Sergeant Anthony Kirk to appeal perjury conviction from Armidale court

Anthony Kirk, a serving sergeant in stationed in the Northern Region, has lodged an all grounds appeal on both convictions handed down in Armidale Local Court on Thursday.

Magistrate Michael Holmes imposed a 12 month suspended sentence on both charges after he found the sergeant guilty of fabricating part of his police statement on September 26, 2009, as well as making a false statement to Armidale Local Court in a case on July 23, 2010.

Solicitors for Kirk lodged an appeal against the convictions as well as the severity of the sentence almost immediately after the decision on Thursday.

The appeal will now be heard in Armidale District Court with a date to be set in October.

The charges arose after an alleged assault by Kirk’s co-accused, Nigel Douglas Kentish, in Armidale Police Station in September, 2009, on Janel Boekeman, who was in custody.

Following a lengthy investigation, the Police Integrity Commission charged Kentish and Kirk in December, last year.

Mr Holmes acknowledged the defence submission that “it has been argued that has been simply a mistake…”

But he found “there was no suggestion by the accused at the hearing in Armidale Local Court that his view was obscured”.

“He enhanced his statement,” Mr Holmes found in outlining the reasons for his decision.

Mr Holmes said the Director of Public Prosecutions had proved “each essential element” of both the charges beyond reasonable doubt.

“I find the preparation of the statement was designed to support the actions of Senior Constable [Nigel] Kentish,” he said. “And not to truly reflect what he had witnessed.” 

Kentish has pleaded not guilty to nine charges and the court heard he has suffered a serious medical condition with his case adjourned.