Dominic Emmanuel Andrew Souvlis found not guilty to firing weapon in a public place

An Ayr cop who “accidentally” fired his weapon while on duty has been acquitted of a criminal charge – but may still face action from the Queensland Police Service.

An Ayr police officer has been acquitted of a criminal charge.

AN Ayr cop who “accidentally” fired his weapon while on duty has been acquitted of a criminal charge – but may still face action from the Queensland Police Service.

Dominic Emmanuel Andrew Souvlis was found not guilty in Townsville Magistrates Court of firing his weapon in a public place while on “flooded road” duties at Giru on January 31.

The prosecution alleged Constable Souvlis removed his Glock pistol from its holster and fired, after which he said to his partner, Constable Jason Miller: “It was a f**king accident bro”, court documents show.

It was alleged he fired the weapon on the Bruce Highway without reasonable excuse.

He was stood down from the Queensland Police Service on February 1.

Court documents show Constable Souvlis made admissions that it was “impossible” to fire the weapon unless it was unholstered.

In Magistrate Ross Mack’s written decision it was revealed Constable Souvlis said he was trying to stop his raincoat from catching on his holster when the weapon fired.

“He says that during the course of executing that plan the weapon slipped and as he grabbed at it his finger went through the trigger guard and the weapon is discharged,” Mr Mack said.

“The surrounding circumstances fit with the narrative – it was streaming rain at the time, he was getting wet, the rain was starting to get heavier, he wanted to put his raincoat on. This all seems logical enough.”

Constable Souvlis’s defence argued the charge did not apply to him as he was a police officer performing his duties.

However, the prosecution claimed he was handling his firearm unnecessarily and as such was in breach of the Operational Police Manual.

Mr Mack said he was not convinced Constable Souvlis’s evidence was “untruthful” and his account was “credible”.

While his version was at odds with Constable Miller’s, Mr Mack said it was merely a “difference of recollections between two witnesses”.

Mr Mack found the officer not guilty as he could not conclude Constable Souvlis was acting outside of his normal duties or functions when trying to fix the problem with his raincoat and holster.

“There may have been better ways to address the issue but that may require a counsel of perfection,” he wrote.

The Queensland Police Service confirmed the officer was still stood down.

“The matter remains under investigation and the status of the officer remains unchanged,” a spokesman said.

Originally published as Dominic Emmanuel Andrew Souvlis found not guilty to firing weapon in a public place