An Esquimalt man, caught in a case of mistaken identity, is feeling partly vindicated after a provincial court judge dismissed a charge against him for obstructing justice.

Now, Jayson Bitz, 24, is waiting to see what happens to his complaint against the Victoria police officers, who Bitz maintains beat him badly enough to give him a concussion when they made the July 29, 2005, arrest.

B.C. provincial court Judge Robert Higinbotham, in a decision made public on Monday, dismissed the case against Bitz after hearing two constables stopped him on Bay Street near Tyee Road in the late afternoon when one mistook him for a prohibited driver.

According to evidence supplied by police in court, Bitz became angry and abusive when police failed to provide him with a good reason for pulling him over. Finally he swore and accelerated away from the officers to park in a nearby lot where police arrested him.

Higinbotham wrote police could have defused the situation by telling Bitz the truth, intimating they could even have apologized. Instead the officers made the situation worse by making up phoney reasons for pulling him over.

One told Bitz he was pulled over because he was a man driving a car registered to a woman. Then his partner made things worse by deciding at that point to notice a crack in the windshield and implied that was reason enough to stop Bitz.

Richard Neary, Bitz's lawyer, successfully argued the officers had no just cause to detain Bitz once they realized their initial mistake. Not allowing him to go on his way made it an arbitrary detention and a violation of Bitz's constitutional rights.

Neary said in a Monday telephone interview, evidence of the beating Bitz maintains he received at the time wasn't entered into court once the constitutional argument was successful. But he confirmed Bitz has filed an official complaint with Victoria police.

Bitz said on Monday that, when he was originally pulled over, the officers insisted they didn't need a reason to stop him. After several requests, Bitz said he grew frustrated and swore. Then, because he wasn't safely pulled far enough off the road he drove along and parked in a nearby lot and turned off the engine.

When the officers showed up, one pulled him out of the car slammed him face first into the concrete and put him in handcuffs. Another two police officers came along and one of them joined in beating Bitz, while the fourth just stood by.

Bitz said his face was slammed several times into the concrete. There were blows to his ribs and the back of his head. He ended up with a black eye, bruises and a concussion.

"I didn't even get a chance to say anything," said Bitz.

"I actually had a concussion so bad my doctor even told me not to sleep for a day."

He said he has laid a complaint with the Victoria Police Department over his treatment and there may be a civil action.

Comment from the Victoria police was not available Monday.