'Reasonable': Cop's assault charge for punching neighbour dismissed
An assault charge against a Ballarat police officer who punched his neighbour has been dismissed by a magistrate.
Sergeant David Berry had been on trial for assaulting his neighbour Samantha Mitchell in the early hours of May 4, 2017.
The unlawful assault charge against the veteran police officer was dismissed on Friday morning.
The trial did not go before a jury, instead presided over by Magistrate Frank Jones.
"In my opinion, Sergeant Berry's response when (the victim) raised her arms was a reasonable response in the circumstances," Mr Jones said.
Over the duration of a lengthy court case, Berry had admitted he punched Ms Mitchell and broke her nose, but did so out of fear for his own safety.
The punch allegedly occurred in a Newington street after Ms Mitchell claimed she went to Berry's house for help because she had had an argument with her partner, who forced her out, and her children were at his house.
Mr Jones said he had issues with the credibility of the victim's evidence, while Sergeant Berry "had no axe to grind", and they had a "friendly neighbourhood relationship" prior to the incident.
He took issue with the victim's version of the incident, where she said she was hit from behind.
Sergeant Berry said he had approached the victim after he saw someone outside his house late at night, chasing her down the street.
He said she had stopped, he caught up with her, and had her arms crossed, responding "whatever Dave" when he asked what was going on.
He said she raised her arms quickly and he had punched her in the face.
The Courier