Army veteran sues over alleged police assault

Veteran assault

The Army veteran at the centre of a controversy in which police allegedly harassed participants in a charity ride has rejected a police response to his formal complaint and plans to sue for assault.

“Magic”, 58, of Brisbane, of the Veterans Motorcycle Club of Australia, Brisbane Chapter, says he was assaulted by Senior Constable Murphy of the NSW Police Strike Force Raptor.

This video shows the moment the 58-year-old Army veteran is pushed by the officer.

The 26th annual Good as Gold ride last Saturday (March 3, 2018) was organised by the Hells Angels Brisbane Chapter.

Of the 97 participants, the only member of a declared “outlaw motorcycle gang” (OMCG) was one Hells Angel member who organised the event. Others were club and non-club members, including Magic who asked for his full name to be withheld for fear of police intimidation.

Ride organiser and Hells Angels MC Brisbane Chapter member Jeff Ehlers claims Magic’s allegation is one of three assaults and many other incidents of harassment during the aborted ride.

Click here to read more harassment claimsClick there to read about the resultant charges.

Police Harassment charity ride charges assault
The ride roadblock

Assault claim

Despite the alleged heavy handed policing, Magic was only given a defect notice on his motorcycle.

“I was red-stickered because they said my handle bars were too high, which is bullshit,” he says.

“Also, part of the letter Q was touching the number plate surround. Again, it never stops GoVia or the police sending me stuff.”

He says the alleged assault occurred after his 2013 Harley-Davidson Street Bob was checked and he was asked to move the bike.

Police Harassment in charity ride Hells Angels assault
Magic being shoved by the officer

“I asked where they wanted me to move it and they became aggressive and belligerent,” Magic says.

“I said ‘You will not disrespect me’ and that’s when I was shoved and he moved in on me in a threatening manner.

“I usually find police very courteous and have never been hassled before, but this was a whole different breed. They were like the Brown Shirts in Nazi Germany.

“This operation was just to intimidate the motorcycle community into not riding with any 1%ers.”

Magic claims two other riders were also assaulted by police and says they are now considering their legal options.

Police cops Profiling harassment assault
police roadblock for Hells Angels charity ride

“We’re getting all the information together and will either target individual officers, the NSW Police or NSW Police Commissioner who ordered the operation and possibly Queensland Police,” he says.

Michael made a formal complaint to police about the alleged unlawful assault and received the following response from NSW Police Force Professional Standards Unit Detective Sergeant T. Chalkias:

I have viewed related footage and note the SO responded with a single approved check drill in accordance with his training after you positioned yourself in such a manner that an officer could reasonably believe posed a threat to his safety. I appreciate that you may have done so inadvertently during your interaction with the Senior Constable. However, as you would understand as a former ADF member, officer safety is taken very seriously.

I am satisfied the subject office Senior Constable Murphy acted appropriately in dealing with this matter. Further, I am of the view Officers were acting in accordance with their duties and within Police guidelines in accordance with Section 132 of the Police Set 1990. I now intend to close this matter. Whilst I understand you may be disappointed with this decision, I hope you may appreciate the reasons for the determination.

Magic says their definition of the incident is “unacceptable”.

“They’re saying police can shove you at any time,” he says.

Combined police operation

Police Harassment charity ride charges assault
The ride roadblock

The operation comprised almost 50 officers from Queensland Police Task Force Maxima, Nsw Police Strike Force Raptor, National Anti-Gangs Squad, NSW Traffic and Highway Patrol and Tweed/Byron and Richmond Police Districts.

Detective Chief Inspector Brendon Cullen, Crime Manager for Tweed/Byron Local Area Command said the joint operation was aimed to disrupt any potential criminal activity on the cross-border run.

He issued the following statement:

The NSW Police Force will remain vigilant when it comes to the behaviour and activities of Outlaw Motorcycle Gangs, particularly when the safety of the community is at risk. Illegal activity will not be tolerated, and we will continue to work with our partner agencies when necessary to target all levels of criminal activity.

