A Jindabyne man has lodged an appeal two days after his conviction for intimidating an off-duty police officer in the Snowy Mountains town.
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Andrew Baker, 55, was fined $3500 in Bega Local Court on Wednesday after Magistrate Doug Dick found him guilty of intimidating Senior Constable Michael Wells and his wife near the Jindabyne Post Office.
The court heard Baker was walking along Gippsland Street on June 26 last year when he saw Senior Constable Wells and his wife and confronted them outside the post office building.
Senior Constable Wells claimed Baker walked up to him and called him a "f--king puller" while making rude gestures with his hands.
Baker also called his wife a "whore", Senior Constable Wells said.
He said Baker's actions caused him to fear for his safety.
"I was scared he was going to punch me," Senior Constable Wells told the court.
Jindabyne police Sergeant Bradley Hughes, who was on the phone to Wells at the time, testified to hearing the exchange and confirmed the use of the foul language.
However, Baker took the stand in his own defence case, denying that he ever swore at Senior Constable Wells.
He admitted there had been a conversation between he and Senior Constable Wells, however he told the court he had only called "corrupt" pertaining to their previous interactions.
The altercation happened 17 days after a prior conviction for intimidating a police officer, also involving Senior Constable Wells, was dismissed on appeal in Queanbeyan District Court.
In that case, Senior Constable Wells had arrested Baker after an altercation with another off-duty police officer.
The court heard Senior Constable Wells took a version of events from the other officer who appeared "shaken up ... which had not been reduced to statement form".
But according to court documents, he did not ask Baker's wife, whose office was three to four metres away from the altercation, whether she had been at work that day.
"It seems rather convenient that a police officer, turning up on the complaint of a friend, a fellow colleague at the police station, would receive the version of the off-duty police person and then immediately make an arrest without conducting some further investigation in circumstances where there was no continuing threat, quite obviously, to the complainant," Judge Stephen Norrish said as he handed down his decision.
The hearing for the fresh police intimidation charge was originally due to be held in Queanbeyan on December 1, but was instead adjourned on that date and moved to Bega.
In handing down his decision, Mr Dick said while there were two distinct accounts of the events provided by the parties, both versions had been thoroughly tested during cross-examination.
He said Sergeant Hughes' account of hearing Baker's foul language added considerable weight to Senior Constable Wells' evidence.
"Unfortunately we do not have a Pinocchio response, or our clothes do not spontaneously burst into flames when we lie," he said, in refuting Baker's version of events.
He noted there was no violence involved in the incident.
A 12-month apprehended violence order was placed on Baker, ordering him not to contact Senior Constable Wells or his wife.
Outside court Baker told Fairfax Media he would appeal his conviction to the District Court.