A former police officer who struck a teenager with a baton 18 times while trying to detain him in a Byron Bay laneway has had his assault charge dismissed for a second time.
Former Senior Constable Michial Greenhalgh was accused of using "unreasonable force" on the then 16-year-old who was found naked and distressed in Lateen Lane in the early hours of January 11, 2018.
The incident was captured on a smartphone which sparked an investigation by the Law Enforcement Conduct Commission.
Magistrate Michael Dakin initially dismissed the charge after a six-day hearing which wound up in February 2021.
The Director of Public Prosecutions appealed the decision, arguing the magistrate had failed to consider or determine whether the defendant's use of force was "reasonably necessary".
The matter was sent back to court before the same magistrate.
Teen's stepfather 'gutted'
On Tuesday, Magistrate Dakin arrived at the same decision in Lismore Local Court.
The case revolved around the final six of 18 baton strikes administered by Mr Greenhalgh.
At that time the teenager, who cannot be identified for legal reasons, was being restrained by up to three police officers and two pairs of handcuffs.
He was also tasered twice and sprayed with capsicum spray.
Magistrate Michael Dakin ruled the final six strikes were necessary, given the teenager's erratic behaviour and the difficulty officers had restraining him.
"Police described him as displaying unusually great physical strength," he said.
"He was naked and sweating, it was difficult for police to get hold of him."
The court was previously told the teen consumed a "spiked" drink in a Byron Bay park, and was under the effects of an unknown drug.
On Tuesday, the teen told the ABC about the lingering effects of injuries he sustained during the incident, including a fractured rib.
"It's the worst pain I've ever had," he said.
"During was bad, but afterwards was just as bad.
"I couldn't sleep properly for three months, the pain was that bad."
Magistrate Dakin told the court the former police officer's actions should be judged "by the pressure of events" rather than hindsight.
He found the use of force was reasonable as "control was only ever fleeting."
The young man's stepfather said he was "gutted" by the decision.
Former Byron Shire youth worker Nicqui Yazdi became a friend of the family during the court process.
"He's still got scars on his wrists from the handcuffs, he'll be carrying those for life," she said.
