realised they were not working.

He said the car pulled over after he honked the car horn.

The court was shown video footage from the police car depicting Mr Flanagan pointing a gun as he walked from his car.

Mr Flanagan confirmed he said "Get out of the f**king car" as he approached.

He told the court he had seen someone in the car reach for something and believed they could have been reaching for a weapon.

Mr Flanagan said he had chosen to pull out the gun after making that observation and he believed he would have to "fight for (his) life".

He said it was a reasonable use of force.

ABC reported that earlier during the hearing, Mr Povey said he had thought the police car had been trying to overtake him or was escorting a wide load.

Mr Povey said when he eventually pulled over, Mr Flanagan had walked towards him with his gun drawn and said "You know I can put a f**king hole in you with this", according to ABC reports.

Mr Povey said he was handcuffed while a gun was pushed into his back.

On questioning about his explicit language, Mr Flanagan said he had not used "a great choice of words".

"I can only say that the amount of stress that I was under during this has had an effect on my language," he said.

Mr Flanagan said after making checks, his "perceived threat level" was reduced. He said he then took off Mr Povey's handcuffs and wrote a speeding infringement ticket.

The matter was adjourned to Wednesday for final submissions.



Topics:  deprivation of liberty editors picks hearing longreach magistrates court police

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