A JUDGE has thrown out a case against a police officer convicted of perjury in Armidale.
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Sergeant Anthony Kirk was acquitted of two charges on appeal in a Sydney court after Acting Judge Colin Charteris found him not guilty.
Sergeant Kirk, a former Armidale officer, is now a serving officer in the Northern Region.
During a hearing in Armidale Local Court, Magistrate Michael Holmes found the sergeant guilty of fabricating part of his police statement on September 26, 2009, as well as making a false statement to Armidale Local Court in a case on July 23, 2010.
He was convicted on both charges and handed 12-month suspended sentences for each offence.
Sergeant Kirk immediately appealed and during a hearing in the Downing Centre District Court on Friday, Acting Judge Charteris quashed both convictions.
He said the accused was free to go.
The Leader understands Sergeant Kirk has been cleared to return to full duties.
Sergeant Anthony Kirk had pleaded not guilty to both charges, which stem from an alleged assault by his co-accused Nigel Douglas Kentish in Armidale Police Station in September, 2009, on Janel Boekeman.
Mr Kentish, who has pleaded not guilty to nine charges, remains before the courts.