A Geelong police officer has been found guilty of assault after kicking a man in custody three times to the side of his body.
- Magistrate John Lesser found Sergeant David Magher guilty of two counts of assault and not guilty of one
- The judge found he could not conclude beyond reasonable doubt that the first of the three kicks was unreasonable
- Sergeant Magher’s defence had argued he used reasonable force during a difficult arrest
Sergeant David Phillip Magher was charged with three counts of assault and suspended in 2018 by Professional Standards Command after kicking Andrew Birch as he was being transferred from a divisional van to a holding cell at Corio Police Station.
After a six-day contested hearing in the Geelong Magistrates’…