dissenting.
While concurring with Divisions 2, 3, and 4 of the majority opinion, I must dissent from Division 1, because it appears that some of the personnel files may have been discoverable in this case.
With regard to the results of the internal investigation of the appellant’s arrest, independent review of the materials reveals nothing exculpatory. At most, the officers’ statements contain insignificant variances from the trial testimony in recounting minor details of the incident. No justification for a new trial exists unless the defendant demonstrates that a “suppressed” inconsistent statement might have affected the outcome of the trial, and the appellant here most assuredly has not met that burden. Legare v. State, 243 Ga. 744, 754 (257 SE2d 247) (1979); Dickey v. State, 240 Ga. 634, 636 (242 SE2d 55) (1978). However, the state’s failure to produce the complete personnel files as subpoenaed and the trial court’s denial of access to the files have left this court as well as the appellant in the dark.
To some extent, perhaps, the appellant’s subpoena of the officers’ personnel files was a “fishing expedition,” but the appellant’s stated reason for his need of the files was cogent and central to his defense to the obstruction charge. Given that circumstance, evidence of prior specific instances of the officers’ unwarranted violence would not have been irrelevant under the general provision of OCGA § 24-2-2, and the files should have been produced. See Henderson v. State, 255 Ga. 687 (3) (341 SE2d 439) (1986). The trial court could properly have deleted privileged or irrelevant material from such personnel files, but erred in allowing the state to withhold the subpoenaed files on the basis that the appellant’s subpoena/request was “untimely,” especially in view of the fact that no written motion to quash the subpoena was ever filed as required by OCGA § 24-10-22 (b).
The dishonor of the appellant’s subpoena and the omission of any personnel files in the appeal record (other than the internal investigation report) necessarily results in this review of the issue being somewhat inconclusive. It may be that the officers’ personnel files contain nothing suspected by the appellant, and thus no harm done in the denial of the files; but it may also be that the appellant was wrongfully deprived of relevant materials central to his primary defense to the obstruction charge. The only practical solution is to remand the matter to the trial court to review the complete personnel files of the officers who participated in the appellant’s arrest. If those files in fact contain the type of information suspected by the appellant, the files should be released to the appellant and new trial *498granted on the obstruction charge.
Decided March 10, 1987 Rehearing denied April 3, 1987 Amanda F. Williams, for appellant. Glenn Thomas, Jr., District Attorney, Robert L. Crowe, Assistant District Attorney, for appellee.I must respectfully dissent. I am authorized to state that Judge Sognier joins in this dissent.