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Police Officer who struck Ian Tomlinson has 'no case to answer'
Former Member
Posts: 1,876,323 The Mix Honorary Guru
http://www.guardian.co.uk/uk/2010/jul/22/ian-tomlinson-police-not-charged
Speechless - just, totally speechless (but not surprised).
From the CPS decision:
What they've done is said that because they can't prove beyond all reasonable doubt that he was killed, so why I hear you ask, was a common assault charge not brought? Oh, because of the six month time limit, which expired while the IPCC and the CPS conveniently dragged their feet.
How are we supposed to have confidence in a service that can do this, and receive no legal sanction - I don't care about the technicalities, why the hell should anyone trust someone who faces no reasonable prospect of sanction for misconduct.
Speechless - just, totally speechless (but not surprised).
From the CPS decision:
The first issue that the CPS considered was whether the actions of PC 'A' were lawful. Having analysed the available evidence very carefully, the CPS concluded that there is sufficient evidence to provide a realistic prospect of proving that the actions of PC 'A' in striking Mr Tomlinson with his baton and then pushing him over constituted an assault. At the time of those acts, Mr Tomlinson did not pose a threat to PC 'A' or any other police officer. Whilst the officer was entitled to require Mr Tomlinson to move out of Royal Exchange, there is sufficient evidence to provide a realistic prospect of proving that his actions were disproportionate and unjustified.
Having concluded that the officer's actions could constitute an assault, the CPS then considered the possible criminal charges.
What they've done is said that because they can't prove beyond all reasonable doubt that he was killed, so why I hear you ask, was a common assault charge not brought? Oh, because of the six month time limit, which expired while the IPCC and the CPS conveniently dragged their feet.
How are we supposed to have confidence in a service that can do this, and receive no legal sanction - I don't care about the technicalities, why the hell should anyone trust someone who faces no reasonable prospect of sanction for misconduct.
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No doubt he'll be in line for a promotion and/or a free holiday paid for by the Force, just like some of those implicated in the killing of De Menezes were...
This country has become such a police state.
It does say 'could' not 'will', the paper may have just added that themselves whether it be true or not.
He'll be given 'words of advice'.
No wonder more and more people think the police are there to serve only themselves.
UPDATE:
Member of the MPA (Jenny Jones) has come out expressing dissatisfaction with the outcome, adding that the 'reputation of the Police is poor'.
The Met, and forces around London, have got away with so much even in this age of personal media it is scary. No one was prosecuted or even disciplined for the crazyness that went on at Kingsnorth, or the G20.
Why?
Because the Police as an institution only respect certain people - those people tend to be linked to government or business. I'm not saying people consciously think that, I'm saying it's a culture which produces consequences like this.
Environmentalists, peaceful protesters, then they can't wait to have a go (men or women) - they have no respect at all as has been demonstrated beyond all reasonable doubt countless times over the past five years. However, take a look at the Upton Park riots, when things really DID kick off - not so much. Wonder why?
Because lots of them are bullies and cowards.
http://www.guardian.co.uk/world/2010/jul/22/china-police-beat-wife-official
We're not there yet but if we don't stand up to these bastards we will be.
These kind of judgements again and again embolden the police to know they can get away with anything ...even murder.
Be afraid.
If you're taking that from 'Injustice' its actually that 1,000 people have died while in Police custody - foul play was obviously not suspected in all cases but there are plenty of dodgy cases brought out by that film.
http://www.injusticefilm.co.uk/
Fucking Telegraph still describing them as 'riots'...
UPDATE:
Oh and here's Boris two cents:
Good to know the Tories care about accountability and civil liberties.
Also, there's a pretty scary but I'm sorry to say not unreasonable (in terms of speculation NOT action, I hasten to add) comment below the story on The Guardian. It reads:
'The Police seem determined to have another Blakelock before they learn how to behave themselves'
I think it's a callous to pick on a specific and horrendous murder, but while it's a crudely made point it is nevertheless valid.
They are going to push someone too far one day.
Is anything being done?
Blunt force trauma was ruled to be the codependant factor with cirrosis of the liver in both autopsies after the original dodgy autopsy.
There is no reason to believe his actions did not contribute to Tomlinson's death.
Lets also not forget the most scary thing in all this - that it is the most visible example tip of the iceberg of Police violence against people they don't like. If, even with this, we can't hold them to account then what prospect do we have of trusting them with other things that are 'off panopticon'?!
The Met lied - they did not mislead, or misinform - LIED. Straight after his death the most ridiculous theories were thrown around about protestors dressed as policement, protestors bottling ambulance staff. People who went there to voice their opinions peacefully were the subject of the most horrendous slander, until irrefutible evidence emerged of Police violence.
What weight of evidence will demonstrate to people that sometimes, it's the boys in blue that need to be controlled, NOT Joe Public...
