The sole conviction of a police officer for using excessive force while arresting a protester during the G20 demonstrations has been upheld by a higher court, but he will not serve jail time.

Superior Court Justice Brian O’Marra on Thursday overturned the 45-day jail sentence and instead ordered Const. Babak Andalib-Goortani, 34, to serve a year of probation and perform 75 hours of community service.

Andalib-Goortani expects to be returning to work as a police officer shortly, his lawyer told the court.

A spokesperson for the Toronto police said Andalib-Goortani’s employment status will be reviewed given the appeal court decision, but he remains suspended without pay, as he has been since he was sentenced in December 2013.

As the decision was read, Andalib-Goortani dropped his head into his hands, and at one point rested his head on the table.

In September 2013, Andalib-Goortani was convicted of assault with a weapon while arresting Adam Nobody as he protested on the lawn of Queen’s Park in June 2010.

Ontario Court Justice Louise Botham said her decision largely hinged on video footage captured of the assault, which shows Andalib-Goortani and other officers (none of whom were charged) punching, kneeing, kicking and striking Nobody with a baton.

She sentenced Andalib-Goortani to serve 45 days in jail, but he was released on bail pending appeal that same day.

In passing sentence, Botham said a period of incarceration was necessary uphold the public’s faith in the justice system.

"Citizens will respect the rule of law when they can be confident that those with the power to enforce our laws do so fairly. When that trust is abused, citizens need to know that police will be accountable."

Justice O’Marra said Botham had made an error in applying the sentencing principles, but told the court the reasons for his decision would follow at a later date.

Both Andalib-Goortani and his lawyer, Melanie Webb, said they had no comment as they left the courtroom.

Andalib-Goortani faced a second assault charge for allegedly striking a woman with his baton but was acquitted after a photograph critical to the case was excluded from evidence.

He continues to face a disciplinary hearing before a police tribunal on charges of discreditable conduct, insubordination and unlawful or unnecessary exercise of authority.

“Well, the conviction stays — that’s a great thing because now we have two judges saying he’s guilty,” Nobody said outside the courthouse. “The probation? I would have hoped for more, I would have hoped to see him in jail.”

He added that it would be an “absolute shame” for Andalib-Goortani to continue as a police officer.

“It’s a scary thought that someone who was convicted of assaulting me with a weapon has a chance to be a police officer again and carry a gun and a weapon and all that.”

He said he would not be surprised if the court battle, which has already taken four and a half years, will continue to the Ontario Court of Appeal.

Mike McCormack, head of the Toronto Police Association, attended the Thursday morning court appearance and said the union will examine the decision and look at next steps, including a possible appeal.

Crown prosecutor Shawn Porter said all options are being considered.

Andalib-Goortani will return to court on Feb. 27, where his lawyers will argue that he should not have to provide a DNA sample under a court order.

Webb said they expect to argue that such an order would be a violation of Andalib-Goortani’s privacy rights.

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Police actions during the G20 summit weekend, including mass arrests and “kettling,” continue to face scrutiny as Supt. David (Mark) Fenton’s disciplinary hearing continues.

Fenton, charged with discreditable conduct and unlawful arrest, is the most senior officer to face a hearing under the Police Services Act in relation to the G20 weekend.

A class-action lawsuit on behalf of hundreds of people detained during the mass arrests is also continuing.