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G20 Protests Death: Police Won't Be Charged

Mr Happy

LE
Moderator
#1
Ian Tomlinson G20 Death: Police Officer Will Not Be Charged | UK News | Sky News

A police officer caught on camera knocking down newspaper seller Ian Tomlinson during London's G20 protests will not be prosecuted over his death.

Director of Public Prosecutions Keir Starmer said that after a thorough review of the case, the Crown Prosecution Service had concluded there was "no realistic prospect" of a conviction.

A spokesman for the Tomlinson family said the decision was "a disgrace".

"We will look into whether this can be reviewed. It is unbelievable that there are no charges whatsoever. There needs to be an inquiry," solicitor Jules Cary said.

The CPS decision follows an independent inquiry into the clash on the fringes of G20 demonstrations in the City of London on April 1 last year.

The 47-year-old was walking home from work through the protests in central London on when he was hit from behind by a member of Scotland Yard's riot squad.

He died from internal bleeding after collapsing a short distance away in the City of London.

Mr Starmer said: "After a thorough and careful review of the evidence, the CPS has decided that there is no realistic prospects of a conviction against the police officer in question for any offence arising from the matter investigated and that no charges should be brought against him."

Mr Tomlinson's family, who have criticised the Crown Prosecution Service for the length of time it took to reach a conclusion, were at CPS headquarters to hear the decision.

No British police officer is thought to have ever been convicted for manslaughter committed while on duty.

The death of Mr Tomlinson, 47, became global news after amateur video evidence emerged that challenged the original official version of events.

Police told the newspaper seller's widow and nine children he died of a heart attack after being caught up in crowded streets around the protests.

But the video, obtained by The Guardian, showed an officer hitting him with a baton and pushing him to the ground, as he tried to walk home across the City during the angry G20 demonstrations.

Minutes later he collapsed.

Investigations were stepped up after the video came to light and a second post mortem, conducted on behalf of the Independent Police Complaints Commission, found he died from internal bleeding.

Mr Starmer said prosecutors did not believe they could prove a "causal link" between the alleged assault on Mr Tomlinson and his death, adding there is "sharp disagreement" between medical experts about what led to Mr Tomlinson's death that was "irreconcilable".

Sky News crime correspondent Martin Brunt said that Mr Tomlinson's inquest, which will now go ahead, may yet provide some new evidence in the case.

"If a jury or the coroner decide Mr Tomlinson had been unlawfully killed, for instance, then of course the CPS would have to look at it again. This is a story that will continue to dominate the headlines," Brunt said.

Immediately after the decision campaigners vowed to gather outside New Scotland Yard to protest against police violence
I dare say if someone video taped me shoving an police officer over on his way from work the CPS would have a different view on the whole thing.

What with Menzes, never has quis custodiet ipsos custodes applied more than now...
 
#2
So a Copper who resigned previously before he could get busted for violent misconduct, (road rage incident), and who shouldn't have been allowed back into the Police, can kill someone in the full public gaze and he's going to get away scott free?


"…He had faced a misconduct hearing in connection with an alleged off-duty road rage incident during his earlier term of employment, but instead retired on medical grounds, according to the reports.
However he rejoined the Met as a civilian computer worker despatching officers to calls and later applied to work as a constable with Surrey Police, where he worked for some time. He then successfully reapplied to transfer to the Met.…"

Officer under investigation over Ian Tomlinson's death 'should not have been working for Met' - Telegraph
 

Wordsmith

LE
Book Reviewer
#4
The best one is that they took so long investigating him, that they can no longer charge him with common assault - because those changes have to be lodged within 6 months of the incident.

So why didn't they charge him with common assault immediately - which looked to be a good bet - and investigate the rest of the charges with a view to bringing additional changes later?

cnuts....

Wordsmith
 
#6
Is there any wonder respect for police is at an all time low. The family should have taken out a private prosecution. This brutish thug has probably got a huge smile on his face today. Time, we, the public, decided the priorities of the police "service".

"CPS officials had assured the family they would decide on whether to prosecute the officer – and on what charge – by Christmas 2009.

The CPS has given various explanations for the delays, and claim they have had to return to the IPCC for clarification several times on different issues.

It is also understood that there have been complications surrounding the evidence of an expert witness.

The IPCC itself was late in mounting an inquiry, claiming there was nothing suspicious about the death for almost a week until the release of footage of the incident obtained by the Guardian forced a U-turn."

Presumably it was the evidence provided by Freddy Patel, the first coroner, that prevented a prosecution? Funny that..

As ever, the police are shown to be above the law.

