Matthew McMahon’s life has been turned upside down after he was accused of touching a police sniffer dog inside a pub.
It has resulted in him being charged with failing to leave a pub – although prosecutors withdrew the charge on the first day of his case – and now he faces a fight to keep his driver’s licence, which he needs as a truck driver, after police requested Roads and Maritime examine his fitness to hold one.
Mr McMahon had only been inside Wagga Wagga’s William Farrer Hotel for a brief period and had consumed a minimal amount of alcohol before his troubles began on May 6.
The pub was packed with punters who had attended the Wagga Gold Cup races that day and police with a sniffer dog were making their way through the pub.
According to footage played in Wagga Local Court, one of the dogs went past Mr McMahon at 8.23pm. The dog’s handler confronted Mr McMahon and pointed a torch in his face after accusing him of touching the animal.
The court heard that another officer, Senior Constable Justin O’Kane, told Mr McMahon: “You’re out mate, let’s go you’re out” and: “Either you leave or you’re getting a ticket.”
When one of Mr McMahon’s friends intervened, Constable O’Kane said: “Don’t you f --king touch me c --t” and then said to both men: “Get the f --k out of the pub”, police documents said.
Police then physically escorted both men out.
Mr McMahon was charged with failing to leave a premises when required.
But the charge was withdrawn by prosecutors at Wagga Wagga Local Court on October 26.
CCTV footage of the incident showed the police dog walk past Mr McMahon, who looked at the animal but did not touch it, before the confrontation with police.
Mr McMahon’s lawyer Paul McGirr said he was preparing to refer the incident to the Law Enforcement Conduct Commission.
“When I last looked at the laws that govern police arrests, telling someone to: ‘Get the f —k out of the pub’ was not in the legislature,” Mr McGirr said. “He may have forgotten that he was wearing a body-worn camera that was recording the incident.”
Mr McGirr said police had since made representations to RMS to have it examine whether Mr McMahon was fit to hold a driver’s licence.
On November 25, Riverina Police Commander Superintendent Andrew Spliet wrote to Mr McGirr and declined to investigate the police conduct in the matter.
Matthew McMahon’s brush with police dog in Wagga pub turns life upsidedown | Daily Telegraph