Court throws out gun-toting cop's appeal
AN OUTBACK Queensland policeman's successful appeal on assault and deprivation of liberty convictions has been overturned.
The Queensland Court of Appeal has thrown out a District Court decision quashing the conviction of Senior Constable Stephen Flanagan in February last year for assaulting motorist Lee Povey outside Longreach in May 2015.
Flanagan was originally fined $1500 by Brisbane magistrate Paul Kluck for the incident in which dash-cam footage showed the officer pulling out his gun and screaming, "F***ing pull over now, c***" to Mr Povey.
Mr Kluck's decision and sentence now stands, and Flanagan's only remaining avenue to appeal is through the High Court.
Mr Kluck found Flanagan was suffering post-traumatic stress disorder and motivated by anger during the incident rather than a belief that Mr Povey had a gun or that the car was stolen.
In the District Court last June, Judge Julie Ryrie found in Flanagan's favour after his barrister Jeff Hunter QC argued the initial decision was not based on the "critical facts" of the case.
Mr Hunter said his client was required to make a "split-second decision" about whether the car was stolen or the driver likely to be carrying a weapon.
But the Court of Appeal has ruled Judge Ryrie was mistaken when she decided the prosecution had to prove Flanagan's actions were more than reasonably necessary.
Flanagan was suspended without pay over the incident.
AAP has contacted police to confirm his employment status.