MAGISTRATES have cleared Phillip Marshall of assaulting two police officers in an incident in Devizes. Marshall, of Rendells Court, Devizes, pleaded not guilty to throwing his bicycle at PC Tom Kinderman and punching PC Adam Hall.

The magistrates convicted Marshall, 42, of a public order offence of causing harassment, alarm or distress.

Kennet Magistrates Court in Devizes heard on Tuesday that the incident happened at 3.40pm on October 23 near Monday Market Street, Devizes.

Prosecuting, Kate Brown said PC Kinderman saw Marshall cycling on the footpath in The Brittox and stopped him to advise him it was against a local bylaw.

PC Kinderman said Marshall became abusive and aggressive and swore at him.

PC Kinderman said despite warning Marshall about his language he continued to swear.

After calling for assistance PC Kinderman said Marshall threw his bicycle at him hitting his left hand and causing his knuckles to bleed.

When PC Hall arrived at the scene shortly afterwards PC Kinderman tried to arrest Marshall and said he then cautioned him. While attempting to put handcuffs on Marshall's hand the officers said Marshall hit PC Hall in the face.

During the incident PC Hall said he warned Marshall three times that unless he calmed down he would use CS spray. When he continued to struggle PC Hall used the spray on Marshall, after which the officers were able to arrest him.

Defending, Andrew Eddy said to PC Kinderman that he should have

issued a summons to Marshall for

riding his bicycle on a footpath and left the scene.

PC Kinderman replied: "He (Marshall) was shouting and swearing. He was winding himself up and my job was to protect the public interest. There were a lot of members of the public around at the time."

Marshall, who receives incapacity benefit, denied throwing his bicycle at PC Kinderman and assaulting PC Hall and swearing. He said he was not riding his bicycle in The Brittox, instead he was sitting on it with his feet on the ground paddling along.

He also felt aggrieved because he said there were other cyclists in front of him and he was the only one singled out, although PC Kinderman said he only saw Marshall cycling.

Marshall said he had been in town centre pubs before the incident and had consumed four pints.

Prosecution witnesses Ruby Brittain and Bridget Bailey, who were working in nearby shops at the time said they saw Marshall bounce his bicycle up and down on the pavement.

Mrs Bailey said: "He was quite incoherent and ranting. It was quite intimidating for the policeman and it was quite frightening."

Defence witness Charles Bird, a decorator who was packing up his tools in his car after working at Johnson's jewellers in Maryport Street, said: "The two policemen were grappling with Marshall and he had gone down to the ground. He wasn't happy at being manhandled.

"He was shouting and swearing and he and the two officers tipped over the bicycle and all three were on the floor."

The magistrates said they found PC Kinderman's evidence about Marshall throwing his bike at him to be unreliable. They also said the blow to PC Hall's face was not intentional or reckless.

Marshall, who is currently on a community rehabilitation order, was fined £100 and ordered to pay £100 towards the prosecution costs.