In the early hours of a Saturday in November 2017, my client David was at home asleep on his sofa after a night out at a family celebration. His wife, Emma, was still out and their teenage daughter Lucy was in bed upstairs.
Unbeknown to David, Lucy had accidently called 999 on her mobile phone just before midnight. The mobile phone was registered to her mother, Emma, at the family’s home address.
In response to that abandoned 999 call, Greater Manchester Police officers PC Matthews and PC Brandon attended at the family home at around 4:20am.
David did not hear the officer knock on the front door but was awoken as the officers walked into the living room where he had been sleeping on the sofa. He was surprised to hear about the 999 call and politely answered all of the officers’ questions, explaining that Emma was still out with family/friends. He confirmed that there had not been any ‘domestic’ between him and his wife.
David showed the officers upstairs so that PC Matthews could speak directly with his daughter Lucy who confirmed that she had dialled 999 by error.
David also allowed the two officers free-rein to explore the house and the officers searched the ground floor living room, dining area, kitchen and even under-stairs cupboard as well as the upstairs floors (the bathroom and all of the bedrooms).
PC Matthews then saw Emma’s mobile phone (switched off) on the hallway table and David confirmed that it was his wife’s, explaining that she must have not taken it out with her.
At that point PC Matthews asserted “I smell porkies” insinuating that David was lying. David took offence at that and immediately asked the officers to leave.
The officers refused, at which point David raised his voice and tried to usher the officers from the living room to the front door. He repeatedly asked the officers to leave his house, yet they refused to do so.
It would appear that PC Matthews was assuming that the phone used to make the ‘dropped’ 999 call was Emma’s phone in the hallway – as opposed to Lucy’s phone registered in her mother’s name – and from that had leapt to the wild surmise that something sinister had befallen Emma – despite there being absolutely no evidence of this.
At this point, there was no evidence of any crime and the officers should have simply obeyed David’s instruction to leave.
As David moved towards PC Matthews to guide him back towards the front door, PC Matthews shoved David violently in the chest with both hands, pushing him backwards.
PC Matthews then moved into the hallway briefly, before pushing past David to return into the living room and through into the dining room area again, apparently searching the area for a second time to see if Emma was there, which she clearly was not.
As David approached PC Matthews, repeating his instructions for the officer to leave, PC Brandon suddenly and without warning grabbed hold of David from behind, putting his arm around David’s neck in a ‘choke hold’.
David struggled to free himself from the choke hold, and he and PC Brandon fell onto the sofa, where a struggle ensued.
At that moment, Emma entered the living room with her brother, having just returned home – shocked and stunned to witness a Police Officer wresting with her husband on the couch.
It was manifestly clear that no harm had befallen Emma, but PC Matthews and PC Brandon continued their assault upon David.
PC Matthews sprayed David in the face with CS spray.
David then went upstairs and the Police Officers stepped outside the house with Emma. PC Matthews then stepped back into the hallway and walked to the bottom of the stairs.
David came back down the stairs, in distress and pain from the CS spray, again instructing PC Matthews to leave and attempting to close the front door.
PC Brandon then discharged CS spray into David’s face for a second time.
Multiple Police units now pulled up outside the house, blue lights flashing.
One of the newly arrived officers, PS Brown, then entered the house and took hold of David. PS Brown punched David several times to the face. David struggled in an attempt to defend himself and get away from PS Brown and the other officers. PC Matthews had also grabbed hold of David and both officers dragged him out of the house.
Outside the house and whilst David was restrained by PS Brown and PC Matthews, PC Edwards approached David and tasered him from close range. The taser incapacitated David causing him to fall to the ground, whereupon he was handcuffed by PC Matthews and taken to a waiting police vehicle.
PC Matthews now arrested David for “assaulting Police Officers in the execution of their duties.” David was transported to Wigan Custody Suite and processed.
Following an interview under caution, in which he asserted his innocence, David was released, after almost 12 hours in Police custody.
David was subsequently sent a postal requisition in January 2018 in regard to three offences of assaulting a Constable contrary to s.89(1) of the Police Act 1996, based on allegations that he assaulted PC Matthews, PC Brandon and PS Brown. All of the charges against him were dismissed following a trial at the Greater Manchester Magistrates’ Court in October 2018.
David brought a claim for damages against Greater Manchester Police and after the institution of Court proceedings settled for damages of £17,000.
All names changed.
Read more about this case here: I smell porkies: GMP failings in the spotlight.
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