East Gippsland officer acquitted of assaulting man during police interview

A Victorian police officer has been acquitted of two counts of injuring a man in custody at a remote, eastern Victorian police station in 2017.

Sergeant Andrew David Scott was found not guilty of injuring Graham Boadel inside the Mallacoota police station interview room on September 14, 2017 by a county court jury sitting in Bairnsdale yesterday.

The court heard Mr Boadel’s case against Sergeant Scott rested on the claim that Sergeant Scott had kicked Mr Boadel in the back and ribs during a fight at the police station.

A man with gray curly hair and glasses on his head pictured in front of shops
Justice Smallwood said Mr Boadel has a history of making up allegations.(ABC Gippsland: Emma Field)

Justice John Smallwood’ remembered the court that Mr Boadel’s doctor had attributed thes to his back ribs to a fall of bed, days after the alleged assault.

Justice Smallwood also directed the jury to consider Sergeant Scott’s 30 years of “unblemished” service in Victoria Police, alongside Mr Boadel’s history of “making up allegations” about officers.

case wraps up

The jury deliberated over lunch, then returned to deliver a verdict of not guilty.

Outside the court, Sergeant Scott thanked his family for their support during the protracted case.

“The support from the police association and my family has been incredible,” he said.

“It just reflects the value of the jury system.

Bairnsdale court house
Andrew Scott thanked his family and the Victoria Police association for their support.(ABC Gippsland: Davis River)

The court process was drawn out after the first committal hearing was aborted in February 2019 after a technical glitch resulted in the recording of the first day being lost.

Sergeant Scott was committed to the stand trial in July 2019, but the trial was delayed by the pandemic.

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