The accused person is a young man of aboriginal descent. He attended school at Meekatharra from grade 1 to Year 8. At about 9.20 pm on 5 August 1994, he came under the notice of a police patrol by reason of his approaching a police van and releasing persons confined in it. He did this by unbolting and opening the rear door. At least two of the four persons confined alighted. The van, when this occurred, was parked outside the Club Hotel Wiluna. The accused person, when he had done this, ran from the van and stood under the porch of the hotel. A member of the patrol, Constable Johnstone, approached the accused person and asked him why he undid the latch of the van. The accused replied "Fucking leave me alone". The constable then told the accused that he was under arrest. The accused tensed up. Constable Johnstone took him by one arm and Constable Ferguson, the other member of the patrol, took hold of the accused's other arm and, together, took him, by force, to the rear of the van. The accused person was resisting and was trying to break out of the hold. When they reached the rear of the van the accused dropped to the ground. Each constable took hold of an arm and leg and, in that manner, placed him in the van. The accused was saying continually "Leave me alone, leave me alone". Four others had also, at some stage, been confined in the van. These included some who had alighted when the accused had earlier opened the door. The van was driven to the police station. The van, on its arrival at the police station, was reversed up to a ramp leading to the cells. The four persons other than the accused alighted. Three of these were male and were taken to the male cells by Constable Ferguson. One was female and was taken to the female cells by the constable referred to in the indictment, Constable Kirwan. He had been working in the office and came out to assist when the van arrived.