For six months Sean Thomas Brandon’s life has been on hold as he faced a string of charges stemming from the January 22, 2022 incident.The Mackay teacher has been suspended without pay after he was charged with serious assault police, being a public nuisance and obstructing police after a number of protesters gathered at Caneland Central following an unauthorised march.On Tuesday he was found not guilty of all offences and awarded $6000 in costs that QPS will need to pay within 28 days.In her findings Magistrate Bronwyn Hartigan criticised the arresting and investigating officer Senior Constable Tara Lebesmuhlbacher and alleged victim Senior Sergeant Andrew Buteaux as “unreliable” after the pair gave evidence in a one-day hearing.It was alleged Mr Brandon struck the senior sergeant as he was assisting with an arrest causing the officer’s cap to fall off his head.It was also alleged Mr Brandon hit him a second time in the face.Ms Hartigan found there was no evidence, which included CCTV, body worn and camera footage of the incident, that showed Senior Sergeant Buteaux being struck in the face.The court heard Senior Constable Lebesmuhlbacher had also given numerous different versions of the allegations across multiple police documents, including likening the assault to a “coward’s punch”.“There is in my view no objective evidence that supports a coward punch,” Ms Hartigan said.But when barrister Joshua Morris, instructed by McKay’s Solicitors, pointed out that Senior Constable Lebesmuhlbacher’s recorded evidence did not match video footage of the incident she admitted there were inaccuracies.Footage of the incident was played in court.Ms Hartigan said the evidence “shows police coming into this situation in a very forceful way”.She said Senior Sergeant Buteaux was “storming into the area” and initially kneed one person who had been there before assisting Senior Constable Lebesmuhlbacher and Constable Angus Mackay in an arrest.Ms Hartigan found the violence on that day began when Constable Mackay grabbed one of the members of the protest march “in a very aggressive manner”.“I question if any of this would have descended into this without a heavy-handed approach by police,” she said.There was no contention that as Senior Sergeant Buteaux was helping with an arrest Mr Brandon knocked his cap from his head.“It is an assault but it’s more a cheeky move on behalf of (Mr Brandon),” Ms Hartigan said, adding while it was conceded it was an assault, police preferred a different type of assault charge.“It may be that he thinks he was hit on the side of the head when the cap came off his head but it could never have been in my view with the force described in his statement.“And there simply was no second strike.”The court heard almost immediately Senior Sergeant Buteaux rushed towards Mr Brandon, who had moved to the side “with great speed” and kicked him in the knee, which caused a significant bruise.While giving evidence the officer said these were QPS approved tactics.“The reaction to that is so over the top that I would question if he was acting in the execution of his duties,” Ms Hartigan said.Mr Brandon was acquitted on all charges.Outside court Mr Brandon said he was just “happy that justice has been done and I can get back to my life”.“It’s been horrendous because I’ve had it hanging over my head,” he said.“I’ve been suspended without pay for over six months.“If it wasn’t for my lovely partner or my good friends I would have struggled.”Mr Brandon said he had a lot of support from his family and friends.“It’s disappointing that people who are meant to uphold truth and justice didn’t do their job,” he said.“I’m just happy to get my life back.”
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