CCTV footage has revealed the moment New South Wales Police “hammerfisted” a man on the street during Sydney’s Gay and Lesbian Mardi Gras.

Bryn Hutchinson was charged with assaulting and resisting a police officer during Sydney’s Gay and Lesbian Mardi Gras in 2013. In court, months later, a judge dismissed the charges against him. Now, Mr Hutchinson is suing the NSW Police force for assault, battery, false imprisonment and malicious prosecution.

On the night in question, Mr Hutchinson attempted to cross Sydney’s famous gay strip, Oxford Street, approximately one hour after the 2013 Mardi Gras street parade, despite protests by police to stop.

Despite other members of the public crossing the road in the footage, Mr Hutchinson catches the eye of a police officer who tries to stop him, whom Mr Hutchinson ignores.

Soon enough, a convoy of police officers descend upon Mr Hutchinson, and he is seen falling to the ground, where police proceed to punch and kick him before he is dragged away and thrown into a police vehicle.

He was later charged with Assault and Resist officer in execution of duty.

During the parade, roads close to the public so Mardi Gras floats can travel through safely, but shortly afterwards during the clean up process, the public is eventually allowed to cross the street. By this stage, during the night in question, road blocks had been removed and street cleaners were busy cleaning the road.

In court documents obtained by news.com.au, a NSW Police sergeant claimed the assault was caused when Mr Hutchinson “deliberately” raised his legs in a move called a “figure four leg lock”, before wrapping them around the sergeant’s right knee and squeezing between his legs.

“I felt my right knee strain and felt pain to the inside of my right knee which was trapped between the accused’s legs. I yelled, “Let go of my leg,” the officer claimed.

In order to “free” his leg, the sergeant admitted he struck Mr Hutchinson with a combination of hammer fist strikes.

The hammerfist, a strike with the bottom of a clenched fist using an action like swinging a hammer, strikes cricket ball sized areas on the body.

In the footage, police can clearly be seen subduing Mr Hutchinson with a series of these strikes and kicks to the body.

“I was face down on the road and I couldn’t see what was going on, I couldn’t breathe and I was starting to panic.

“I was on the ground. They weren’t listening to the fact I couldn't breathe.

“I was in handcuffs that were far too tight and I told them that many times. They weren’t listening.”

In court, the sergeant said his role as OSG team leader required looking after public safety and public order, “to keep the streets safe and make sure there’s no assaults, any acts of violence taking place”.

Mr Hutchinson’s charges of assault and resist were due to the “leg lock”, according to police.

Mr Hutchinson’s sister, who witnessed the incident, was also charged with use of offensive language in public place. Her charges were later dismissed.

“They laid into me and needed a reason to charge me,” Mr Hutchinson told news.com.au.

“I was negotiating to cross the street, there were tens of people crossing the road that could have easily had an interaction like I had. The issue wasn't was I crossing the road or not. In what sort of system do you want to live where you can’t negotiate safe passage with the police?”

Mr Hutchinson’s charges were dismissed in court, and an appeal by NSW police was also dismissed.

“I am satisfied as to the accused’s genuine belief that he needed to act in the way that he did to protect himself as he was falling,” Magistrate Wynhausen said during the verdict.

“I am unable to be satisfied beyond reasonable doubt that while he was argumentative, stubborn and so forth his actions did not amount to resistance.”

Now, Mr Hutchinson has filed a civil case against NSW Police, claiming costs for legal fees and loss of work.

“Even if you win against the state or police you’re not awarded costs,” Mr Hutchinson said.

“I had to pay for my defence. Even though I won I was still short of money, to get some sort of justice is to sue the police force basically.

“I’d like some justice. I don’t believe I’ll get an apology, I don't believe the police believe they did any thing wrong. An apology would be nice but I don’t expect that will be the case.”

According to Mr Hutchinson’s lawyer, Peter O’Brien, cases of this type are all too familiar.

“I’ve prosecuted hundreds of these matters, we have about fifty of these matters on our books presently. We’ve acted in several matters for people who say they have been unlawfully treated by police.

“We hope that it doesn’t ever happen and especially at an important social and political event like the Mardi Gras parade, but when it does it’s important to know there are laws and restrictions that apply to police behaviour as well as ordinary citizens’ behaviour.

“If police overstep the boundary of their authority, of course the courts will hold them accountable as with any person.”

The same year, a police investigation was launched after another video of a NSW police officer throwing a handcuffed teenager, 18-year-old Jamie Jackson, to the ground and standing on his back went viral.

The video shows Mr Jackson with a head wound, apparently being taken into custody by several police officers.

He is seen crying and repeating that he “didn’t do anything wrong”.

An officer is then seen to throw Mr Jackson, who has his hands cuffed behind his back, to the ground before standing with one foot on his back for at least 20 seconds.

The arrests sparked an outcry with the Australian public, calling for an end to police brutality after suggestions the force were advantage of their position of power and not being held accountable for it.

This year, NSW Police urged partygoers to “make a plan and celebrate safely”.

“In the lead up to this weekend’s event, we’ve been engaging with Sydney Gay and Lesbian Mardi Gras staff to discuss and implement the best possible strategies for a positive and enjoyable celebration,” Operation Commander, Acting Assistant Commissioner Tony Crandell said in a statement.

“With significant crowds expected police will be focused on security and ensuring the safe passage of people via public transport hubs before, during and after the parade.”

- matt.young2@news.com.au