Cop who punched his neighbour in the face leaving her bleeding with a badly broken nose has charges DISMISSED as magistrate rules his attack was reasonable self-defence
- Police officer who punched his neighbour in the face has his charges dismissed
- Sergeant David Berry, from Ballarat, admitted to punching Samantha Mitchell
- He claimed he acted in self-defence when he punched her on May 4 2017
- Magistrate Frank Jones dropped the charges, claiming actions were 'reasonable'
A police officer who left his neighbour bruised and bleeding after punching her in the face has had his charges dismissed because the attack was 'reasonable'.
Sergeant David Berry, from Ballarat in Victoria, punched his neighbour Samantha Mitchell in the street May 2017.
His charge of assault was dropped on Friday morning because a magistrate ruled he was acting in self defence.
Magistrate Frank Jones ruled Sergeant Berry's actions were reasonable due to the circumstances of their altercation, The Courier reported.
Sergeant David Berry, from Ballarat in Victoria, admitted to punching Samantha Mitchell (pictured), in an act of self-defence, on May 4, 2017
The unlawful assault charge was dropped by Magistrate Frank Jones on Friday morning, when he ruled Sergeant Berry had simply responded reasonably
'In my opinion, Sergeant Berry's response when (the victim) raised her arms was a reasonable response in the circumstances,' Magistrate Jones said.
'I find that he acted in self-defence.'
The altercation occurred on Newington Street after Ms Mitchell sought Sergeant Berry's help following a heated argument with her partner.
Share this article
She went next door to Sergeant Berry's house at about midnight because she had been kicked out of the house by her partner.
Magistrate Jones said he held concerns about Ms Mitchell's description of events, which included allegations the veteran police officer hit her from behind.
He said Ms Mitchell had 'a serious drinking problem' and 'a pathological hatred of Ballarat police', ABC reported.
Sergeant Berry said he followed Ms Mitchell down the road because he saw someone chasing her.
Sergeant Berry asked her what was happening and she responded: 'Whatever Dave'. Sergeant Berry said she then flung her arms up into the air quickly and he punched her in the face
When he caught up with Ms Mitchell, he noticed she had her arms crossed in front of her.
Sergeant Berry asked her what was happening and she responded: 'Whatever Dave'.
Sergeant Berry said she then flung her arms up into the air quickly and he punched her in the face.
Magistrate Jones said he found Sergeant Berry's evidence believable and Sergeant Berry 'only had his hands to defend himself with'.
Sergeant Berry said the pair had a 'friendly neighbourhood relationship' prior to the incident and he 'had no axe to grind'.
