An off-duty Australian Federal Police officer has been found guilty of bashing a man in the early hours of the morning in Civic, but a jury has cleared him and an acting sergeant of allegations they tried to cover-up what happened.
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Wade Joseph Howell, 36, slumped his head on hearing the jury had found him guilty of assault occasioning actual bodily harm. As the remainder of the verdicts were read out on Monday, he rested a hand on the shoulder of acting sergeant Andrew Charles Smith, 46.
The pair had sat shoulder to shoulder throughout the two-week ACT Supreme Court trial. Both men, who had pleaded not guilty to all charges, wiped at their eyes.
The trial heard the alleged victim, his girlfriend and Howell, who did not know each other, were all out at Civic nightspot Mooseheads early on April 2, 2016.
That morning, the alleged victim saw his girlfriend sitting next to Howell on a bench in Veterans Park and had come running up. It was alleged Howell bashed and choked the man, though the off-duty officer was acquitted of the choking allegation.
It was further alleged Howell tried to pervert the course of justice when he followed the man back to the apartment where he was staying and called police, claiming he was with a woman who wanted to leave an abusive relationship. The couple denied the suggestions of domestic violence.
The Crown also said that when Mr Smith arrived on scene he tried to cover-up the assault, saying that he never took a version of events from the assault victim before directing that he be taken into custody for intoxicated and disorderly behaviour.
But defence barristers took aim at the police investigation of the two officers, saying the pair had not been afforded the presumption of innocence and the investigation was compared to a Salem witch trial.
Howell, who was represented by barrister James Sabharwal and Sharman Robertson Solicitors, was acquitted of charges of choking and assault occasioning grievous bodily harm, but found guilty of a back-up offence of causing actual bodily harm.
And Mr Smith, represented by barrister Steven Whybrow and Aulich criminal, was acquitted of all charges, including perverting the course of justice and back-up charges of inciting unlawful confinement.
Justice David Mossop thanked the jurors for their service and said they were free to go.
Howell, who is from Melbourne, returns to court on May 25 for sentence. His bail was continued.
