legal proceedings against a Police inspector who kicked a homeless man in his groin, and broke his hand at the Hamilton Police Station.

Lawyer Mr. Philip Perinchief said that because two years had passed since the incident, further prosecution would depend on the Attorney General's discretion.

Meanwhile, Mr. Perinchief said his client had made a formal complaint, and was in the process of seeking a civil remedy from the Criminal Injuries Compensation Board.

"No member of the public should be susceptible to this reprehensible conduct,'' Mr. Perinchief said. "He is an inspector and he should know better.'' Magistrate the Wor. Chares-etta Simmons handed down her ruling last week.

In it she chastised Police Inspector Edward Gibbons for "abominable conduct on the stand''.

Miss Simmons said Insp. Gibbons laughed while recounting the fight in which he kicked Warren Wayne Smith, 55, so hard in the groin that he broke Smith's hand (Smith was trying to protect his privates).

The incident occurred in December 1992. Insp. Gibbons arrested Smith and charged him with drinking intoxicating liquor in a public place, using offensive words and assaulting a Police officer.

Ms Simmons said although Insp. Gibbons and P.c. Glasford's testimony were exact on many points, there were many other areas where they differed.

The Magistrate pointed out their collaboration after the incident greatly "diminished the reliability of P.c. Glasford's evidence''.

Additionally, Ms Simmons said Insp. Gibbons and P.c. Glasford differed about how the fight started.

P.c. Glasford said he saw Smith push Insp. Gibbons to the floor inside the station. Afterward he said Insp. Gibbons punched and kicked him (Smith).

But Insp. Gibbons, the Magistrate pointed out, testified he only punched and kicked in self defence while on the floor as Smith advanced.

However, Ms Simmons said Insp. Gibbons never testified that he got up from the floor so it seemed inconceivable that he could generate enough force to break Smith's hand while lying on the floor.

Ms Simmons said Dr. George Shultz's examination found injuries between Smith's legs which were consistent with his being kicked. These included broken hand bones as he attempted to protect his private area.

Noting Insp. Gibbons denied kicking Smith in the groin area, the Magistrate said: "The prosecution's case failed to provide evidence of any other source for injury barring the fanciful.

"That leads me to the inescapable conclusion that (Smith) is telling the truth...

"I am just as inescapably drawn to the conclusion that Inspector Gibbons did kick (Smith) in the groin area and thereby broke the defendant's hand...

"I find as a fact that Inspector Gibbons used unreasonable force on (Smith) as he entered the secured area of the Police Station.'' Ms Simmons then acquitted Smith of assaulting Insp. Gibbons and granted him an absolute discharge on the charges that he used offensive words.