In May 2014, my client, Robert Headingly was driving his elderly father’s car on his way to get a haircut.
To Robert’s complete shock, just as he was approaching a roundabout, a Police car with blaring sirens and flashing lights screeched to a halt in front of him and an Officer began aggressively shouting at Robert through the window of his car, demanding that Robert get out of the car, though without any explanation as to why. Almost without pause, the Officer then began to smash his baton against the driver’s window of Robert’s car, which caused Robert to panic and move his car a very short distance, before stopping again. Other Police vehicles and Officers rapidly arrived and within seconds of the stop occurring, Robert, who was in a state of complete shock, bewilderment and panic, found the windows of his car being smashed in from left and right by Police Officers, showering Robert with shards of glass, and a cannister of PAVA spray being discharged into the interior of the car, right into his face.
Unbeknownst to Robert, a warrant had been issued for his arrest in connection with a failure to report a change in his financial circumstances to the DWP. This arose from a claim for Housing Benefit and was due to an innocent administrative error by Robert.
Two Officers took hold of Robert and pulled him so that he was turned around and facing out of the car, with his feet on the road, and he was in this position when PC Newman delivered three overarm blows with a baton to Robert’s shin which broke his right shin bone in two, necessitating an operation to insert a metal rod and screws and leaving him crippled in that leg for life.
Robert brought a claim against Hertfordshire Constabulary who denied liability and the case proceeded to Trial. Following evidence and submissions, the Court found that the Officer’s baton strikes were not merely an unreasonable use of force but in fact were ‘grossly disproportionate’. In response and following resignation, Hertfordshire Police agreed to pay damages of £100,000.
All names changed.
Also read: £100,000 damages for Police Brutality
