A Canberra cop sacked for excessive use of force has been quietly reinstated, despite the Australian Federal Police fighting a costly court battle to enforce his dismissal.
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Brett Coutts kept his law enforcement job, but was demoted and removed from frontline duty as part of a confidential agreement.
He has since worked at the operations co-ordination centre at the AFP's Barton headquarters.
It is understood Leading Senior Constable Coutts was allowed to continue his career after former AFP commissioner Tony Negus ordered an independent review into the situation.
An AFP spokesperson confirmed the matter had been settled by way of a confidential deed of settlement and release.
"As a consequence of that Deed of Settlement, the AFP is unable to comment further on this matter," the spokesperson said.
Leading Senior Constable Coutts and the AFP waged a Federal Court battle after he was sacked for excessive use of force after an incident in Manuka in May 2012.
Leading Senior Constable Coutts' case alleged he had been denied procedural fairness, not given a fair hearing, and subjected to apprehended bias during the internal investigation.
The AFP denied its decision-making process had been flawed.
Court papers said the officer's disciplinary history included four previously established complaints of use of excessive force and Leading Senior Constable Coutts had formally warned in November 2011 that his future employment suitability would be considered he committed further misconduct, particularly serious misconduct.
In May 2012, Leading Senior Constable Coutts, then a Sergeant, had been dealing with a drunk and possibly drug-affected man outside The Cabinet nightclub early on a Sunday morning.
Police had been called after allegations the man – who was described as physically imposing and belligerent – had indecently assaulted a woman earlier in the night.
The woman declined to press charges and the man was issued with a move on order.
As the man left, he walked close to Leading Senior Constable Coutts, glared at him and flinched.
Leading Senior Constable Coutts said he thought he would be assaulted and used the capsicum spray on the man, hitting a nearby woman in the process.
He then put the man in a headlock and forced him into a caged police vehicle.
The entire incident was captured on CCTV and an internal investigation found Leading Senior Constable Coutts had improperly used force.
In July 2013, it was decided that he should be sacked, but Commissioner Negus stepped in and Leading Senior Constable Coutts remained suspended on full pay.
The case was heard in December 2013 and the decision reserved.
In February last year, Justice John Griffiths found in favour of the AFP and dismissed Leading Senior Constable Coutts' case.
In handing down his decision, the judge described the legal challenge as "a scattergun attack on the decision and the decision-making process".
The judge ordered Leading Senior Constable Coutts pay the AFP's legal costs.