Edited to add, Guardian has named him as PC Simon Harwood
 
#7
When is the coalition going to castrate the CPS. Anyone have any idea what it would take to re-role it as an institution representing justice as opposed to criminal interest?
 
#8
Mr Starmer said prosecutors did not believe they could prove a "causal link" between the alleged assault on Mr Tomlinson and his death, adding there is "sharp disagreement" between medical experts about what led to Mr Tomlinson's death that was "irreconcilable".
The only one of them which states unequivocally that death was as a result of a heart attack unconnected with the strike or fall was conducted by Dr Mohmed Saeed Sulema Patel who's currently before the GMC Fitness to Practise Panel for "impairment by reason of misconduct and deficient professional performance."

GMC Reference Number: 3390380 said:
The Fitness to Practise Panel will inquire into allegations that, whilst working as a Consultant Forensic Pathologist Dr Mohmed Patel's conduct in carrying our four post mortems was irresponsible and not of the standard expected of a competent Home Office registered forensic pathologist and that in one case his conduct was liable to bring the profession into disrepute.
Disagreement, indeed.
 
#9
If the "Can't Prosecute Service" failed to hold any Police Officer to account for the death by shooting of an innocent passenger on the Underground, it stands to reason they are not going to charge and prosecute an officer for a possible "common assault".
 
#10
The only one of them which states unequivocally that death was as a result of a heart attack unconnected with the strike or fall was conducted by Dr Mohmed Saeed Sulema Patel who's currently before the GMC Fitness to Practise Panel for "impairment by reason of misconduct and deficient professional performance."
The other one which was made public stated an arterial haemorrhage as cause of death and the heart attack as a consequence of that, however as near five litres of blood were found in the thoracic cavity this could not have occurred at the time of the fall; Tomlinson would never have been able to stand up or walk 100m whilst losing that much blood, he would have been unconscious within two minutes. The third PM result was never made public.
 
#11
When is the coalition going to castrate the CPS. Anyone have any idea what it would take to re-role it as an institution representing justice as opposed to criminal interest?
They could start by weeding out the party faithful and disbanding the "Special Crime Directorate" that was set up specifically to find that Tony Blair had no case to answer in the cash for honours scandal. Our current "independent" Director of Public Prosecutions is a former editor of "Socialist Alternative" and is named after Keir Hardie, Labour's first MP. Better than the last one who played tennis with the Blairs and was one of Cherie's business partners at Matrix Chambers.

In this case, though, I think the CPS have had their hands tied. There were two different post mortems carried out on the victim. The first was carried out for the police by a pathologist chosen by the police, rather than by the Forensic Pathology Service, as is normal for suspicious deaths in London. The pathologist had previously been reprimanded by the General Medical Council for leaking information favourable to the police in the case of a man who died in police custody.

The first pathologist stated that Tomlinson had died of a heart attack. The implication is that he is a "tame" pathologist brought in to absolve the police of blame. LINK

A second post mortem was requested by the family of the victim. The second pathologist determined that Tomlinson had died from internal bleeding and commented that he could not understand how the first pathologist had missed the large quantity of blood inside Tomlinson's body.

As I understand it, with conflicting post mortem results, you can't get a conviction. The whole thing stinks, especially when you consider the background of the police officer who clobbered Tomlinson. But, in this case, I don't think the CPS are to blame.
 
#12
Why doesn't the family mount a private prosecution or claim for damages.
What are the chances the inquest will bring back a verdict of wrongfull killing/death. Answers on a postage stamp...
 
#13
Why doesn't the family mount a private prosecution or claim for damages.
What are the chances the inquest will bring back a verdict of wrongfull killing/death. Answers on a postage stamp...
I think that the CPS can, effectively, stop private prosecutions these days. Also, in some cases, you need the Attorney General's permission to even start a private prosecution. Thirdly, it costs a packet and I doubt that the family of a newspaper seller are well off.
 
#15
They could start by weeding out the party faithful and disbanding the "Special Crime Directorate" that was set up specifically to find that Tony Blair had no case to answer in the cash for honours scandal. Our current "independent" Director of Public Prosecutions is a former editor of "Socialist Alternative" and is named after Keir Hardie, Labour's first MP. Better than the last one who played tennis with the Blairs and was one of Cherie's business partners at Matrix Chambers.

In this case, though, I think the CPS have had their hands tied. There were two different post mortems carried out on the victim. The first was carried out for the police by a pathologist chosen by the police, rather than by the Forensic Pathology Service, as is normal for suspicious deaths in London. The pathologist had previously been reprimanded by the General Medical Council for leaking information favourable to the police in the case of a man who died in police custody.

