Graham Roderick McCallum (58) was relaxing at his home last night when the Otago Daily Times called after Judge Joanna Maze dismissed three charges against him in the Oamaru District Court.
The charges were assaulting police, resisting police and refusing to accompany an officer.
Mr McCallum praised counsel Colin Withnall QC's ability to undo the police case using old case law and thanked Judge Maze for her interpretation of the law.
He said during the failed arrest the police officers dislocated his right elbow and caused an avulsion fracture.
''I'm going to take legal action.''
Yesterday was the second day of the judge-alone trial.
Mr Withnall successfully argued that when police detained his client on February 9, the arresting officer, former sergeant Peter Muldrew, of Oamaru, obtained a passive breath test from McCallum and subsequently arrested him, the sergeant was trespassing on private property.
McCallum was was on his way to tend beehives at the Irvine Rd site.
Mr Withnall said police had to prove they had authority to enter the property and failed to do so.
Police argued to have new evidence introduced and for the proceedings to be adjourned, but both applications were denied.
Judge Maze called the action a ''request to patch up a case''. She was critical of the police on several points, including the behaviour of Sergeant Tony Woodbridge, of Oamaru, when he came to the aid of Sgt Muldrew when he called for back-up.
Given that no legal basis had been established by Sgt Muldrew to arrest McCallum, any subsequent police action lost its power and so all charges ''faulted''. She also criticised the way officers acted that day when assessing what they were legally able to do.
During the first day of the trial, the court heard how McCallum did not stop for Sgt Muldrew, who was concerned about his driving. He activated his police car's lights and followed McCallum into a paddock where he kept beehives.
Police said when they spoke to him, McCallum displayed signs of alcohol consumption and this was confirmed by a passive breath test taken by the sergeant.
McCallum was told he needed to undergo an evidential breath test, which he refused to do. He became verbally aggressive towards the officer and refused to go to the Oamaru Police Station.
Back-up officers were called and when they arrived, McCallum refused to leave his vehicle.
A scuffle began and police said McCallum verbally abused and grabbed Sgt Muldrew and struck another officer. That officer, Sgt Woodbridge, told the court he struck McCallum on the head with a closed fist after he grabbed Sgt Muldrew and made a threat against him.
Both sergeants and Constable Regan Wilson removed McCallum from the car. Once ejected, McCallum was on the ground, with Sgt Woodbridge underneath McCallum, Const Wilson on top of McCallum and Sgt Muldrew on the ground to the side.
McCallum refused to be handcuffed, so Const Wilson and Sgt Woodbridge forced his arm out from underneath him while he was on the ground until he relented.
It was not until later, during processing, that McCallum was taken to hospital, where it became clear he had a dislocated right elbow.
