A FORMER New England police officer has been cleared of perjury but has been found guilty of assaulting a woman in the cells eight years ago.
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Nigel Douglas Kentish was found guilty in Armidale Local Court on Wednesday of assault occasioning actual bodily harm of Armidale woman Janelle Boekeman, after a hearing spanning less than three days.
The former senior constable was convicted of the 2009 assault – which occurred inside the Armidale Police Station cells – and fined $1,000.
But Magistrate Greg Grogin found Kentish not guilty of seven other charges of fabricating false evidence with intent to mislead a judicial tribunal and making a false statement on oath amounting to perjury.
A charge of giving false or misleading evidence at a hearing before Commission was withdrawn.
Kentish had denied all nine charges against him but the hearing was delayed nine months while the retired officer recovered from serious health problems including a bleed on the brain.
He was charged by the Police Integrity Commission (PIC) in December, 2015. PIC maintained Kentish assaulted Ms Boekeman on September 26, 2009, causing actual bodily harm at Armidale Police Station following an earlier arrest.
The former officer was then accused of fabricating false evidence in parts of his police statement on the incident with intent to mislead Armidale Local Court in proceedings in October, 2010.
Kentish was also charged with making the false statements under oath on July 23, 2010, at Armidale.
The hearing – which was set down for five days – heard evidence from Ms Boekeman, witnesses and Kentish.
In his evidence, Kentish said “I know I hit her” after she allegedly kicked him in the groin. He admitted to striking her in the head and believed he “hit her with an open palm”.
But later admitted in his evidence on Tuesday that he punched her – something PIC alleged he changed in his original statement to justify his actions.
Witness Sergeant Anthony Kirk was charged with fabricating false evidence with intent to mislead a judicial tribunal as well as making a false statement on oath amounting to perjury.
He was initially found guilty at a hearing in Armidale in September, last year, but was then acquitted of both charges on appeal in a Sydney court by Acting Judge Colin Charteris.