*The district judge, Daphne Wickham, said there was no evidence that his use of the baton was not approved, correct or measured, adding that Smellie had a "mere seven seconds" to act, and other witnesses had feared for his safety.
She said: "It was for the prosecution to prove this defendant was not acting in lawful self-defence. I have found the prosecution has failed in this respect and the defendant has raised the issue of lawful self-defence and as such is entitled to be acquitted."*
...
In her ruling today, the judge said she was satisfied that, faced with a protester who was "seeking confrontation", Smellie could not have used other options, such as enlisting help from the police cordon, spraying CS gas, hitting Fisher with his elbow or arresting her.
Well, Judge Daphne Wickham disagrees with you
http://www.guardian.co.uk/uk/2010/mar/31/g20-police-sergeant-cleared-baton-charge
*The district judge, Daphne Wickham, said there was no evidence that his use of the baton was not approved, correct or measured, adding that Smellie had a "mere seven seconds" to act, and other witnesses had feared for his safety.
She said: "It was for the prosecution to prove this defendant was not acting in lawful self-defence. I have found the prosecution has failed in this respect and the defendant has raised the issue of lawful self-defence and as such is entitled to be acquitted."*
...
In her ruling today, the judge said she was satisfied that, faced with a protester who was "seeking confrontation", Smellie could not have used other options, such as enlisting help from the police cordon, spraying CS gas, hitting Fisher with his elbow or arresting her.
I said the same thing on this thread a year ago.