A police officer found guilty of assault on Monday returned to court in another case yesterday to say he did not kick a man lying on a driveway with a split lip.
Constable Alan Douglas gave evidence at the trial of Timothy Croft at the Auckland District Court yesterday.
Croft is charged with injuring with intent to injure and has pleaded not guilty.
Douglas and another constable were found guilty of assault in another case on Monday. He was accused of punching 18-year-old Joshua Hart in the face in February while the teenager was handcuffed.
Douglas told the court yesterday that he strongly denied the charge. His lawyer has applied for him to be discharged without conviction when he is sentenced in March.
Douglas also confirmed to the court that he faced charges in 2005 after allegedly punching a boy in handcuffs in the back of a police car.
"I was accused - it went through the courts but it was thrown out by a judge," Douglas said.
Croft also has previous convictions. In August 2007 police were called to a Swanson caravan park, where they arrested Croft for disorderly behaviour and assaulting a police officer.
Douglas told the court yesterday that he and his partner, Sarah Lord, went to Croft's Glen Eden address in May 2008 after police received a 111 call from Croft, who had been punched in the face by his neighbour.
Douglas said Croft was told he would be arrested if he went back to his neighbours and was told to go back inside his house.
"He got really wound up - shouting and swearing at us and coming towards us," he said.
Douglas said he tried to arrest Croft for disorderly behaviour, but Croft struggled and there was a scuffle which ended with Croft and Douglas on the ground.
He said Ms Lord was trying to restrain Croft's legs and was kicked, then hit in the face.
"Croft was focused on Sarah. If I had let him go, who knows what he would have done, given what he had done before - kicking and punching. There was no way I was letting go."
Croft's lawyer, Steve Cullen, accused Douglas of telling "a pack of lies".
He accused Douglas of kicking Croft while he lay on the ground. "I held him on the ground but I didn't kick him," Douglas said.
Meanwhile, the man assaulted by Douglas in February told the Herald he does not want Douglas or his co-accused Gareth John Needham to lose their jobs.
He said he wanted the Independent Police Conduct Authority to investigate.
"If they go back to being police officers, I'm sure they will have learned their lesson"
Douglas and Needham have been suspended on full pay. A police internal inquiry will be held after they are sentenced.
Guilty cop faces new questions in court
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