These guys aren’t just misunderstood blokes who like to ride bikes together and raise money for charity. They’re often involved in serious criminal activity. Any time OMCGs (Outlaw Motorcycle Gangs) conduct these runs across the border they can expect this sort of reception.

Jeff says “a lot of taxpayers’ money was spent and wasted for some very very minor offences”.

“It was total abuse of police powers and responsibilities,” he says. 

Preparations are under way for a legal challenge and Magic has asked for anyone who witnessed what they believe is unacceptable behaviour from police in relation to the Good As Gold Charity Ride to send an email with contact details to Chris Main of Alibi Legal or Magic at Biker Events Calendar.

“This means any driving behaviour which you felt put your safety at risk, instances of deliberate obstruction, cases of offensive language, etc,” Magic says.



  1. If you can contact “Magic” inform him that he can prosecute a criminal offence of “Assault” against that goose as well. It’s called a “Private Prosecution” it’s rare most Lawyers don’t know how to go about it, but there are lawyers out there that do know how and what to do. That does not affect his civil suit for assault. The reason being the civil suit is for compensation, which the department / taxpayers will pay and it’s no skin off that gooses nose, he will just continue along doing the same thing.

    Convict him in a private criminal charge of assault and it automatically creates a “no confidence” motion in the Police Force and there is a very strong likelihood he will be sacked. The evidence is there in video not hard to do.

    1. I know of a very good lawyer that freqeuntly prosecutes police and their behavior who is also local to the area. If magic neeeds a helping hand let me know

  2. As the veteran who was assaulted when I was trying to ask where they wanted me to move my bike I can state categorically Senior Constable Murphy knew I was a veteran, I wear my ribbon bar and badges on the front of my vest. I was guilty of no offense other than objecting to the demeanor and manner of the Raptor officer in question. I was given two defect notices, both of them bogas. (See Stand Up Australia facebook page for the proof). At 42 years of age I joined the Army after Sept 11 to fight against the threat to our freedom overseas and paid heavily for it. I agree, veteran or not a veteran, villian or saint, their are suppose to be civil liberties and human rights, in particular, oversight to the abuse of powers of police. The NSW Commissioner of Police is the one who is responsible for the Siege of Woodenbong and he is the one who answer for it. A legal action is being prepared to force an inquiry into the matter and have officers provide evidence under oath, the Commissioner of Police provide evidence under oath, and the Minister of Police in NSW also reply to, under what authority and legislature they have the right to order police officers to harass and intimidate motorists on the road, deliberately target them, and issue false defect notices in order to disrupt the Charity Ride. Remember the Official Media Release said that 150 OCMG members were intercepted on the ride, that is 150 Outlaw Criminal Motorcycle Gang members. Even a casual view of some of the video footage we have collated from the day proves this is false. There was 1 Hells Angel, who was the event organiser and 97 riders, either members of a social motorcycle club or individual who wanted to support the charity, The Smith’s Family Charity, on this 26th Annual Good As Gold Charity Ride. Why would the Detective Sergeant Chalkais deliberately lie if it wasn’t an attempt to cover-up what happened. This is the same Detective Chalkais who responded to my official complaint of assault against my persons by Senior Constable Murphy. I have taken video interviews of some of the locals who were disgusted in the behaviour of the police, including the local pastor, whose church is across the road from where the whole incident occurred. Another, a widower of seventy years of age, who works at the Woodenbong Hotel said that “if I hadn’t seen it with my own eyes, I wouldn’t have believe you if you told me”. He said, he’s never seen anything like this before in his life. I would like to say to you that this was an isolated incident by NSW and QLD police but it isn’t. There have been other cases where individuals have been put in hospital despite offering no resistance, members of 1% clubs who have been kicked in the head deliberately after having adopted the face-down prone position of submission, the use of torture techniques being used against these Australian citizens, and other behaviours I would put along side the Taliban. The government and police are deliberately trying to paint the false picture that all 1%ers are criminals, which has been proven to be false. But, even criminals are basic rights. Why do you think that all police have to wear body cameras, all except Raptor and Maxima? Why is it that when they conduct raids they remove all security surveillance footage from the area. They operate in the dark, in secret, and without any apparent oversight. So, who really are the bad guys? There have been more police officers and members of border force authorities arrested in relation to serious ice and other drug importation and distribution than members of any 1 % club. Members of 1% clubs aren’t the ones shooting innocent people, threatening and exercising excessive force against people, or putting peoples lives at risk on the road – it’s the Police. Members of any 1% club live to a code of behaviour, they are normal people with families and hold down full-time jobs, they are disciplined in conduct within their own clubs, and will de-patch any member who is “just a hot head”. The members involved in the Gold Coast brawl were all de-patched for involving their club in what was a personal issue between the two men, where one of them was sleeping around with his wife. But the media is censored and controlled by the government and corporations, and they know they can treat most Australians as sheep. Learn to view critically all the facts, and also what facts are obviously missing, apply common sense to all media releases. Remember the children overboard affair that was supposed to have never happened. It was only after the issue was forced by the independent judicial body that the truth and lays of lies were reveled. Your freedoms, your civil liberties, your human rights are being stripped from you, one little piece at a time. Wake Up! F *# king Stand Up now or you’ll become and economic slave to the elitists in government and big business.

