A police detective accused of assaulting his wife by pushing her to the ground today claimed he was acting in self-defense because he feared she would attack him.
Dorset Police Detective Constable David Alway alleged that partner Tamsyn Alway punched him in the face during an earlier incident at their Bournemouth home.
The 41-year-old told a court that he felt ‘threatened’ and was afraid of being hit again, so responded by pushing her ‘reasonably hard’.
Mrs. Alway then “stumbled backwards” and fell to the edge of the patio, the court heard.
She sustained head and hand injuries during the incident on December 13, 2019.
Detective Constable Alway, who denies that assault actually caused bodily harm, is currently on trial in Crown Court in Southampton.
Detective Constable Alway, who denies that sexual assault actually caused bodily harm, is currently on trial in Crown Court in Southampton
Judges heard today that the couple had been married for five years, but had split up earlier in June 2019.
The couple still lived in the same house, but slept in separate bedrooms.
Alway gave evidence, saying his wife beat him up in a previous fight in July of that year.
Always said the fight broke out after he confronted her after looking at her phone and found out she was seeing someone else.
He said, “Tamsyn doesn’t say a word to me, just walks out of the bathroom and punches me in the face.
It was certainly hard enough to cause me pain and turn back in shock and jolt me backwards.
“My immediate response is ‘I don’t want to be hit anymore,’ I felt the attack wasn’t provoked at all, so I pushed her away.”
He said he then held her up to the wall in an attempt to “calm the situation.”
Always said the December argument, for which he is on trial, arose after he returned from a Christmas party at work and a conversation about the divorce turned into an argument.
He admitted slamming her bedroom door before the argument continued in the kitchen.
She always said she got angry looking for their dogs that he had just let into the yard.
The detective, who previously lived in Bath, said: ‘She is very angry about where the dogs are, I can clearly hear her say she hates me, she wants to kill me, I feel very threatened right now.
“My immediate reaction from where she walked up to me because of the previous incident is to raise my hands and push her away.”
He continued: ‘I didn’t push her with my full force, there’s no point pushing her extremely lightly because it wouldn’t achieve what I wanted so I pushed her pretty hard with what I thought would make her love me. to get off. .
Tamsyn stumbled back and then fell to the edge of the patio.
‘I heard a howling pain, she got up fairly immediately, I assumed it wasn’t a serious injury. I didn’t want the situation to escalate, so I left. ‘
Detective Sergeant Mark Portelli, who was the defendant’s line manager at Dorset Police (photo: Dorset Police Headquarters), said he was made aware of the charge on December 17 and shortly afterwards Alway asked for a private conversation with him
He added: ‘I don’t think she wants to be spiteful, but I think she’s confused about what happened, it all happened so quickly, she got hit in the head and can’t well remember.
“The circumstances were that I was worried she was just about to attack me, so I responded by pushing her away.”
The court had previously heard how Simon Storr, a friend of Ms. Alway, had a video call with her when the argument broke out.
Mr. Storr said: ‘He (always) came to Tamsyn’s room, the conversation between them was restless, it got a little heated.
‘Tamsyn said,’ You can’t just come into my room, can you please close the door, I’m on the phone with someone ‘.
He left the room, the door slammed hard, she was surprised and shouted ‘What the f ***.’
Mr. Storr continued, ‘I said,’ Are you all right? Is everything all right? She was upset when the door was slammed when the mirror had come off the wall.
“I asked her to pack her things and leave the house, she was upset.”
He added, “Tamsyn was hysterical when things got out of hand.”
Mr Storr said he organized an Uber taxi to pick her up and when she got to his house he said she was ‘very upset’.
He said Ms. Alway had an injury to her hand and a “big lump on her head” which she said happened when she was pushed into the yard when she went to bring her dogs in.
Detective Sergeant Mark Portelli, who was the defendant’s line manager with the Dorset Police Department, said he was made aware of the charges on December 17, and shortly afterwards Alway asked for a private conversation with him.
Mr. Portelli said that Alway had told him about the incident and said, ‘When I got home from my night out, Tamsyn and I had a fight, I pushed her and she fell to the floor and hurt her wrist.
“I thought it was a minor injury, but now she says she broke her wrist, now she says she wants me to leave the house.”
Mr Portelli said Alway was ‘very emotional, very tears, very upset’.
He said the defendant was arrested shortly afterwards to be interviewed about the accusation.
A Dorset police spokesman said Alway had been placed on limited duties after the impeachment.
Always denies the charge and the trial continues.