This is the moment a police officer sprays a disabled pensioner’s dog with capsicum spray and threatens to shoot the animal after arresting his owner.
In September 2013, Lytha Owlstara, 59, was arrested at her home after failing to stop when Senior Constable James Hurtak signalled for her to pull her vehicle over.
During the arrest, Ms Owlstara’s husky, Max, became agitated and growled at the officer as he tried to push him away from his owner.
The dog then appears to bite Mr Hurtag.Â
Footage then shows Mr Hurtak aiming capsicum spray at the animal and accusing the dog of biting him before saying: ‘He’s lucky if I don’t shoot him.’
The arrest was filmed on Constable Hurtak’s dashcam and has emerged as part of anÂ ABC investigation.
A NSW court heard Mr Hurtak was driving behind Ms Owlstara’s vehicle when his in-car computer detected she had an expired registration.
The police officer flashed his red and blue lights but Ms Owlstara failed to stop and instead continued to her home and drove into her garage.
Footage from the incident that follows shows the police officer park up outside Ms Owlstara’s house and run into the garage with his firearm drawn.
In September 2013, Lytha Owlstara â 59 at the time â was arrested at her home after failing to stop when Senior Constable James Hurtak signalled for her to pull her vehicle over
During the arrest, Ms Owlstara’s husky, Max, became agitated and growled at the officer as he tried to push him away from his owner. The police officer then used capsicum spray on the dog and threatened to shoot it
He then pulls Ms Owlstara out in front of the car in handcuffs and pushes her to the ground, accusing her of failing to stop when directed by police and driving an unregistered and uninsured vehicle.
Max the husky is visible throughout and Ms Owlstara is repeatedly heard asking if she can put him inside.
At one point, Mr Hurtak attempts to pull Ms Owlstara to her feet but she says: ‘I can’t, I’ve got spinal injuries, I tried to tell you that.’
Mr Hurtak is later seen swinging the disabled pensioner around by her jumper, and Ms Owlstara is now suing NSW Police over her arrest.
Ms Owlstara told the court she did not stop her car when she saw flashing lights as she was driving well below the speed limit and did not believe the police car was pursuing.
Mr Hurtak is later seen swinging the disabled pensioner around by her jumper, and Ms Owlstara is now suing NSW Police over her arrest
Mr Hurtak, meanwhile, claims he didn’t know who was driving the car and that he only drew his firearm as he wasn’t sure what awaited him in the garage.
NSW Police have defended Mr Hurtak’s story throughout the trial, but Magistrate Mary Ryan said she had never seen anything like this before.
‘I’m flabbergasted. What has worried me about this particular case is that it seems that, given the information the constable had, perhaps, it seems to be a gross over-reaction given the cohort,’ she said.
Ms Owlstara pleaded guilty to the charge, but at her sentencing hearing, these charges were dismissed as it became evident the police officer’s in-car computer had wrongly detected that her licence was suspended.
Daily Mail Australia has contacted NSW Police for comment and the case is now awaiting judgement.