The Commissioner of Police will soon make a decision as to whether Barbadian cop Dennis Ricardo Archer who was convicted of punching a woman will be allowed to stay in the Bermuda Police Service.

A Police Media Relations spokesman said Commissioner Jonathan Smith is ?aware of the findings and a decision will be made in due course?.

Archer, 41 of Devonshire was fined $1,200 for assaulting Jacqueline Jackson and causing her actual bodily harm in Devonshire on July 18, 2003.

The Bermuda ICC cricket team all-rounder?s lawyer, Mark Pettingill said Ms Jackson did not want to press charges and the sentencing was adjourned a week for Crown counsel Shakira Dill to contact her.

Ms Dill read Ms Jackson?s letter in court yesterday.

?My encounter with Mr. Archer?s fists have been a mental and physical ordeal,? Ms. Jackson said. ?I wish to inform you I have not changed my views.

?I have diminishing sight in my left eye-sight as the result of one punch. I believe he should be held accountable for his actions.?

Magistrate Khamisi Tokunbo said Archer had committed a very serious offence and ?an absolute discharge was absolutely inappropriate?.

?The defendant has been convicted of a serious offence which was tested on appeal,? Mr. Tokunbo said. Archer was convicted in November 2004.

?I have been urged by counsel for the defence to deliver a sentence of a conditional discharge, in relation to the defendants previous good standing, it was a sudden crossing of the threshold, it was a one-off incident and took place in the face of some provocation.

?That is true but that is all he has in his favour,? the Magistrate said. ?First and foremost this conviction is a very serious offence involving violence. He has undergone a full trial as is his right but he cannot claim remorse or the benefit of a guilty plea. A discharge is not appropriate.?

Mr. Pettingill said three out of the four elements of the defence of provocation were accepted by a Magistrate. The fourth element was appealed to the Supreme Court, however, the appeal was not successful. ?Hell hath no fury like a woman scorned,? he said.

Penny Dill, executive director of the Woman?s Resource Centre said yesterday ?now that we have seen an increase in penalty for this type of behaviour I hope the courts would take the breaking of domestic violence protection orders just as seriously?.