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Cop pulled knife on men, NSW court hears

AAP logoAAP 18/08/2016 By Rebekah Ison

A Sydney policeman has broken down in tears as he described his shock at a fellow officer pulling a knife while questioning two men about a reported fight.

Marrickville Constable Darin Christopher Martin, 44, allegedly suggested a 10cm folding knife could be used to perform a blood test on the men, who had been stopped in relation to a call about people fighting in the streets in the early hours of January 18.

Constable Juan Congdon told the Downing Centre Local Court that Martin had been in a conversation with the men about consorting laws when one, Joel Donohue, said they could not be warned for the offence because they were relatives.

Martin then pulled out a knife and said words to the effect of "we can do a blood test now", he told the court.

"I was in shock," a teary Const Congdon said on Thursday.

"I didn't think these things happened."

The court heard Martin, who is representing himself, twice told a superior that he'd pulled the knife.

Const Congdon said Martin was upset and said "it shouldn't have gone this far" when the pair got back in the car.

He also told the court he was in disbelief and initially told Martin he "didn't see anything".

"Don't worry mate, just call it as it is" Const Congdon recalled Martin saying.

"Call a spade a spade."

Mr Donohue told the court he thought he was going to be stabbed when the knife was produced as he sat on the ground in front of a business near the corner of Marrickville and Illawarra Roads.

Martin does not deny producing the knife but suggested to Mr Donohue that he may have been intending to use it as a "visual aid" during the consorting conversation.

He also suggested Mr Donohue resented police and had made threats to "punch on".

Mr Donohue said he recalled being polite.

"I had the knife out, had it in my hand and I said to you, you could use my knife if you like, do you agree?" Martin said on Thursday.

"No," Mr Donohue replied.

Martin has been charged with one count of stalk or intimidate with intent to cause fear of harm.

The hearing is expected to continue on Friday.

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