My client David Oyelowo, a young black man, was travelling to Dagenham in his car one Sunday morning, accompanied by his cousin and friend, who were also black.
David was doing nothing untoward and was driving within the speed limit, but made ‘eye contact’ with a passing car containing Metropolitan Police Officers. At that point the Officers decided to activate their sirens and pull David’s vehicle over.
David, who was registered disabled, and suffers with avascular necrosis, which is a degenerative condition of the hips, got out of his vehicle and politely enquired as to how he could help the Officers.
The Officer he spoke to seemed to have no specific reason he could give to David as to the stop other than an assertion that he was carrying out a ‘routine check’.
David co-operated with the Officer’s request for his personal details and thought that he would soon be on his way. David waited on the pavement minding his own business whilst the Officers apparently ran a check on his details and spoke to his passengers.
Then, without any warning at all – one of the Police Officers seized David from behind. David was shocked, did not know who was attacking him and instinctively reacted by pushing away the person who had grabbed him – only to realise, to his further shock, that it was one of the Officers.
As David demanded to know what was going on, the Officer attempted to handcuff him but without explanation.
As David struggled in an entirely justifiable manner to stop the Officer from unlawfully handcuffing him, the second Officer joined in, performed a ‘leg sweep’ on David, and took him to the ground.
The two Officers now combined to handcuff David as he lay chest- down on the ground, placing a knee in his back, and holding his head down. David was struggling to breathe and genuinely thought he might die. He called out that he was disabled, but was ignored.
Other Officers now arrived on the scene and took hold of David’s legs, as he continued to lie on the ground, bending them up behind his back, causing excruciating pain to David – all the worse because of his hip disease. The pain was so much, David was close to passing out.
David was then pulled upright, marched to a Police van and then conveyed to a nearby Police Station.
It was only there that David was finally informed of the reason for his ‘arrest’. It transpired that there was an outstanding warrant on the Police computer system for a man of the same name as David, although it was noted that the wanted man was white.
Notwithstanding this, David was arrested and then charged with assaulting the two Officers who had in fact assaulted him and was forced to undergo the stress and trauma of a criminal prosecution until he was found not guilty at the Magistrates Court some three months later.
David brought a claim against the Metropolitan Police and after the institution of court proceedings agreed a settlement of £22,5000 damages plus legal costs.
Also read: Why “Driving while black” might get easier.
