A NSW police officer who pushed a frail elderly man in a supermarket has been found not guilty of assault.
The crown said 73-year-old Leonard Batholomuesz was unsteady on his feet when he bumped into Constable Antonio Saffioti in the Woolworths supermarket in Sydney's Town Hall on April 30, 2013.
Moments later, the elderly man was pushed to the ground, suffering a fractured leg and dislocated shoulder. He died from an unrelated heart attack six days later.
Saffioti pleaded not guilty to recklessly inflicting grievous bodily harm and assault occasioning actual bodily harm, saying he did not use excessive force during the encounter.
On Thursday a jury at Sydney's District Court agreed, finding him not guilty of both counts.
It comes after the court heard Mr Batholomuesz was a regular at the supermarket who used to buy lollies and share them with the staff.
He was inside the produce section when he bumped into 51-year-old Saffioti.
Shopper Penelope Randall, who said she witnessed the event, described Mr Batholomuesz as a very frail, petite gentleman who looked to be in his 90s.
After she saw him being pushed to the ground, she confronted Saffioti, saying: "Why did you do that? He's an old man. How dare you?"
Ms Randall told the jury that Saffioti yelled at her: "If you'd been shouted at all day and touched all day you would do the same thing."
The court heard Saffioti then looked down at Mr Batholomuesz and said: "Can you get up mate?"
Defence barrister Ray Hood said although Saffioti had pushed Mr Batholomuesz, all police officers were entitled to use reasonable force.
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