A Queensland police officer who restrained and kicked a woman
after she flicked her bra at him has lost an appeal against
his common assault conviction.
Constable Alex Alexander was found guilty of assaulting
Melanie Burgoyne after a two-day trial in the Cairns
Magistrates Court in April.
He received a three-month suspended sentence.
The court heard the incident occurred in April 2011 after
Const Alexander arrested Ms Burgoyne for an alleged drunken
altercation with family members at a motel.
The court heard Ms Burgoyne removed her bra while in the back
of the police vehicle, then flicked it at Const Alexander's
head when they entered the watch house.
Const Alexander forced her to the ground, restrained her and
then kicked her twice in the back of the head, the court was
He appealed the matter in the District Court in Cairns
earlier this month, where his barrister, Tony Kimmins, argued
the conviction was unsound.
He attacked the credibility of Ms Burgoyne and other
witnesses, and argued the magistrate had erred in finding his
client had assaulted her in the manner described during the
Mr Kimmins also argued there was evidence Ms Burgoyne had
provoked Const Alexander into losing his temper.
In a written decision handed down this week, the court
dismissed the appeal.
Judge Brian Harrison found that although there were
discrepancies in witness accounts, it was clear Const
Alexander had deliberately kicked Ms Burgoyne.
He also found Const Alexander's behaviour was
disproportionate to the level of provocation during the