Accused special constable remains on bail
A NSW special constable accused of assaulting a man and intimidating another outside a Sydney pub will remain on bail after his case was postponed.
Fadi Chafei fronted Sydney's Central Local Court on Wednesday on assault and intimidation charges relating to the November 2012 bashing of one of a group of six men outside a Surry Hills pub.
After allegedly hitting a 30-year-old man and knocking him to the ground, Chafei, who was off duty, turned to another man and in an aggressive manner asked "Do you want to get the same, c**t," the court heard.
Chafei's lawyers argued the attack was a "proportional response" in self defence, adding there was no evidence for the "laughable" intimidation charge.
It is the prosecution's responsibility to prove the attack wasn't an act of self defence.
Chafei's lawyers say he felt like he was in some danger after a few offensive comments were made by the group of men.
But the prosecution strongly refuted this, saying Chafei approached them with his chest puffed out and fists clenched.
"He's not scared of them at all," the police prosecutor told the court.
After the alleged confrontation, some of the men tried to make a citizen's arrest on Chafei.
He turned a corner and tried to leave in a cab, but was detained by security guards.
Chafei's lawyers say he was heading to a police station to report the matter.
"He wanted to get away," the police prosecutor argued.
Both sides have accused each other of putting forward situations inconsistent with crucial CCTV footage from the night.
A special constable is not a sworn police officer, but does have some similar powers and can carry a gun.
A decision on Chafei's culpability will be made when he appears before the same court on April 9.
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