A Tayside police constable accused of assaulting a nightclub bouncer with his baton walked free from court on Thursday after a sheriff said hitting the man five times with the implement was “justified”.
PC Douglas Fisher who is also a lieutenant in the Territorial Army and has served in Afghanistan was found not guilty of assaulting Nawras Alwan during an incident in Dundee’s South Ward Road on October 23 2011.
The officer, who was on duty, struck Mr Alwan repeatedly on the body with his police baton in an effort to subdue him during a fight, Dundee Sheriff Court was told.
Mr Alwan (28) told the trial that a fight had broken out involving him, his brother and Steven Cruickshank outside Liquid nightclub, where he worked.
Police were on the scene in seconds and Mr Alwan said he had put his hands up as Fisher who once won £15,000 in an employment tribunal against his force started to strike him, but that Fisher had continued even though he had “stopped”.
Fisher (39) denied the assault charge.
Sheriff Kenneth McGowan acquitted him after the three-day trial, saying: “In my view it can’t be said that the means adopted by Mr Fisher were wrong.
“Mr Alwan did not respond to commands that were being given. It was only when he faced Mr Fisher and put his hands up that he showed positive signs that he was complying.
“I am satisfied that the force used was justified.”
Earlier, PC John D’Ambrosio, an officer safety training coordinator with Strathclyde Police, told the court PC Fisher had used “excessive force.”
He said: “On viewing the footage there’s no act of resistance that I can see.
“After the first strike the male was submissive. In my opinion, from seeing the video, I would say it was excessive to continue with the strikes.”
However, Mark Stewart QC, defending, argued that in the situation Fisher was entitled to use his baton to take control.
PC Fisher declined to comment as he left the packed courtroom but solicitor Ross Donnelly said: “Mr Fisher is very pleased at having been acquitted of this charge, having maintained his innocence from the outset.”