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Policeman cleared of GBH charge

A Police Officer accused of grievous bodily harm after knocking out a man?s teeth during an attempted arrest was acquitted yesterday morning in Magistrates? Court.

Police Constable Glynn Kellman appeared amid a courtroom full of supporters as Senior Magistrate Archibald Warner ruled that the officer had acted within the jurisdiction of his duties.

Pol. Con. Kellman had been charged with causing grievous bodily harm to Eversley Zuill in February 2005.

In making his ruling, Mr. Warner said: ?The defence in this case is self defence and the use of reasonable force in executing an arrest.

A Police officer in executing a lawful arrest is entitled to use reasonable force in executing that arrest.?

The court previously heard that the officer, 38, of Slippery Hill, St. George?s, arrived on the grounds of a Hamilton Parish church after receiving a complaint from Mr. Zuill?s ex-girlfriend, who claimed he had assaulted her and forcibly taken their young son from a day-care facility.

While at the church, Mr. Zuill is said to have resisted arrest, causing Pol. Con. Kellman and another officer to restrain him and pin him to the ground.

During the trial, the court heard statements from two pastors ? Leroy Bean and Ronald Smith ? who witnessed the altercation.

The pastors alleged Pol. Con. Kellman punched Mr. Zuill repeatedly in the face, drawing blood and causing him to lose two teeth.

The court also heard that Mr. Zuill had four additional teeth extracted after suffering from ?blunt force trauma? during the incident.

Mr. Warner said he would take all the evidence into account, but told the court there were ?inconsistencies? in the ?three completely different accounts? from the Crown?s witnesses, who allege the officer deliberately struck Mr. Zuill.

?The evidence is unreliable and I attach little weight to it,? said Mr. Warner.

The Senior Magistrate added: ?It is my view Kellman?s evidence was frank and forthright. I accept his evidence in totality.?

After the verdict was handed down, Bermuda Police Association chairman Carl Neblett said he was pleased with the judge?s decision.

?I am happy at the outcome of the court?s decision to acquit Pol. Con. Kellman of this very serious charge that was brought against him.?

He continued: ?It was unfortunate that this officer had to be placed in this position to defend himself during the execution of his duty and had to use self defence, by use of his limbs in this case, to ward off the person that was attacking him.

According to Mr. Neblett Captor Spray has been introduced to help to subdue culprits, aid with arrests and prevent officers from getting involved in physical altercations.

?With the use of the Captor Spray being added to a Police officer?s set of accoutrements, hopefully in the future, we will not find our officers being faced with the trauma and stress of being placed before the courts on such charges as was laid against Pol. Con. Kellman.?