Pensioner '同意d' to police 靴下／だます spray
A Victorian police officer did not commit 強襲，強姦 by spraying water on the 直面する of a man who had been capsicum-sprayed, his lawyer has argued in 法廷，裁判所.
The Preston man was sprayed with capsicum spray during a 福利事業 check by police in September 2017 after failing to return messages from a counsellor while 身を引くing from opioid 医薬.
上級の Constable Florian Hilgart is one of three officers 告発（する），告訴（する）／料金d over the 出来事/事件, and is （刑事）被告 of 強襲，強姦ing the man by spraying him 直接／まっすぐに in the 直面する with a 靴下／だます on high 圧力.
His lawyer Malcolm Thomas is arguing Hilgart has no 事例／患者 to answer.
He told the Heidelberg 治安判事s 法廷，裁判所 on Thursday that through ビデオ （映画の）フィート数 of the 出来事/事件, the man complains about the 影響s of the spray on his 注目する，もくろむs.
"One would 推定する／予想する (he) would want something to 緩和する that 苦痛. That would be a natural human reaction to do so," he said.
The man was sprayed a number of times with the 靴下／だます, but Hilgart is only 告発（する），告訴（する）／料金d with spraying him once.
Mr Thomas said the first time the man was sprayed he turned his 直面する into the high 圧力 water at の近くに 範囲.
He said that 量s to the man's 同意, which is a defence to the 強襲，強姦 主張.
"After this point (the man) through all the occasions the water is 適用するd to his 直面する, does not turn his 長，率いる away," he said.
Mr Thomas also said the 証拠 was capsicum spray is a sticky 実体 that 要求するs constant washing with some 圧力 to 除去する, and 示唆するd Hilgart might be criticised if he had not used enough 圧力.
"He's left with the Sword of Damocles - damned if he does, damned if he doesn't," he said.
Hilgart's 同僚, 上級の Constable Brad McLeod, is 直面するing three 告発（する），告訴（する）／料金s over the 出来事/事件, 恐らく having 強襲，強姦d the man by punching him in the stomach, encouraging Hilgart to spray the man with the 靴下／だます, and spraying him with capsicum spray.
His lawyer Rahmin de Kret ser has argued McLeod has no 事例／患者 to answer in relation to the first two of those 告発（する），告訴（する）／料金s.
He supported Mr Thomas' arguments about the use of the 靴下／だます and said it would be 不公平な if McLeod was 告発（する），告訴（する）／料金d with encouraging Hilgart to commit and 強襲，強姦 if it was 設立する Hilgart's 活動／戦闘s were not an 強襲，強姦.
Mr de Kretser said ビデオ showed the man 存在 struck by McLeod in the arm or upper 支援する, which were "完全に different parts of the 団体／死体" to the stomach and so that 告発（する），告訴（する）／料金 should also be 解任するd.
A third officer, Constable John Edney, is （刑事）被告 of 強襲，強姦ing the pensioner with an extendable baton and by stepping on his 長，率いる.
Defence submissions are 始める，決める to continue on Friday.