Copenhagen G20 - 500 people marching down the street then handcuffed and forced to sit in sub-zero temperatures without access to food, medicine, water, toilets - restrained for hours.
Toronto G20 - arbitrary arrests in areas with no violence at all. People quick cuffed and left in overcrowded cages for 8 hours with no water, food or toilets - people passing out from dehydration, unable to move. People refused access to medication.
Is this the society we want to live in? Who is being protected by this madness?!
Peaceful protest leads to people being assaulted, restrained and held in dangerous conditions beyond what is neccessary - FACT. Some might start to wonder if it's the right approach - people do have a right to defend themselves from aggression and violence.
It's going to be one hell of a job putting our coppers back in their place and reminding them we don't live in a totalitarian state.
Oh, and as for Boris Johnson, shut the fuck up. But before you do, when are you going to comment on these love-child rumours that were doing the rounds last week? Don't you realise you make yourself look more and more of a tit through being silent?
They have guidance on filming and data gathering, yet FIT units continue to operate in ways which clearly break European Court Rulings.
They are continually given 'words of advice' when they abuse Terrorism legislation, conduct punitive stop and searches, abuse journalists, and assault the public.
This is really serious.
Dr. Carey [pathologist who did the follow up autopsy that was backed up by the third] said the death was due to a "severe head injury" likely to have been inflicted by the "actions of a third party".
This officer has likely killed someone and gotten away with it.
CPS admits he commited assault, but as it happened more than 6 months ago, cannot be charged
if i commit assault on someone and it accidently leads to death, i believe that is manslaughter, it should go to court, so the facts can be assertained
the fact the 2 post mortems are different is because the 1st which said natural causes was a bloody cover up sham, and the 2nd which said internal bleeding, was unable to get enough evidence to proof conclusively since it was too late for that
gah it's a fucking disgrace, just take the copper the court for assault and manslaughter, let our peers decide, not the government...
But this tweet sums this up for me simply. http://twitter.com/Niaccurshi/status/19249427014
Until I'd re-read the report it was something I'd missed.
I think people are labouring under the assumption that I'm glad he got away with it. I'm not.
The actions of these guys makes the rest of us look bad and it annoys me. When I've used force it's been as the law describes, reasonable and proportionate. If I'm able to stay calm and level headed in public order situations with nothing but a stab vest and a cloth hat and an imaginary friend to protect me, then surely these guys can cope a little better.....
How this guy doesn't face ANY fucking charges beggars belief.
As WhoWhere said, unfortunately, this ruins it for all the good cops out there, who I have the utmost respect for, if they do their job as they should.
To be fair, most police aren't c***s. They do a pretty thankless task. It's the fault of those in the echelons of power attempting to protect the bad eggs that makes me sick.
Indeed.
We have got fantastic community spirited PCSOs and PCs up and down the country who put themselves in harm's way on a daily basis so that Joe Public doesn't have to.
There is some portion (I wouldn't pretend to guess whether it was a tiny minority or a significant element) of the forces that are invariably, bad eggs. Whether this guy was rotten to the core or just under too much stress on the day (and, being honest, anyone can snap under enough pressure - even if they are professionals and shouldn't), his actions were certainly wrong, immoral, unlawful, and brought the service into disrepute.
Why the higher ups would seem to be so protective of their own, and forget that 'their own' are the people of this country, who they should be open with and honest with and non partisan over whether the bad guy is one of theirs or just a common thief, I don't know. It only further entrenches the view of many that the police are acting in an increasingly authoritarian, adversarial and confrontational manner.
Regardless, as I'm sure eventually it will only go one of two ways (people get fed up and you get a riot, or the top dogs realise they're pissing people off and become more transparent) - the majority of our services are decent, hard-working people doing a job they certainly don't get enough thanks for, because of the actions of a few.
So, from me, thanks.
Thanks Java.
I'm truly saddened and pissed off that yet again they get away with this.
The reality is we probably have a killer on the lose.
But he's one of their killers.
The family must be devastated.
Scum in uniform.
People like you WW should hand in your little deputy badges in disgust.
Five? Can't think of one tbh.
A good proportion are.
Because of the power the role commands it's a very attractive job for such people. Not enough is done to filter them out as this case shows.
WhoWhere, were you not recently putting forward an argument for arming all British police? That's fucking scary.
I'm beginning to think it might be better to give us all an IQ test first......
The reason those at the top do nothing about the "bad eggs" is because the police is simply a branch of government. Puppets, as it were, who will do and say exactly what the Government tell them to, simply because they pay the bills.
Me neither, but there's always one exception to a rule.
NB Rumour has it that the same CPS lawyer decided not to prosecute in the De Menezes case as this one...
See this archive London Weekend news report : http://www.youtube.com/watch?v=IeFS6S06w8c
Note the man with the nasty bleeding head wound who says he was actually trying to calm things down by telling people to stop throwing things.