A senior constable who violently assaulted a woman twice before her arrest and then lied about what happened will no longer go to jail after mounting a successful appeal against his sentence.
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Anya Bradford was tossed into an ATM and later thrown to the floor and capsicum sprayed before her arrest in May 2019 in Sydney's southwest.
One of the then-officers who arrested her, Mark Anthony Follington, was convicted of two counts of assault and three counts of giving false evidence regarding the incident.
He was sentenced to two-and-a-half years in jail in October 2021, but the prison stint was overturned on Friday after a successful severity appeal in Sydney's Downing Centre District Court.
Instead, Judge William Fitzsimmons imposed a two-and-a-half-year intensive corrections order expiring in July 2026 that will lead to the ex-officer serving his time while in the community.
He has been ordered to perform 400 hours of community service work, to continue psychiatric treatment and to remain on good behaviour during that time.
Follington served two weeks behind bars before being granted bail ahead of his appeal.
During a hearing last week, Judge Fitzsimmons watched CCTV footage of the events before Ms Bradford's arrest.
The woman was seen getting into a heated argument with Follington and his partner at Liverpool's Golden Fleece hotel.
As she tried to leave, she was thrown into an ATM before exiting the building and running down the street with the officers in pursuit.
She was arrested in another building after being thrown to the floor, handcuffed and sprayed with capsicum spray.
Follington then elbowed her under the jaw as she was being escorted out to the street.
During the hearing, Judge Fitzsimmons heard from medical experts that Follington suffered from cognitive impairments including pre-dementia symptoms.
However, experts also said it was unlikely to have led to him forming a completely false memory of the events leading to Ms Bradford's arrest.
He is no longer working with the NSW Police Force.
Australian Associated Press
