A policeman accused of an unprovoked attack on a young father, which allegedly included kicks to the head, will not be charged with a criminal offence.

Troy Smith, 28, was treated in hospital for a broken nose, two broken cheekbones, a broken bone above one of his eyelids and a sprained jaw after Police attended a domestic incident at his family home in Spanish Point in the early hours of July 4.

But prosecutors have decided not to press charges against the unnamed officer alleged to have caused the injuries after viewing DVD footage from a camera attached to a Taser device used to subdue Smith.

Smith's lawyer, Graveney Bannister, told The Royal Gazette last night: "I find it appalling that they can take that stand. I think it's a travesty of justice. The medical bills are in double figures.

"All these injuries and the DPP (Office of the Director of Public Prosecutions) can say that force is not excessive. That's frightening."

Police did not inform father-of-one Smith or Mr. Bannister of the decision. They found out from the media after Deputy Police Commissioner Mike Jackman released a statement yesterday afternoon.

Mr. Jackman said: "After consideration of evidence by the Office of the Director of Public Prosecutions, including the Taser DVD footage, photographs, statements from the attending officers, as well as the alleged victim Mr. Troy Smith, the DPP has concluded that: 'There is insufficient evidence to justify criminal proceedings' against the accused officer.

"Following the findings of the DPP, the criminal investigation is now closed."

This newspaper asked Mr. Jackman for an interview on the topic but he had not agreed by press time last night. A Police spokesman said the DVD footage would not be released.

The spokesman added that Smith was not informed of the decision to drop the case "due to an unintentional oversight between the Bermuda Police Service and the Police Complaints Authority (PCA)".

Rory Field, director of public prosecutions, had not responded to an e-mail requesting comment by press time.

Mr. Bannister said Smith — who has been charged with criminal offences in relation to the July 4 incident — and his family had indicated "sore displeasure" at the DPP's decision.

"Their son received extensive facial injuries after being Tasered, beaten and kicked by Police," alleged Mr. Bannister. "The medical bills are extensive, I am informed. They are of the view the force used by Police was extensive in the circumstances."

The lawyer said his client was awaiting the outcome of an independent investigation by the PCA and considering other legal options.

The complaint to the PCA filed by Smith includes a claim from his stepfather that the policeman used "tremendous force" to kick his head several times as he lay on the ground with his hands handcuffed behind his back.

Smith, who suffers from anxiety attacks, has been charged with possessing a weapon — a wooden pole — in a public place; assaulting an officer and causing him bodily harm; violently resisting arrest and using offensive words.

He denies the charge and will stand trial in Magistrates' Court in November. Mr. Bannister said he had asked for full disclosure of the DVD footage ahead of the proceedings.

Police have not released information on the injuries sustained by the officer.

The PCA inquiry is ongoing. Authority chairman Michelle St. Jane could not be reached yesterday but said in August it had been confirmed that the officer who Tasered Smith was trained to do so.