An alleged assault charge against a Coalisland man has been dropped because a police sergeant and doctor gave contradictory evidence in court.
Connor Mallon, 32, from Ardnaskea Park, appeared before Dungannon Magistrates in relation to charges of assault and drink driving dating back to December 14, 2015.
In a rare turn of events, Dr Terrence Johnson, the alleged victim of the assault, acted out some of his evidence in court.
He had been called to Dungannon Police Station to treat Mallon for cuts to his hands and head after his arrest.
In his evidence, Dr Johnson said the defendant was lying on his back in a police cell when he arrived, before lifting his shoulders while flailing his arms and legs and shouting: “I’ll cut your f***ing eyes” - a scene he re-enacted from the courtroom floor.
He said: “It was one of the most aggressive scenes I have witnessed in 20 years of forensic medicine.”
After the doctor was finished being cross examined, the police sergeant gave his evidence. Whilst agreeing Mallon had shouted those words, he told the court the defendant was asleep when he and the doctor arrived, swearing when they tried to wake him, before aggressively counting from 1 to 10 and loudly telling them to leave his cell.
The sergeant did admit: “I was in a degree of fear that he may have jumped to his feet and assaulted us, but that didn’t happen.”
Judge Meehan found “there is no case to answer” for assault with Mallon having already admitted the motoring matters that led to his arrest.