Alleged threat as battered off-duty cop lay unconscious

Duncan MurrayAAP
Camera IconA teenager accused of instigating a "ferocious attack" on two off-duty cops has been denied bail. (Ronnie Amini/AAP PHOTOS) Credit: AAP

One of the young men accused of brutally bashing two off-duty police officers allegedly told them "know your place" as one lay unconscious with bleeding to the brain.

Before a court refused his bail application on Thursday, 18-year-old Danai Deneiderhavsein's lawyer said he may have been acting in self-defence, noting the alleged victims did not identify themselves as police.

Deneiderhavsein was arrested along with Koby Weaver, 20, and later Finley Goodwin, 22, with the trio facing a range of serious assault charges including intentionally causing grievous bodily harm.

As one of the officers lay unconscious and seriously injured, Deneiderhavsein allegedly returned to continue the violence, yelling "know your place, I could have stomped your head here".

The alleged melee took place at the popular entertainment precinct of Enmore Road in Newtown, in Sydney's inner West, about 11pm on January 22.

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As Deneiderhavsein faced Downing Centre Local Court on Thursday, dialling in from Silverwater Jail, he picked at his teeth and appeared nonchalant.

His lawyer Timothy Scott told the court an initial version of police facts suggested one of the off-duty officers had thrown the first punch, but that the record was later changed to "favour the prosecution case".

Prosecutors do not allege either of the men identified themselves as police officers or were acting in such a capacity at the time.

"While the complainants were police officers, these men were not in uniform, they did not introduce themselves as police officers," Mr Scott told the court.

However, Magistrate Theo Tsavdaridis said the revised facts suggested an act by Deneiderhavsein was the "catalyst" to the subsequent violence.

Before the altercation, police allege the three accused were arguing loudly with each other outside Oporto restaurant in Newtown, with Deneiderhavsein also seen harassing young women nearby.

Police allege the two off-duty officers were attempting to walk past the young men, when Deneiderhavsein shoulder charged one of them.

The officers allegedly attempted to continue walking before the groups exchanged several pushes and a punch was allegedly thrown by Deneiderhavsein.

The ensuing fight spilled onto the street causing traffic to stop before one of the officers was knocked to the ground.

It is alleged while on the ground, Weaver "with extreme force, has used his right foot to stomp on (the man's) face causing his head to reverberate on the concrete and rendering him immediately unconscious".

The attack left that officer with injuries including bleeding to the brain and multiple facial bone fractures, while the other suffered black eyes and several lacerations to his face.

In opposing bail, police prosecutor Sergeant Adrian Walsh labelled Deneiderhavsein the instigator behind the "ferocious attack".

"It's not either of the complainants that has thrown the first punch, it's this accused," he told the court.

Mr Tsavdaridis noted the two off-duty officers appear to have made at least three separate attempts to diffuse the situation and put space between them and the accused.

"It is those acts which make it abundantly clear to me … that the two complainants were doing their utmost best to disengage ... from the violence which was playing out," he said.

Weaver and Goodwin have also both been denied bail and will face court on March, while Deneiderhavsein's matter will return to court on March 13.

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