In a case criticised by Her Honour Magistrate Kemp as having “gaping holes”, NSW Police officer has been found not guilty of secretly recording sex with his former girlfriend.
"The evidence is wholly indicative it was not (the complainant) on that video and could not have been her," Her Honour said.
The magistrate noted the video had never been produced to be viewed by the court or by the complainant for her to be identified.
The constable telling colleagues the woman in the video was his former partner was most likely a "throw-away joke" to bolster his image among other officers, Her Honour added.
The officer, the nephew of former NSW Police commissioner Mick Fuller, was accused of showing colleagues a video depicting "doggy style" sex with a woman wearing a collar and lead around her neck.
He told them the footage was of himself and his ex-partner, the court heard.
But neither of the men could remember seeing the woman's "distinctive tattoos", which Cox's lawyer Paul McGirr argued was firm evidence the video did not show the officer's former partner.
"People can't take tattoos on and off," McGirr said.
One of those officers, Constable Zachary Barrett, acknowledged he only thought it was Cox's ex-partner in the video because of what his colleague had told him.
The magistrate accepted it was "utterly implausible" that Barrett would not have seen the woman's tattoos if they had been visible in the video.
Paul McGirr has indicated to the court that an application for costs will be made and the matter has been adjourned to September for that purpose.
