​Kevin​ Walmsley​, 3​6, of Raglan Parade, Warrnambool,​ contested an indecent assault charge in​ the Warrnambool Magistrates Court ​during December last yea​r but was found​ guilty and imprisoned​ for four months.

He appeal​led against both the conviction and sentence in the Warrnambool County Court on Thursday.​

After a hearing in a closed court, which went for more than three hours, crown prosecutor ​David O'Doherty withdrew the charge against Mr Walmsley - clearing the accused man.

Mr Walmsley, who no longer works for the RACV service, was highly emotional outside court after the hearing finished.

The reasons behind the prosecution decision not to proceed with the charge have not been made public.

​​In December last year magistrate John Lesser said the complainant gave consistent evidence, she had immediately called 000, there were observations by other people she was hysterical and he also found she was not ​found to be ​under the influence of alcohol or drugs.

He said it was a compelling prosecution case and it was unusual the complainant made a call to emergency services so quickly.

Mr Walmsley had given an alternate version of events but the magistrate said the accused failed to counter why the complainant acted as she did.

After being jailed, Mr Walmsley spoke out in court: “This is a joke”, “I didn’t do it” and he repeatedly said “I’m the victim” as he made a dramatic scene while being ushered out of court.

Mr Lesser said the victim was a young person in a vulnerable position and the considerable impact of the offence was likely to be ongoing.

Police said that on December ​7 last year a woman and a female friend were together from 8pm until about 2.30am when the complainant left to go home.

She said she hit a tree branch while on the way home, tried to continue driving along Hyland Street after being unable to change a tyre but had to call the RACV.

In an​ interview with police, ​Mr Walmsley denied any wrongdoing.