An assault charge against a Policeman was thrown out yesterday by a magistrate because it was outside the one-year time limit.

Senior Magistrate Will Francis dismissed the case against Det. Con. David Abraham who was charged with causing bodily harm to a man who was in Police custody on June 28 last year.

The move came after lawyer Mark Pettingill, representing Det. Con. Abraham, pointed out that section 452 of the Criminal Code only allowed a prosecution to go ahead if it was begun within six months of the offence.

Crown Counsel Nicole Stoneham read out the law and said there was special provision for an extension by the Attorney General.

Ms Stoneham added that although the charges were laid on March 16, prosecution had not taken place within 12 months.

Ms Stoneham added: "The law is very clear, your worship. I'm in your hands.'' Mr. Francis said he was satisfied as well and added: "I think this is one of those cases that may have been overlooked.'' The charges stem from an incident between Det. Con. Abraham and George Macdonald Palmer, 55, who had been arrested for wounding.

On January 5, Palmer was found guilty of assaulting the Policeman and was granted a six-month conditional discharge.

Det. Con. Abraham testified that Palmer was brought into the jail area around 1.45 p.m. "apparently intoxicated and smelled of liquor''.

He said Palmer became very angry when he was spoken to and "waved his left hand in my face''.

"He said `I will kill you and burn your house down','' Det. Con. Abraham added. "He said `I will kill all you cops. I will see you all outside, especially you'.'' Det. Con. Abraham told Mr. Francis: "He lunged at me with an open hand. I pushed him backward and he fell against the wall. I took hold of his arm and told him I was going to report him for his behaviour.'' P.c. Krishna Singh, who was jailer at the time, agreed with Abraham but added he saw Palmer hit his right eyebrow on a wall when he was pushed.