liberty after he arrested him for suspicion of impaired driving.

But Steven Donnelly believes the case has affected morale in the Police Force.

Englishman Donnelly, 29, celebrating his acquittal by magistrate the Wor. John Judge, said yesterday: "I am both relieved and glad that today's decision by the court has cleared my name. This has been an extremely stressful period in my life and I am happy that it is behind me.

"I have been a Police officer for 11 years and I was confident that when the facts of this case were heard by a court that justice would prevail and it would be clear there was never a case to answer.'' He described the case as "unwarranted and malicious'' and blasted both the Police Force and the Attorney General's chambers.

The case concerned an incident in March when Det. Con. David Small, a Bermudian officer for 22 years, was driving with his wife, Leonie, from an anniversary celebration at Henry VIII restaurant.

Small's car was spotted by Donnelly and his partner P.c. Adrian Brewer who was driving the marked Police car along South Road in Southampton.

Donnelly claimed they stopped Small because he was driving erratically and slowly. He then found Small's behaviour on stopping the car to be suspicious.

He arrested him on suspicion of impaired driving and took him to the Police station for a breathalyser test.

Small did not tell the two British officers he was a Policeman but said he was a teetotaller. He was recognised at Hamilton Police Station but insisted on having a breath test, which registered zero.

Announcing his decision, Mr. Judge said he found Small to be an unsatisfactory witness. He said: "In cross examination he was self righteous and argumentative and unwilling to answer the simplest question with a yes or no.'' Mr. Judge added that Small, who only appeared in the three-day trial once, was at times "plain contradictory,'' giving "unbelievable, disingenuous and lame'' answers.

Stating that he found Donnelly and Brewer to be credible witnesses, Mr. Judge said the grounds existed for them to lawfully exercise the power of arrest. He acquitted Donnelly.

Donnelly had been a Police officer in Bermuda for five years before his contract was not renewed in July. During his term he became well known for his exploits as a top triathlete and boxer for the Police.

After the court case, he said: "I cannot hide my anger and concern over the way in which I have been subjected to what I honestly believe was a malicious and unwarranted prosecution.

"The facts of this case are simply that P.c. Brewer and I were carrying out our duties in a professional manner, in compliance with the law and force standing instructions, when dealing with a suspected impaired driver.'' Donnelly said he was concerned about the manner in which the decision to prosecute him had been made by both the Police and the Attorney General's chambers.

He said: "Police officers cannot be seen to be above the law, but if they are subjected to the treatment which I have received for simply doing my job then the people of Bermuda will surely find that members of the Police will be afraid to carry out their duties for fear of prosecution.

"It is well documented that morale in the Bermuda Police is at rock bottom, despite the efforts of the powers-that-be to state otherwise. The circumstances surrounding my prosecution, I know, has lowered that morale even further and none moreso than in the case of P.c. Brewer who has had his professional credibility brought into question.

"The Crown's decision to prosecute me was based on their assessment that P.c.

Brewer lacked credibility, despite the fact that he had never been interviewed by anyone at the Attorney General's chambers, a fact which was brought out in these proceedings.'' Donnelly was also annoyed at the way Insp. Sinclair White issued his summons, the first he knew of any criminal prosecution, in a Hamilton health club, the day after his contract expired.

He said: "It was in a manner which I feel was calculated to do, and did cause me, unnecessary embarrassment. After five years of unblemished service in the Bermuda Police I would have thought I could have been extended the common decency of having the summons served in the privacy of my residence, which is normal procedure.'' Donnelly hopes the incident will not tarnish otherwise happy memories of the years Bermuda has been his home.

"Throughout my professional and social endeavours I have met many good people and made many good friends, and have proudly represented the Bermuda Police and Bermuda Islands in a variety of sports. These memories I will always cherish.

"However, the circumstances of this case combined with the circumstances in which my contract, and those of 24 fellow officers' contracts, were not renewed will undoubtedly leave its scars.

"This is particularly so in view of the fact that the Police now appear to be understaffed and are desperately attempting to recruit new officers.'' Serving with the Lincolnshire Police Force before coming to Bermuda, he is now set to start work with the Warwickshire force in the English Midlands.