Magistrate David Day dismissed the assault charges laid against Senior Constable Corey Ahling on Tuesday following a hearing back in August.

The charges were laid against him over 18 months ago - January 2020 - when he was 38, and included assault occasioning actual bodily harm and two counts of common assault.

The charge was brought after a fellow officer accused him of kicking the handcuffed man in the kitchen of a Wellington home on December 28, 2018.

A third allegation that Senior Constable Ahling also assaulted the man by pushing him into a police truck was withdrawn by the Director of Public Prosecutions on August 11, 2021.

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He said the accounts supporting the third allegation were implausible and there were inconsistencies in the accusing witnesses' evidence.

Mr Day said the issue was not that the man was injured but whether the prosecution could prove beyond reasonable doubt that Senior Constable Ahling caused the injury.

However, Mr Day said there was contradictory evidence, as a well as vagueness and a delay in reporting by the accusing officer.

"Reasonable doubt arises and the charge must be dismissed," Mr Day said.

The case came about after several members of the Dubbo Police Target Action Group were deployed to Wellington to execute arrest warrants, one of which was for the victim on December 28, 2018.

Four senior constables entered the front of the residence including Senior Constable Ahling.

Three other police officers, including the detective in charge of the operation were at the back and side of the home.

The victim and a woman he lived with were inside and he was forced to the floor, arrested and handcuffed following a struggle with two senior constables in the kitchen.

Senior Constable Ahling and the fourth officer then entered the room.

It was later alleged that while the fourth officer opened the back door, Senior Constable Ahling kicked the arrested man.

The detective said he asked about the injury when he entered the room and Senior Constable Ahling said he was injured as a result of the struggle.

No one contradicted him or approached the detective afterwards.

The victim did not make a police statement and said he would not "dog" to assist the police.

The woman who lived at the house said the victim was kicked by a different officer.

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