Steven Repac, 29, appeared in the County Court on Monday.  

A 12-person jury returned a guilty verdict on one charge of common law assault for kicking Yvonne Berry in the left leg in the early hours of January 15, 2015, while Ms Berry lay handcuffed on her stomach in a police cell.

The victim Yvonne Berry, who was a Victoria Police officer on temporary leave at the time of the assault, wrote a victim impact statement that stated she felt Repac should be given a second chance. 

“The defendant was a very junior member on the shift and I feel he was in the company of senior members who should be held more accountable for what occurred,” her statement read. 

“I do not want him to lose his job … it’s a pity he was working with an out of control night shift crew and ended up in this situation.”

Ms Berry said after the incident, she had a twisted ankle, a broken bone in her leg and bruising.

She stated she continues to get counselling, due to the stressful “sleepless nights, nightmares and near mental breakdown” the matter had caused her. 

Judge Paul Lacava said having watched the CCTV footage of Ms Berry’s assault, it was “extraordinary” an earlier internal police investigation could reach the conclusion that Repac had not committed a crime. 

“There seems to be a view of (Ms Berry) that Mr Repac was entitled to and expected better leadership from those more senior than he was,” Judge Lacava said. 

Crown prosecutor Jane Warren said to Repac’s credit, he had gone on to find alternate employment, Berry had “made it clear she doesn’t hold any animosity toward him and asks for him to get a second chance”.

“But general deterrence and denunciation loom large. The victim was vulnerable, half naked and intoxicated,” she said. 

Defence lawyer Geoffrey Steward argued for a good behaviour bond for his client, telling the court it would provide some “appropriate mercy and compassion” and would not impact his current employment prospects outside of the police force. 

“His character and past history have been described as outstanding … the consequence of a conviction not being recorded is that it won’t have a devastating affect (on his new job),” he said.

Repac will be sentenced on Friday.