A MAN who hit a police officer during an early hours street fracas kept his freedom after magistrates said the blow was neither malicious nor intentional.

The Burnley bench had been told how Jamie Southern, 25, struck out with a clenched fist, striking the officer on the side of the face.

The pair then struggled and fell onto the bonnet of a taxi.

Southern, of Church Street, Burnley, who has no previous convictions, was conditionally discharged for 18 months and must pay £70 compensation.

He admitted assaulting police constable Russell Proctor and an allegation of threatening, abusive or insulting words or behaviour was withdrawn. Andy Robinson, prosecuting, said police were called to a public disorder in Hammerton Street, Burnley, in the early hours.

Several people were involved in the scuffle and as a friend of the defendant's was being arrested, Southern shouted at police to get off him.

The defendant was told to calm down and go away but swore, clenched his fist, told the police to leave him alone and struggled violently when an officer tried to restrain him.

A colleague came to help the officer and as he tried to get hold of Southern's right arm, he struck out with a clenched fist. After a struggle he was handcuffed and taken to the police station.

Graeme Tindall, defending, said it was the first time Southern had been before a court. The only reason he became involved in the incident was to try and calm the situation.

He accepted he had been drinking and was aggrieved at getting arrested. The defendant acknowledged he was resisting and trying to pull his arms away, but it was not a deliberate blow to the officer. Southern was simply trying to get the officer off him. He spent a considerable period of time in custody.