Assault Pc freed on appeal

Keith Empsall had appealed against the conviction

A police officer found guilty of common assault has had his prison sentence quashed despite losing an appeal against his conviction.

Keith Empsall was seen on film kicking and punching a man he was arresting in Wakefield.

He was jailed for two months by Leeds magistrates last October but released on bail pending the appeal.

Judge Norman Jones QC, sitting at Leeds Crown Court, dismissed the appeal against the conviction, saying the force Empsall used could not be construed as self defence.

But he has overturned the original jail term and ordered Empsall to do 200 hours community service and pay £2,500 costs.

Film footage shot by an amateur cameraman showed Empsall kicking and punching 28-year-old Christopher Wilson in June 2001.

Violence was not in lawful self-defence or to effect a lawful arrest. Judge Norman Jones

Empsall and another officer had gone to help colleagues deal with an incident in June 2001 in which a car was smashed with a baseball bat.

Empsall said he decided to arrest Mr Wilson, who had been drinking heavily, for being drunk and disorderly.

But the judge said he did not accept Empsall's evidence that hit out when he thought he was in imminent danger, and instead concluded the officer just "lost his temper".

Judge Jones told the court: "Violence was not in lawful self-defence or to effect a lawful arrest."

He said that, even if he accepted the officer's story that Wilson was about to attack him, the force used by Empsall was "way over the top".

'Delighted' to be free

Empsall refused to comment on his case after the hearing, saying only: "I just want to go home to my wife and family."

His solicitor, John Sanderson, spoke of his client's disappointment at the result but added he was "delighted" at not going to prison.

Mr Sanderson said: "He's over the moon. He's going home to his family now and that's all that matters to him.

West Yorkshire Police Federation representative Norman Cooper said the outcome would not necessarily mean that Empsall loses his job.

He said: "Every day police officers up and down the country have to face this sort of thing and have to make instantaneous decisions.

But West Yorkshire Police issued a statement that hinted at disciplinary proceedings against their officer.

It said: "Following the appeal hearing West Yorkshire Police will now give due consideration as to the need for disciplinary procedures against Pc Keith Empsall."