  3. I’ve watched this video over a dozen times. I can see the officer in question approaching the rider, the last few feet rather slowly. The rider then turns to face the officer and then the officer takes aggressive and unwarranted action. I would have thought that it was the officers responsibility to maintain that required safe distance, not close in on the rider and then act aggressively because he was “too close”. I would suggest that Professional Standards watch the video again, this time through the eyes of the reasonable person.

  4. Well, I don’t care what Anybody says – INTIMIDATION is INTIMIDATION – I counted 7 (SEVEN) police that I could manage to see Standing around ONE (1) Motorcyclist and an Assault occurring to the Motorcyclist BY one of the police, and if not for the HONEST Behaviour of a Motorcyclist, that Situation of ALL those police INTIMIDATING the Motorcyclist, could have easily got out of hand as there would have been Tazers, Pepper Spray and FIREARMS (Not necessarily in that order either) Being USED by the 7 (SEVEN) police undoubtedly against an INNOCENT MOTORCYCLIST – Nothing I saw in the brief video displayed ANY Aggressive Behaviour by the MOTORCYCLIST, HE was Just TRYING to Get Clarification as to the directive given by the police.

    HITLER may be DEAD, but the behavioural tendencies of the SO CALLED PUBLIC SERVANTS leave a significant lingering foul smelling taste in the air that reeks of NAZI GERMANY …. culling the JEWS !!!
    Comply OR we will Beat you to a PULP on the SPOT !!! WHERE IS THE HUMANITY HERE ???

    IF NO RESPECT IS GIVEN then NONE should be returned …

    I,ve said it before and I WILL say it AGAIN – A NEW SOCIAL MOTORCYCLE CLUB should be formed – Calling themselves “INNOCENT RIDERS” – With the Centre Piece of a PAIR OF HANDS IN THE AIR …. and the MOTTO of ‘Don’t SHOOT – I’m INNOCENT’ …..

    Treating motorcyclists as though they are CRIMINALS just WILL NOT WASH if a CLUB, A LEGIMITATE SOCIAL MOTORCYCLE CLUB, is formed, that Just want to RIDE IN PEACE and be Left Alone because they have and will Do Nothing Wrong except be Law Abiding CITIZENS 99% of the TIME ….
    Are you BADGE Wearers such ANGELS that GOD would have or want you ?

    STOP the BULL$HIT – LEAVE the LEGITIMATE Motorcyclist ALONE – GO and Arrest some DRUG LORDS, Paedophiles, Terrorists, or any other criminals that DO Pose a THREAT to Society but Leave us the F%^& Alone ….


