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I struck out after fearing for my life ? Policeman

photo by Chris Burville. Police officer Glynn Kellman is accused of using excessive force while detaining a man by punching him in the face at least two times.

A Policeman charged with knocking a man's teeth out told a court yesterday that he "struck out" during an attempted arrest because he feared he was going to be killed by his alleged victim.

P.c. Glynn Kellman, who denies assault causing grievous bodily harm to Eversley Zuill, said Mr. Zuill "unleashed several punches with both clenched fists at my head" after he attempted to arrest him in the grounds of a church on North Shore Road, Hamilton parish.

He told Magistrates' Court he tried to ward off the blows and became dizzy and disorientated, before the pair fell to the ground and Mr. Zuill continued beating him.

"I knew full well that being on the ground, being in the physical condition I was in, that my life was in grave danger," he said.

"I knew that if this man did not stop this violent attack on me that I was going to be seriously injured, incapacitated in some form or fashion, made unconscious or even dead."

The officer, 38, had followed Mr. Zuill to the church with a colleague after being told that he had assaulted his ex-girlfriend at a day care facility and forcibly taken their young son.

Kellman, of Slippery Hill, St. George's, told the court that he "struck out in the direction of Mr. Zuill with my right hand in an open palm style".

He said Mr. Zuill continued to hit him after being struck.

"By this time I was in total fear for my own personal safety, my life," said Kellman. "I struck out at him again with open palm. This time he stopped."

He said after handcuffing Mr. Zuill he noticed that he appeared to be bleeding from his mouth. "Mr. Zuill was conveyed to the hospital for medical treatment," he said.

Kellman said he too received medical treatment for injuries and needed several weeks of physiotherapy for his jaw and neck after the incident in February 2005.

Crown counsel Paula Tyndale, during cross-examination, said to the defendant: "I'm suggesting to you that you are not speaking the truth when you told this court that Mr. Zuill punched you on multiple occasions. I'm also suggesting to you that in fact Mr. Zuill did not punch you at all."

Kellman replied: "He punched me on multiple occasions and he punched me hard." He added: "I used enough force under the circumstances to stop this man from killing me."

Ms Tyndale told Senior Magistrate Archibald Warner that Kellman's evidence "defies belief".

She said Mr. Zuill was punched after being restrained on the ground and that the three witnesses for the Crown - the alleged victim and two pastors present at the scene, Leroy Bean and Ronald Smith - all spoke of a "direct frontal strike" to Mr. Zuill's mouth "which evidently was of such force that it immediately caused one tooth to fall out of the complainant's mouth".

"It's clearly in excess of his powers," she said of Kellman. "Excessive force is never lawful in execution of anyone's duties."

Defence lawyer Allan Doughty said his client was involved in a "desperate ground fight" and took action to protect himself from "bodily harm and possible death".

He said the three prosecution witnesses had contradicted one another and that Mr. Zuill should not be believed because he had previous convictions.

Mr. Warner will deliver his verdict on Tuesday.