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					                                    NSW POLICE SERVICE

                                 STATEMENT OF A WITNESS

In the matter of:       ASSAULT UPON CHRIS COOPER

Name:                   Chris COOPER


1.       This statement made by me accurately sets out the evidence which I would be prepared, if
         necessary, to give in court as a witness. The statement is true to the best of my knowledge and
         belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have
         wilfully stated in it anything which I know to be false, or do not believe to be true.

2.       I am 35 years of age.

3.       I am a licensed security officer in the state of New South Wales, and have been conducting security
         operations for over ten years. I was requested by Mr Robert Lancaster to provide personal protection
         to a female client in The Entrance, who was concerned for her safety as her ex-husband was violent
         and had put her into hospital on previous occasions. The client intended to remove some of her
         personal items from a home that was owned by her company, which was being used by her ex-
         husband against her consent, and without legal authority to reside there. Mr Lancaster advised me
         that the lawyers had authorised the removal of effects and that the POI Mr David Smith had been
         served with an eviction notice on an earlier occasion, and had not paid rent or had any other legal
         agreement to reside in the home. He advised Mr Smith was not a director of the company that
         owned the home, and that it had been recently sold.

4.       On 8 February, 2004 at about 10.15am I arrived at 42a Nelson Bay Rd, Nelson Bay. I saw a
         locksmith talking with a female person. I spoke with that female person who I know by the first name
         of Fiona. I said, "Hi I am just here for security." She said, "Fine." She began packing up items while the
         locksmith began changing the locks.

5.       About 11.50am another female person arrived who advised she was the girlfriend of David SMITH. I
         think her name was Trixie. There was also a young male about 25 years old present who appeared
         to be her son. He had a disfigured right eye which I was advised by Fiona was due to an explosion
         that occurred when he was previously making a bomb. She said, "David is on his way up from
         Sydney now to sort things out." She had an aggressive demeanour and implied that David intended
         to deal with the situation in a violent manner. She then said, "Who are you?" I said “I am just here to
         look after the place." She said “Well, I will be leaving my car here then” and left her car, a blue
         sedan, in the driveway of the premises, fully obstructing any vehicle access. At this point, I contacted

Witness:                                                          Signature:
                                                                                              Chris COOPER
                                                Page 2
                                      Statement of Chris COOPER
                           In the matter of ASSAULT UPON CHRIS COOPER

       The Entrance Police station by telephone. I identified myself and purposed for being there, and then
       advised them that a violent incident may be imminent and Trixie’s vehicle was blocking access to the

6.     About 12.00 police have arrived at the premises and were speaking with neighbours and with Trixie
       and her son. At this point I had not identified myself to them. About 12.15pm a male in a white Ute
       arrived at the premises. As he has approached I could hear the tyres skidding slightly which
       indicated a hurried arrival. Trixie and her son both said, "Look out, he's here now” or words to this
       effect, and implied there was now going to be some trouble. I stood in front of the property as he
       exited the vehicle and said, "Hello how are you going? What are you here for?" He said, I am going
       to go into my house." At this point a female police officer, who I know as Constable MARSTERS, has
       said, "Calm down, just wait over here till we sort things out." (or words to this effect.) I have entered
       the property and stood near the front door which was closed. Senior Constable MCLELLAND and
       Constable MARSTERS repeatedly advised Mr SMITH to settle down and to wait while the situation
       was resolved. Mr SMITH was extremely violent and aggressive. He was swearing, "I'm gonna
       fucking get into my house. You can't fucking stop me." He repeated this several times whilst making
       physically intimidating gestures. Mr SMITH jumped the side fence of the property and stood in front
       of me by the front door. The two police constables have also jumped the fence and stood either side
       of him. They continued to direct him to move away and leave the immediate vicinity whilst the
       situation was resolved. They were saying words to the effect of, "Just get back, go away, wait until
       we resolve the situation, calm down." Mr SMITH then approached me and without warning slammed
       his forehead into my face, hitting me in the left eye with some degree of force. He then raised his
       fists and said, "Come on I will take you on, let's go, I will sort you out now". Mr SMITH then raised his
       fists in a boxing pose and began shadow boxing, moving around and goading for a fight.

7.     The police officers have moved towards us and separated him back from me slightly. SMITH has
       then walked off to the rear of the premises while I followed him in the company of the two police
       officers. SMITH entered the rear door of the property (which was open as the locksmith was
       changing the locks at this point) and into the kitchen area. He began pacing around. He observed
       Fiona in the house and lunged towards her in an aggressive manner screaming, "You fucking bitch,
       I'll get you, this is my house." Senior Constable MCLELLAND and I moved quickly and restrained
       SMITH. MCLELLAND was on top of him as he struggled violently. I began removing SMITHS shoes
       in an attempt reduce his mobility on the polished wooden floor, and hence his capacity to inflict
       violence. Whilst we were struggling on the floor Constable MARSTERS has requested me to stop
       being involved in the struggle. Eventually SMITH stopped struggling and stood up. Senior Constable
       MCLELLAND directed SMITH to the rear of the property to separate the parties.

8.     I received bruising and visible swelling to my left eye. At no time did I give permission for anyone to
       assault me in any way.

Witness:                                                   Signature:
                                                                                    Chris COOPER

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