Denton Davis, 46, was freed after the RM agreed with Champagnie's submissions that there were too many inconsistencies in the complainant's evidence.

Champagnie submitted that the description which the complainant gave of the policeman who assaulted him did not match that of the accused cop. The complainant had identified Davis in the Corporate Area Resident Magistrate's Court as the person who assaulted him.

Champagnie submitted that when the complainant pointed out the policeman in court, that amounted to dock identification, which was unreliable because the complainant did not know the accused before.

The allegations are that on November 14, 2005, the police stopped a minibus with passengers along Half-Way Tree Road. The complainant, who was a passenger on the bus, said the police were not chasing hardened criminals but were only harassing the busmen. The complainant used expletives and he was arrested and charged. The police took the complainant off the bus and began to beat him.

The complainant reported the incident to the Police Public Complaints Authority and a file was prepared and sent to the director of public prosecutions, who ruled that Davis should be charged.