David Newell claims the following:
* making a quick trip to his local Pt Chevalier shops to buy nappies for his three-year-old daughter
* stopped by one officer and the civilian observer in a marked patrol car on Great North Rd – one male and a female, later joined by two more officers – also male and female
* claims he had had half a glass of beer at lunch but nothing that evening
* claimed that the male officer asked him where he was from, to which he replied north London in the UK. The officer, who had an English accent, told him: “we used to deal with you people all the time,” a reference, Newell said, to the colour of his skin.
* claims the police officer with the English accent “whipped down” his pyjama pants, exposing his private parts to the other officers.
* claims the officers were all giggling and making jokes related to black men and the size of his penis, according to his affidavit. He said he was also called a “black ****”.
* claims he was asked to undergo a breath screening test and despite two attempts he claimed police were unable to obtain a reading.
* claims, he was hit in the face by the officer with the English accent and called “a monkey”. That officer, he said, refused to accept his word he did not have a criminal record, saying “all you people (black people) have convictions”.
* claims he had been happy to undergo a blood test but had wanted to go home after the ordeal
The Police version, backed by three officers and a civilian observer, is very different:
* claims Newell allegedly clocked at 107km/h in a 50km/h zone
* claims Newell said his mother-in-law was a High Court judge and he was a Kenyan diplomat
* claims Newell pulled down his pyjama pants in front of the three officers and civilian observer
* claims Newell, was then told to pull his pants up before being handcuffed and put into the back of the police car.
* claims Newell had been taken to Balmoral Police Station and had chosen not to engage the services of the duty solicitor, preferring instead to call his partner
* Newell was then charged with refusing to supply a blood sample