A FORMER police officer has failed in his attempt to clear his name following an appeal against a conviction for using a “form of torture” on a man who was being booked into a police station.

Sergeant Stephen Harvey, who has left Durham Police since the incident, was found guilty of two charges of assault by battery after CCTV footage showed David Healer screaming in agony and begging for a doctor in the custody suite of Peterlee police station in March last year.

Earlier today, Judge Tony Briggs threw out his appeal against the conviction at Teesside Crown Court.

However, civilian detention officer Michael Mount who was then seen grabbing Mr Healer’s arm in the custody suite had his convictions overturned.

Following their two-day trial in March, Independent Police Complaints Commissioner Nicholas Long said their actions amounted to a form of torture after magistrates convicted both of two counts of assault by battery.

Judge Briggs told Harvey that he did not believe his account of what happened and the CCTV footage showed that his actions were criminal.

As his appeal was dismissed, Harvey lowered his head and closed his eyes.

Following the original trial, Harvey, 51, of Chester-le-Street, was fined £400 and ordered to pay £50 compensation, as well as a £15 victim surcharge and £930 towards court costs. Yesterday he was ordered to pay a further £600 towards the cost of the appeal.

Mr Mount, 61, of Thornley, east Durham, was fined £200 and ordered to pay £50 compensation, as well as a £15 surcharge and £465 towards court costs, which were also dismissed along with his convictions when the judge told him he did not believe he had acted unlawfully.

After the hearing, in a statement issued by his solicitor Stephen Gowland, Mr Healer said he was pleased the court has upheld the conviction of Sergeant Harvey.

It read: “It is unfortunate that Mr Healer has once again had to relive the trauma of his assault.”

Mr Healer is now pursuing a civil claim against Durham Police.

A force spokesman said: “Following the outcome of the appeal hearing, we will consider in due course the findings of the court. We said at the time of their original conviction that misconduct proceedings would have to wait until all the judicial outcomes were known. Now this has happened, we will move forward with these proceedings.”