Special Corporal Leonard Nelson, who was last year convicted on a charge of grievous bodily harm, was granted bail in the Court of Appeal yesterday.

Nelson, who had 25 years service in the police force, was sentenced to four years' imprisonment last year for an incident dating back to 2005, where the policeman is said to have used a baton to hit a man in the right side of the face. The lost his eye as a result of the injury.

The man, Kevin Dower, testified that he, along with two other men, had gone to Norman Manley International Airport to pick up two children.

Refused to listen

The flight was delayed for several hours and they went in search of the children. Nelson is said to have told him that he was in a restricted area and would be arrested.

He tried to explain to Nelson that he was searching for the children, but Nelson wouldn't listen to him. Nelson grabbed him at the waist and proceeded to take him to the police station. He told Nelson he was suffering discomfort because of the manner in which he was being held and Nelson hit him in the face.

The case was tried in the Home Circuit court by Acting Justice Martin Gayle, who handed down the sentence. The crime carries with it a maximum sentence of seven years, but Gayle took into consideration witnesses who vouched for the cop's character.

Grounds for appeal

Following the ruling, Nelson, represented by attorney at-law Oswest Senior Smith, filed an appeal to the Court of Appeal on the grounds that there were omissions of certain material.

The grounds for appeal were that Nelson was a police officer on duty when Dower went into the sterile restricted hall area at the Norman Manley International Airport. he had the right to arrest and charge Dower. At the time, Dower had resisted arrest and Nelson had the right to subdue him, and the police had used a single blow, so his action couldn't be viewed as excessive.

Yesterday, Justice Mahabeve Dukharan said he was uncomfortable with the judge's summation and decided to grant bail to the officer.

The condition of the bail is that Nelson surrender his travel documents and also report to the Old Harbour Police Station three days per the week .

The Court of Appeal will next hear the case in January 2010.