In November 2019, my client, Ben Joynes was driving home, with his teenage son in his car. He became aware of a traffic jam ahead, and was able to see that a number of Police Officers were present, with some individuals were being arrested.
As Ben waited for the scene to clear, a Police van pulled up behind him and an Officer whom Ben now knows to be PC Mark Knights of Derbyshire Constabulary approached Ben and asked him to move his car. Unfortunately, there was insufficient space for Ben to do so and he refused; PC Knights unreasonably responded by taking pictures not only of Ben’s registration plate, but also of Ben and his son. This unjustified action caused Ben to get out of his vehicle, and in turn take a photograph of the Officer. Without warning, PC Knights then attempted to slap Ben’ phone out of his hand – but missed.
Having returned to his vehicle, Ben was driving off as the traffic started to move forwards again, when he heard PC Knights calling him a “fat cunt”. Understandably upset, Ben got out of his vehicle to remonstrate with the Officer and started to ask for his name and collar number – whereupon he was immediately head-butted by PC Knights, who then pushed him to the ground, handcuffed him and then dragged him to the back of the Police van. As Ben was dragged away he asked what he was being arrested for, to which PC Knights replied, “I don’t know yet.”
Distressingly, all of this had occurred in front of Ben’s son and Ben was left sitting in the Police van, handcuffed and bleeding profusely from his mouth as a result of the head-butt.
Ben subsequently lodged a complaint and PC Knights was prosecuted for assault. At Trial in December 2020, PC Knights was found guilty.
Ben subsequently brought a claim against Derbyshire Police and after lengthy negotiations, agreed an out of court settlement of just under £20,000 plus costs.
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