Mr Bourke was charged by way of a private prosecution taken out by former police officer Michael Griffiths, who alleged he had been assaulted by Mr Bourke.

He further alleged Mr Bourke had damaged his glasses in the fracas.

During the hearing the court was shown closed circuit television footage of the incident, taken inside the William Street newsagency.

The footage showed Mr Griffiths initiating contact with Mr Bourke who stumbled at first before pushing Mr Griffiths away.

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Mr Griffiths glasses', which were hanging from his jumper on his chest, ended up in Mr Bourke's hands following the contact.

In evidence, Mr Bourke told the court he didn't realise he had the glasses until Mr Griffiths demanded them back.

Not wanting to approach him after what had unfolded, Mr Bourke told the court he tossed the glasses to the ground before walking away.

Giving evidence, Mr Griffiths said he was entering the newsagency at about 7.45am on August 8 last year when he noticed a male standing to the far right of him.

Mr Griffiths alleged the man said to him: "Get out of the way you [expletive] idiot."

Mr Griffiths said he took "a defensive stance, placing [his] arms to the front and stepping forward against the male person" before "forcing past him".

Mr Griffiths said he recognised the man as Mr Bourke.

Mr Griffiths said Mr Bourke then grabbed the front of his shirt and "pushed and pulled him" before throwing his glasses to the ground.

After the incident, Mr Griffiths said he picked up and paid for his paper before driving to Bathurst police station where he passed Mr Bourke who was leaving the station.

Solicitor Shane Cunningham, acting for Mr Bourke, put it to Mr Griffiths that his client had said nothing to Mr Griffiths as he entered the newsagency and only said "get away from me" after Mr Griffiths had run into him.

Giving evidence, Mr Bourke said he was leaving the newsagency when he saw Mr Griffiths approaching so he went to his left to stay out of his road.

"To hopefully let him enter the store without any interaction," he said.

Mr Bourke said he stood to the left and Mr Griffiths' shoulder and knee came into contact with him, leaving him dazed. "I still had a heap of papers in my hands."

After hearing the matter, magistrate Brian Van Zuylen dismissed both charges against Mr Bourke.