A WANGARATTA policeman remains suspended despite rape and sexual assault charges being dismissed in court.
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It had been claimed Senior Constable Luke Hawking digitally penetrated the woman in her bedroom on February 7 while investigating a reported break-in.
He denied the charges, which were dropped on Thursday following a four-day committal hearing in the Wangaratta Magistrates Court.
Magistrate David Faram said the woman’s evidence had lacked truth and credibility.
The court heard her story had changed while police were at her home to investigate the apparent break-in.
A friend gave evidence that the woman had previously claimed to have “had a run in with the police before” and claimed to have been “beaten up by them before”.
The friend said she had been “erratic and all over the place” when making the sex assault claims.
Mr Faram did not believe a jury could find Senior Constable Hawking guilty.
“The evidence of the complainant in these matters was, in my view, highly questionable,” he said.
“I do not consider the accusation against Mr Hawking sustainable.
“In large part it lacks credibility, in large part it is unreliable.”
The police member was charged in May and had been suspended with pay.
A spokeswoman said Senior Constable Hawking would remain off work.
His matter will still undergo internal review and possible disciplinary measures taken.
“The senior constable remains suspended,” the spokeswoman said.
“The decision regarding whether there will be any further police action remains under consideration.”