  5. Heres a red hot prediction right here people get it while its hot.
    When you have military style police such as this, splitting hairs when they break the law themselves, combine that with complete abuse of power and then add intimidation/threatening body language/taunting/bullying you know whats going to happen? It wont be long until someone is going to get seriously hurt or die. This is the perfect equation to tip civilians over the edge and im not sure who will go down first but i can see in the future that cop is going to assault someone on a bad day and then we will be as close as ever to following America’s controversial culture of cops killing civilians and civilians killing cops. This has been brewing for years. What blows my mind is how in the hell can governmemt can not see where this is going to end up? What, is the new tactic push as many buttons till the goverment gets the reaction the media wants and someone from the thin blue line gives his life ‘in the line of duty’ (with his family well looked after of course). This is agenda pushing that is going to lead to a whole new dangerous level. The government knows it and the cops know it. You heard it here first people. Dont be fooled by this type of behaviour its wrong its wrong its wrong and you know it, i know we all know it. NOBODY in any law abiding uniform, i dont care about safety distance or whatever other ridiculous crap you people or going on about, has the right to behaviour in that manner its provoking and its dangerous. THIS IS AGENDA PUSHING and someone will react. STOP JUSTIFYING POLICE CORRUPTION STOP JUSTIFYING EXTORTION STOP JUSTIFYING STAND OVER TACTICS. THIS HAS BEEN GOING ON FOR YEARS! remember $36 billion has been spent on the ‘war on bikies’. What we are seeing here is not policing for community safety but a desperate police force that is under pressure to explain their budget because they have reeled in 0 results. You can chose not to believe me but just have a think about this, how desperate the federal state and local police force are to justify expenditures and results that they now are dragging ATO OFFICERS yes ATO OFFICERS to roadside setups just to serve people riding motorbikes with infringement notices cause they forgot laat years tax return. If that is not a cat drowning in water then i dont know what is. Wake up people WE’RE UNDER ATTACK!

  6. There is much misplaced loyalty in many of these posts regarding veterans.

    What respect should citizens afford veterans, plenty IMO, and to some extent thy do get that.

    However, if you think that being a veteran entitles them to behave differently or to get some sort of exemption from suspicion then absolutely not. If a veteran does turns bad, he is doubly at fault, not only has he broken the law but he has diminished the standing of all veterans.
    Veteran and serving defence force members are made aware very early on in their service that they are now held responsible to two sets of laws, civil and military. You don’t get a pass on civil law.

    1. Veterans deserve the same respect and loyalty that the police except you to give them .
      Everyone deserves the respect of others to the same level of respect you are expected to show a police officer.
      When the police fail to respect you and especially when they fail to respect someone who has most definitely earned a level of respect that should at the very least afford them courteous and respectful treatment at the hands of the police they lose all respect from the general public.
      Often when someone is in the wrong and they know it they refuse to apologise and claim they are actually in the right making all kinds of excuses. When the police are in the wrong it can get even worse with them doubling or even quadrupling down by filing false charges provoking an assault even intimidation of witnesses and destruction of evidence and planting evidence.
      I have seen this sort of behaviour from police before both on YouTube and in person.
      The officer was deliberately attempting to provoke the veteran into defending himself which would be conveniently call assault on an officer. As I said I’ve seen it before and seen the list of additional charges the guy got and they would have stuck had he not had witnesses all of whom were fellow off duty police officers.

      1. You missing the point Al, and that is that all these articals are making a big thing about being a veteran. Being a veteran says nothing about your current character.

        1. Actually that’s not really a point at all. Being Prime Minister says nothing about your current character Nor is being a police officer serving or retired.
          You are showing the prevailing and very tired attitude that police and especially corrupt police display of He’s probably guilty of something but just hasn’t been caught yet, so let’s fit him up for this. Not innocent until proven guilty or give people the respect and courtesy that you expect from them. There have been a number of police found to be peadophiles even one who was tasked with talking to children about stranger danger, Do you disrespect all police because they might be a peadophile?
          Even if the guy turns out to be as dodgy as a two bob watch he still deserved far more courtesy and respect than he was given THAT is EVERYBODY’S Point!

