Assault convictions against a New Plymouth police officer have been quashed by the High Court.
John Michael Galvin, of Central District's road policing team based in New Plymouth, was found guilty after a defended hearing in New Plymouth District Court in February on three counts of assaulting his former fiancee
Calla Walters.
Judge Allan Roberts convicted and discharged Galvin, who has been suspended on full pay since the matter was reported to police in March 2008.
In one assault Galvin was said to have grabbed Ms Walters around the throat and flung her to the ground after they argued when she did not want him to go out.
In a reserved judgment Justice Jill Mallon said Judge Roberts approached his assessment by setting out a list of the reasons which he saw as pointing in favour of Ms Walters' truthfulness, The Taranaki Daily News reported.
"The judge did not expressly consider the reasons which pointed in favour of the truthfulness of Mr Galvin."
Ms Walters' efforts to later withdraw her complaint also potentially supported Galvin's version of events.
Justice Mallon said Judge Roberts not only needed to consider the reasons supporting Ms Walters' version of events but also to consider whether Galvin's version of events was a reasonable possibility.
"Because he did not do so, his reasons for finding the charges proven were inadequate."
Justice Mallon said the case should not be sent for a rehearing.
"The allegations, if proven, were at the lower end of the seriousness. There were no injuries requiring medical treatment."
Defence lawyer Patrick Mooney said later Mr Galvin was not able to comment on the decision as he was still discussing his future with his employers.
- NZPA
