Jailed policeman freed after appeal is lodged

A policeman who was filmed by an amateur cameraman punching and kicking a young man in the street was sentenced to two months in jail for assault yesterday, but was freed, pending an appeal.

Keith Empsall, 42, who is in his 24th year of service with West Yorkshire Police, was told to prepare himself for prison last month after he was convicted of assaulting 27-year-old Christopher Wilson.

District judge Christopher Darnton told him yesterday: "I accept that day in, day out police officers have difficult and dangerous tasks to perform and the protection of the public and their own safety have to be paramount.

"It is often a thin dividing line between what is and what is not unlawful. In this case, you have unlawfully transcended that line."

Judge Darnton, sitting at Leeds magistrates' court, said he had "wrestled" with the appropriate sentence but was convinced "the public deserves more from a serving police officer". After he had passed sentence, and a court officer approached Empsall with handcuffs, the defence solicitor, Paul Greaney, lodged the appeal against conviction and sentence. Character witnesses for Empsall had included a police colleague who told how he would routinely give presents to homeless people, and a retired headteacher, who talked of Empsall's support to families in his community during the 1984 miners' strike.

Video footage of the assault in Wakefield, and an account of the incident by the cameraman, Mark Goodwin, were presented as evidence in the three-day trial. Mr Goodwin, 22, said he videoed the incident after his girlfriend heard shouting.

Empsall said Mr Wilson squared up to him as he dealt with a row in the street. When Mr Wilson refused to co-operate he decided: "That's it, I've had enough. I'm going to take this lad out of the equation. I'm going to arrest him."

After the sentencing, West Yorkshire Police said: "Officers know they will be held personally responsible for their actions and they must be prepared to face the consequences if their actions are deemed to be criminal.'' Empsall, now suspended from duty, is said to be resigned to losing his job.