          1. It is most certainly is the point because I made it at the start of the post: Repost – “There is much misplaced loyalty in many of these posts regarding veterans” To which I give my reasons. You then claim I assume that being a PM or police officer (and presumably any occupation) has any anything about your character. I agree that is EXACTLY the point I am making, because there have been so many “oh the poor veteran, how could they” posts, it needed to be addressed. Indeed the title of this very article is “Army Veteran Sues…….” Like being an Army Veteran has anything to do with the price of eggs!
            So on this point I presume you agree, yes?

            Your other point “to tar all with the same brush” misses the the mark completely because in one case we are dealing with a confirmed criminal organisation (with perhaps the odd good guy in it, about which I have posted elsewhere), against public institutions that are NOT criminal, but have ‘individual criminals’ within their ranks. One organisation is an enemy of the people, the other is not. Black and white.

  7. I would just beg for consistency. If the cops can do that and it not be assault, I reserve the right to shove them in the same manner (assuming I am just trying to do the right thing and they get up in my face) with zero repercussions.

  8. Harassment is harassment. It doesn’t matter who the hell you think you are. I understand that police have a difficult job. However this man did not pose a threat. He was completely surrounded by so called Police Officers who should know better than to be disrespectful and threatening to a Veteran. Magic has been trained much better than you to react to aggression. There is a thing called escalation of force and you Senior Constable Murphy blew it. Veterans don’t expect special considerations, but you should have realised that some of us have anger management issues that are beyond our control when provoked. This is some of the price we pay for our service to our nation. We try to unwind by doing activities such as Motorcycle riding. In future try to remember that innocence is until proven guilty. You are not the Judge. De escalate is a much better way.


      1. it was only back in 2014 that 4 nsw cops tazered a student to death in a manner the coroner called thuggish….like a scene from’lord of the flies’…things obviouly havent changed much in the nsw police force or among their redneck supporters….Speaking of which
        Are you suggesting Majic is some sort of criminal, robert?

        1. He must be cause he was associating with someone with no criminal record, and doing some really bad shit (raising money for a charity), otherwise the police would just be wasting our money, wouldn’t they. Hey in this day and age, it’s not what you do, but its what you look like. If you look like you might be guilty then you must be. If we can all sleep better because we have thugs like Raptor 13 protecting us, then we should all be a bit scared of what Raptor 13 might move on to when all the criminal bikie scum all disappear.

          Just because people don’t like the look or the actual existence of 1%ers, they jump on the bandwagon of doing society a favour by marginalising them and those who might have anything remotely to do with them. Nah, the baddies in this case are the law. Anyone who thinks otherwise is simply kidding themselves, and trying to kid us all.

  10. Here we have the ex-service men that has been to active duty in Vietnam being treated as an OMCG member without being given the chance to state his case. I believe Raptor has a place in the force but get your facts straight first ask some pertinent questions .

    1. Correct me if i am wrong here but isnt the 22 on Magic’s arm a patch of the Hell’s Angels? If that is the case then veteran or not the HA are an OMCG in Qld … but I didn’t see anything in his behaviour that constituted obstruction or any reason for being shoved by police

      1. 22 stands for the 22nd letter of our alphabet ‘V’. How you got Hells Angels outta that has rattled me, the Angels run 81

  11. “Detective Chief Inspector Brendon Cullen, Crime Manager for Tweed/Byron Local Area Command said the joint operation was aimed to disrupt any potential criminal activity on the cross-border run.”
    Potential criminal actibity? Into the realms of thought crime we go.

    “They’re often involved in serious criminal activity.”
    I suppose. Any evidence of that detected in this operation? At all?
    Did the cops really expect to find things like illegal drugs or guns stashed on the bikes during what I assume was a well publicised charity ride? Looks like the cops were outsmarted.
    The cops may have yielded similar results if they stopped and searched any 85 cars driving down the same road.

    This operation was an expensive publicity stunt and fishing expidition where the publicity was far more valuable than the charges laid.

