A New South Wales Police officer drew his gun on a disability pensioner and capsicum sprayed her dog, in what was later described by a magistrate as a "gross overreaction".

Key points: Lytha Owlstara failed to pull over when police indicated for her to do so

Lytha Owlstara failed to pull over when police indicated for her to do so Senior Constable James Hurtak drew his gun on her, capsicum-sprayed her dog and later forced her to the ground

Senior Constable James Hurtak drew his gun on her, capsicum-sprayed her dog and later forced her to the ground The incident was all captured on the police car's dashcam

A 7.30 investigation into NSW Police has uncovered shocking cases across the state where police have faced criticism from judicial officers over their actions with vulnerable people.



In one case in September 2013, Camden highway patrol officer James Hurtak signalled for a vehicle to stop after his onboard computer detected it had an expired registration.

The car failed to stop and Senior Constable Hurtak began a pursuit that lasted several kilometres.

When the vehicle pulled into a property, Senior Constable Hurtak followed the car.



The vehicle was being driven by then 59-year-old Lytha Owlstara.

Senior Constable Hurtak had said he was unaware who was driving the car during the pursuit or why they were evading the police.

Ms Owlstara said she did not stop because she did not believe the police car was pursuing her, and that she was driving well below the speed limit.

When Ms Owlstara arrived at her home, the officer ran into the garage with his firearm drawn.



"A gun was put to the back of my head and a male voice said, 'I will shoot you,'" she told 7.30. The officer denies putting the gun to her head.



Sorry, this video has expired Lytha Owlstara says she had a gun pointed at her head. This is denied by police.

At first, Ms Owlstara claims she thought she was being mugged.



"He told me to put my hands up on the car, which I did, and then I turned and realised that it was the police officer," she said.



The officer's dashcam footage, obtained by 7.30, clearly shows him manhandling her and forcing her to the ground.



Ms Owlstara's pet husky appeared at her side throughout her ordeal. The dog growled and appeared to lunge at the officer.



In the dashcam footage Senior Constable Hurtak can be seen repeatedly spraying the dog with capsicum spray.

Ms Owlstara can be heard saying: "He hasn't bitten you, all he's trying to do is tell you ..."

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Senior Constable Hurtak replied: "What's that? They're bite marks, he bit me. He's lucky if I don't shoot him."



The footage later shows the officer swinging Ms Owlstara around as she calls out for help.



Ms Owlstara told 7.30: "This is the person that you trust, who says 'serve and protect the community' ... he's the person who's roughing you up, hurting you."

Ms Owlstara is now suing NSW Police over Senior Constable Hurtak's arrest of her.

NSW Police has defended Senior Constable Hurtak's actions throughout the trial. The case is now awaiting judgment.

During the hearing, Senior Constable Hurtak said he drew his firearm because he was fearful of what was waiting for him inside the garage.

The NSW Police has fully backed his actions and has denied Owlstara's claims in court.



Magistrate criticises 'heavy-handed' police response

Lytha Owlstara is suing NSW Police. ( ABC News: Alex Mcdonald )

Ms Owlstara was charged and pleaded guilty to failing to stop when directed by police and driving an unregistered and uninsured vehicle. At her sentencing hearing before Magistrate Mary Ryan in Picton Local Court, no conviction was recorded and the charges were dismissed.

The police prosecutor said Senior Constable Hurtak was unaware of the identity of the driver or why they were evading the police, which prompted his response.



The officer's in-car computer system had also wrongly detected that her licence was suspended. The prosecutor said that there were "significant concerns" that were raised when the car failed to stop and drove into the garage.



Magistrate Ryan described Senior Constable Hurtak's conduct as "just incredible" and said she had "never ever seen anything like this where a gun's been pulled out".

"I have to say, I've never struck anything like that, just as a citizen or as a judicial officer or as a lawyer. I'm just flabbergasted," Magistrate Ryan said.



"[If] my mother or someone was treated in that respect, it just appals me ... even when I try and factor in the dangerous job police have.



"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."



The magistrate said it was unlikely Senior Constable Hurtak would not have realised Ms Owlstara was driving the car, because the in-car computer would have recorded her home address.

A spokesman for the NSW Police said "we are not in a position to respond to your questions whilst the Owlstara matter is alive before the courts."

Senior Constable Hurtak also declined to respond to questions, but said that both an internal police inquiry and another inquiry by the NSW Ombudsman did not find any fault with his actions.



Police officer 'massaged the truth' in court hearing



Sorry, this video has expired Jude Costello says police "threw" her into a police car.

In a separate case, a woman with a serious disability successfully sued NSW Police after two officers conducted a deficient investigation, and instead unlawfully arrested and detained her.

Jude Costello, 34, has an acquired brain injury with related cerebral palsy from an accident when she was a child.



Her former partner made a visit to her house and both made allegations of assault against each other.



Two police officers from Lismore, Sergeant Craig Ahrens and Senior Constable Megan Cook, attended her house.

The officers did not take Ms Costello's version of events into account, arresting and charging her and placing her into the back of a police van, despite her serious physical disability.



"It was horrible, I felt humiliated, I felt like I was nothing. I was treated so poorly and anything that I said to the police, they disregarded," she told 7.30.



"I was mortified. I never thought that somebody who is innocent and somebody who is vulnerable could be treated like that."



All of the charges against Ms Costello were later withdrawn, and she sued the police for false imprisonment.

She was successful, and in 2017 district court judge Leonard Levy delivered a scathing assessment of the officers' conduct and awarded Ms Costello $70,000 in damages.



Judge Levy found that Sergeant Ahrens had "massaged" the facts around the incident and had "provided a distorted picture" that weighed more favourably towards how Ms Costello's former partner described events.



The court found that Sergeant Ahrens made no notes at the time about what Ms Costello had said or done in response to questions.

He claimed to have spoken to her and disregarded her version of events.



The judge found it was difficult to accept his evidence, given there was no record of the conversation.



The judge said the failure to take any notes was "a most perplexing circumstance".



Recording: Police officer threatens to drag her out by hair

Sorry, this video has expired Audio of a voicemail message left by a police officer on Jude Costello's phone.

Ms Costello alleges she was later targeted by NSW Police officers.

In another unrelated incident in June 2013, a sergeant from Lismore police left a voicemail on her telephone accusing her of stealing the keys of a man at a pub.



The officer can be heard saying in the recording: "What I don't want to have to do is come into the pub or knock in your door at four in the morning and drag you out of bed to get his gear.



"So give him a ring and give him his gear back, otherwise we might have to crawl through your window at 4 o'clock in the morning and drag you out of there by your hair. Have a nice day."

The recording was played in court as part of Ms Costello's civil case against the police.

Documents from her case show that a senior police officer advised Ms Costello's lawyers that the sergeant had been spoken to, and an email had been sent out to remind all officers about the need for professionalism.



She said she decided to take the police to court to try to prevent other people with disabilities being treated the same way.



"I think getting justice and making sure that people with disabilities like myself are acknowledged and heard [is important], and I felt like I had to do something," she said.



A NSW Police spokesman declined to comment on Ms Costello's case.

For more on this story, watch 7.30 tonight on ABC or iview.