The first pathologist stated that Tomlinson had died of a heart attack. The implication is that he is a "tame" pathologist brought in to absolve the police of blame. LINK

A second post mortem was requested by the family of the victim. The second pathologist determined that Tomlinson had died from internal bleeding and commented that he could not understand how the first pathologist had missed the large quantity of blood inside Tomlinson's body.

As I understand it, with conflicting post mortem results, you can't get a conviction. The whole thing stinks, especially when you consider the background of the police officer who clobbered Tomlinson. But, in this case, I don't think the CPS are to blame.
AM this is not entirely true, but this discussion also depends on what the individual is (or ought to have been) charged with. In the case of Tomlinson it certainly should have been possible to charge with assault, if not manslaughter/murder. But the (deliberate?) prevarication by the CPS in conjunction with others has led to this situation.

Maybe there should be a demand for judicial review of the CPS decision. Maybe the family will secure the services of a decent lawyer. They have obviously been denied justice - and by that I mean proper judicial process, rather than a conviction.
 
#16
Fury over police 'culture of impunity'
By Chris Greenwood, Press Association
Thursday, 22 July 2010
A decision not to prosecute the officer who assaulted Ian Tomlinson is the latest example of a "culture of impunity" for police who break the law, it was claimed today.

Campaigners said the City of London coroner, pathologist Dr Freddy Patel, Independent Police Complaints Commission (IPCC) and police all played a part in damaging the chances of bringing charges.

Deborah Coles, of Inquest, called for an inquiry into the actions of all the public bodies involved in the case.

She said: "The eyes of the world will be looking on with incredulity as yet again a police officer is not facing any criminal charges after what is one of the most clear cut and graphic examples of police violence that has led to death.

"This decision is a shameful indictment of the way police criminality is investigated and demonstrates a culture of impunity when police officers break the law.

"It follows a pattern of cases that reveal an unwillingness to treat deaths arising from the use of force by police as potential homicides.

"It demonstrates yet again the flawed procedures that follow contentious deaths involving the police and stands as testament to their unaccountability."

Campaigners said vital evidence was lost because the IPCC did not launch a full independent inquiry until a week after Mr Tomlinson's death, after the video of the assault emerged.

The CPS has questioned the work of Dr Patel, who faces being struck off from the medical register over four other cases in which it is alleged he bungled post-mortem examinations.

The Tomlinson family have criticised the CPS for the length of time it took to decide whether to charge the officer or not. Director of Public Prosecutions Keir Starmer said the complexity of the medical evidence was responsible.

Paul Mendelle QC, chair of the Criminal Bar Association, said he could understand concern over the decision.

Speaking on the BBC Radio's World at One, he said a member of the public caught on camera assaulting someone would probably be charged quickly, but the circumstances of Mr Tomlinson's death made the case more complex.

Mr Mendelle added: "There will be concern in the wider world that, as some have put it, police officers seem to be getting away with serious assaults in full view of the public and members of the media and no charges are brought.

"But the decision as far as I can see so far from the statements of the director of public prosecutions is legally unimpeachable."

Members of the United Campaign Against Police Violence gathered outside New Scotland Yard to protest.

A spokesman said: "This is another example of the police and the whole justice system denying justice to those killed by police and protecting instead the perpetrators.

"We will continue to fight for justice for Ian Tomlinson."

The decision follows the acquittal of Sergeant Delroy Smellie, also a member of the Met's territorial support group, in April after he was accused of assaulting a woman.

A district judge found his actions were lawful when he struck Nicola Fisher with his baton during a vigil to mark the death of Mr Tomlinson outside the Bank of England on April 2.
 
#17
I think that the CPS can, effectively, stop private prosecutions these days. Also, in some cases, you need the Attorney General's permission to even start a private prosecution. Thirdly, it costs a packet and I doubt that the family of a newspaper seller are well off.
You are right, the CPS can choose to take over any private prosecution at any stage of a trial should they wish to do so.
Once they have taken over a case they can then choose to discontinue it.

Doubles all round at Scotland Yard.
 
#19
Given the shenanigans with the pathologist, giving out of false statements to the press, attempts to suppress the truth, I would have thought it not beyond the bounds of possibility that charges of conspiring to pervert the course of justice could be brought.
 

Mr Happy

LE
Moderator
#20
Given the shenanigans with the pathologist, giving out of false statements to the press, attempts to suppress the truth, I would have thought it not beyond the bounds of possibility that charges of conspiring to pervert the course of justice could be brought.
Maybe something institutional like "Hiring a thug against policy and putting him in a situation likely to allow him to resort to type and them attempting to deny responsiblity and then avoid responsibility through using a well known sympathetic pre-briefed expert witness". Not sure that's on the books but if it were it would be a slam-dunk..
 

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