    1. After the somewhat negative publicity around the bashing of a naked unarmed 16 year old in byron in january The cops were probably after a bit of positive publicity….Too bad it involved thuggery…Maybe they should consider a charity run. The general public may be begining to think they are in greater danger of being bashed by police rather than any group of motorcyclists

  12. Nope watched again and it was definitely assault.
    There are a number of key factors that move it from a grey area of self defence into assault.
    One the victim was surrounded by police so that’s assault in company
    Two the officer was the initial aggressor moving forward and not keeping distance
    Three the body language of the cop was aggressive but the riders was not.
    The correct action would have been to raise his arms ready to push or even stop the rider moving forward further by pushing back gently, that was a full force shove done with the intention of escalating aggression not deescalating it.
    When you want someone to comply in a heated situation you make your requests reasonable, understandable and simple and polite so there can be no argument .
    Move your bike over there please sir. Not move your bike.
    Did you hear what I said? Move bike there please.
    There is no question that if you shoved a cop like that you’d be beaten to a pulp and tossed in gaol.

  13. As a specialist Security officer there is a one arm and half Safe Distance if someone moves into that Zone it is a Attacking Zone and the distance must be maintained for safty reasons so the officer was maintaining the safe distance as to all O.H.H.S.

    1. So, when Raptor 13 held the bar at the head of that bloke in another incident, he would have been perfectly within his legal rights to react exactly the same as Raptor 13 did with Magic?

  14. I don’t think assault occured here.

    The application of force can be justified because the rider moved forward in an inadvertently assertive manner. Now because the officer was just standing there, they had no time to think and just acted to keep himself safe by maintaining distance. If there was no reason to suggest the need to push the rider away, or if the rider had fallen over after being pushed, or even use the argument that the officer should have moved by stepping backwards, a stronger case of assault would be available. It’s all a very fine line between what assault is and isn’t.

    I do agree though that the operation looked like intimidation, to deter people riding with others associated with outlaw motorcycle clubs.

    1. So when that same officer held a metal bar to the head of another bloke in another indecent that was recorded is that ok as well

    2. Senior Constable Murphy’s actions were antagonistic and disrespectful. The police are trained to de-escalate situations. He only wanted to escalate the situation. This was only one instance of assault on the ride. There were two others. Members of RAPTOR assaulted another rider, not a 1%er but a social rider, after he was complying with their request to speak with him outside. They surrounded him and as he was walking with his arms up above his head, as if to say “I’m complying”, one officer grabbed him as he was approaching the door and pushed him, as if to try and push him into the door jam. When patrons of the pub yelled out “Oie”, the last officer turned and said “Well, what are you going to do about it. Hey, what are you going to do”. The rider had had a couple of beers and was not drunk but they threw him out of the pub, quite literally, because when one of the officers said to him in a snide manner “How’s your day mate” (after having had his bike red-stickered and unable to move his bike) and he replied “Your not my mate”. This is obviously grounds for being targeted by RAPTOR and assaulted.

      I turned to Senior Constable Murphy because he was threatening me, and was being overtly disrespectful. If you can’t see that they were throwing their weight around, especially as someone who has had security training, then I’m sorry.

  15. I happen to know a bit about reacting to possible aggression and attacking someone is not how you do it especially when the person you’re attacking is on his own surrounded by a dozen of your mates! That was most definitely aggravated assault according to the letter of the law and not an approved self defense technique. If this sort of behaviour is allowed or even supported as being supposed proper procedure will end up like the US where a small boy holding a puppy can be crash tackled massed and tasered for having a DEHUMANIZING STARE! Even if it was someone who deserved less respect than a rock spider and not a veteran this type of shit would still be unacceptable because if they get away with it they will think they can get away with anything including shooting you in the head as you ride past because they feared you might run over their foot.

  16. What a nazi bully that police officer is. That was an act of aggression, like a dimwit that starts fights on a night out. That is not policing. If you actually think about all this for one moment, and look at it from an outside perspective, what you are witnessing here is no different to militia, or that of SS soldiers. What is happening to you Australia? Thugs policing the streets? No wonder the police there are hated so much. Despised by the public. Controlling by fear and intimidation. This is 2018 policing. This was a solider who served his country. Shame on you little bully policeman. Go home and sit in the dark by yourself. Pathetic human behaviour.

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