The man instead pleaded guilty in the Bendigo Magistrates’ Court on Tuesday to one count of being drunk in a public place, which earned him a $500 fine without conviction.

Police had also charged the man with assaulting a police officer in relation to the January 22, 2017 incident, but withdrew the charge after magistrate Patrick Southey said he did not believe he could rule out that the man’s actions were accidental.

The man denied he had tried to grab the gun.

More court news:

At Tuesday’s hearing, Acting Sergeant Lee Clayton told the court he and three other officers arrived at the Metropolitan Hotel about 1.15am on January 22, 2017 while performing liquor licensing activities in the CBD.

While in the venue, he said, he felt a “force” against his thigh-holstered firearm, which pirouetted him clockwise.

He described the force as akin to that he experienced during firearms training, when officers faced scenarios of attempts to take their firearm.

Acting Sergeant Clayton said he grabbed the man and took him outside. He said the man was slurring his words, not able to support his own weight, and using coarse language.

Defence lawyer Andrea Skinner put it to Acting Sergeant Clayton that the CCTV footage from the night did not show him turning clockwise from the force on his firearm, but turned the opposite direction before grabbing her client.

But Acting Sergeant Clayton disagreed and said he clearly remembered spinning to his right.

He agreed the CCTV footage did not show the man looking at his gun, and said he did not see the man’s hand on the firearm.

Ms Skinner also suggested there was only a narrow space for her client to pass by Acting Sergeant Clayton.

During cross-examination, Acting Sergeant Clayton said removing his gun would require someone to pull up, but his statement said he felt a downwards pressure.

After Acting Sergeant Clayton finished giving evidence, Mr Southey said he believed while the officer could be correct in saying the man had grabbed his gun, he would have difficulty excluding beyond reasonable doubt an accident.

Mr Southey said the CCTV was not clear, the man did not appear to be heading directly for Acting Sergeant Clayton, and there was no obvious attempt to remove the firearm from the holster.

Police prosecutor Sergeant David Somerton withdrew the charge.

In relation to public drunkenness, Ms Skinner submitted her client’s conduct was at the lower end of the spectrum for this offending.

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