AN off-duty policeman who exchanged blows with an aggressive drunk after being goaded was cleared by appeal judges in Edinburgh yesterday.
A sheriff fined Ross Cartner £300 after hearing that Christmas drinks at the Black Bull pub in Mauchline, Ayrshire, led to blows being traded.
However, the conviction for assault put Mr Cartner's career on the line.
Mr Cartner, 30, a probationer with Strathclyde Police and with less than two years service, took his case to the Justiciary Appeal Court in Edinburgh.
His lawyers argued that Sheriff John Montgomery had been wrong to rule out Mr Cartner's claim that he was acting in self-defence.
They also said the sheriff was wrong to convict Mr Cartner of kicking kitchen fitter Scott Biggart, 23, when there was no evidence to back Mr Biggart's claim.
Yesterday, Lord Mackay of Drumadoon, sitting with Lord Bonomy and Sheriff Principal Brian Lockhart, ruled in Mr Cartner's favour.
The trial at Ayr Sheriff Court heard that Mr Biggart was in a pub in Mauchline, on December 24, 2010, and had drunk about 12 pints.
Mr Biggart, for no apparent reason, launched a tirade of expletives at Mr Cartner, who asked Mr Biggart for a word outside the pub. As they left the premises Mr Biggart punched the off- duty policeman in the eye.
In court, Mr Biggart denied he had started the fight.
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