A COURT has found a police officer was acting outside his duties when he pushed a man up against a car and choked him on the Gold Coast.

Luke Cole, 34, was charged with serious assault after Senior Sergeant Chris Hurley claimed Mr Cole pushed him over a roadside guard rail at Robina following a heated scuffle in November last year.

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But this afternoon in the Southport Magistrates Court, the charge against Mr Cole was dismissed.

Magistrate Kerry Magee told the court she considered aspects of Snr Sgt Hurley’s story lacked credibility or were implausible.

media_camera Luke Cole (grey shirt) leaves Southport Magistrates Court a happy man this afternoon. Picture Mike Batterham

He had claimed Mr Cole had swore at him from a car at the scene of a traffic accident.

When Mr Cole was told to get out of the car, Snr Sgt Hurley claimed he came at the officer so he pushed his chest and his hands ‘slipped’ up to Mr Cole’s neck

Ms Magee said there was no reason for the police officer to demand Mr Cole get out of the car and said he had no warrant to arrest him.

“This is at a point where he hadn’t even asked the defendant his name,” she said.

Ms Magee questioned Snr Sgt Hurley’s explanation that his hand “slipped” up to Cole’s neck and did not accept the claim that Cole came at the police officer aggressively.

She said Cole showed a “reasonable response to the assault upon him” when he pushed Snr Sgt Hurley.

Outside court Cole said he was happy and relieved with the result.