A POLICE officer who faced losing his job after being found guilty of assaulting a partygoer during an arrest has had his conviction quashed.

PC Andrew Davison, who was suspended shortly after the incident, could now return to work.

The 32-year-old was caught on closed-circuit television kicking Thomas Robertson as he lay on the floor struggling with other officers.

Mr Robertson did not make a complaint about the incident, but camera operators informed Durham Police about it and PC Davison was arrested.

He was sentenced to 200 hours of unpaid community work after being found guilty of common assault at Newton Aycliffe Magistrates' Court.

But yesterday, Judge Peter Armstrong, sitting at Teesside Crown Court, upheld an appeal and overturned the conviction.

Last night, a Durham Police spokeswoman said it was too early to say if PC Davison would return to work.

Judge Armstrong ruled that PC Davison had used reasonable force in restraining and arresting Mr Robertson, who was described as being violent.

Mr Robertson was with colleagues on the night of the incident in Durham City centre, on November 26, 2004. He admitted having drunk up to nine pints of beer and got involved in a row with other people at a taxi rank in North Road before the police were called.

It took four officers to restrain the 35-year-old, who was described by one officer as being in the "top three" most difficult arrests because of his strength.

PC Davison told investigators that he used a recognised technique to try to make Mr Robertson move an arm he was lying on so it could be handcuffed, but accepted his kick may have missed his intended target - the top of the leg - and hit his abdomen.

The court heard yesterday that Mr Robertson made no complaint about his arrest and did not suffer any injury, but did complain about his treatment at the hands of other officers once he had been taken to the city's police station.

PC Davison, of Doxford Park, Sunderland, declined to comment after the case.