Cop loses appeal over bra assault

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 told.

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 trial.

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 incident.

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