On the afternoon of 21 January 2016, my client Richard Roberts returned home in his vehicle with his partner and two step-children and parked up outside. As he alighted, he noticed his neighbour’s wife Tracey, who was driving her car, reverse and hit a wheelie bin that he had left out earlier that day, causing it to fall over. Richard picked up the bin and wheeled it back towards his home. As he did so, Tracey was verbally abusive towards him.
In light of Tracey’s behaviour, Richard and his partner then attended Milford Haven Police Station to report matters. At the police station, he was advised that the police were aware of the incident, to return home and that an officer would call in later to discuss matters.
Richard and his partner duly returned home. Upon their return, Tony (Tracey’s husband) was standing on his door step shouting abuse at Richard, which he ignored. Tony then proceeded to assault Richard by pushing him and punching him several times. Richard managed to get his partner and step-daughter into the house.
At this stage, his step-daughter was heavily pregnant and was complaining of abdominal pains.
In the circumstances, Richard called 999 to request that both the Police and Ambulance attend.
From an internal CCTV monitor in his house, Richard then saw Tony pick up a plant pot and throw it at the windscreen of Richard’s car.
By this time, neighbours had congregated and were watching events.
Tony and Tracey’s daughter Morgana then approached Richard’s front garden and kicked over another garden pot.
At this time, emergency sirens could be heard and Tony then returned inside his own house as did Tracey and Morgana.
Realising the police were to attend shortly, Richard immediately saved the relevant CCTV footage on to a pen drive so as to pass this to the police.
Just after 16.00, a marked police vehicle pulled up outside Richard’s house and two officers PC Norman and PC Goy of Dyfed-Powys Police alighted.
Richard came out of his house and walked over to his car to inspect the damage.
Tony also came out of his house and, in effect admitting what he had done, said “You’d better put me in the back of your car”. He was arrested by PC Goy.
Richard remarked to the officer, “Yeah, you’d better” and “I want him arrested for assault, I’ve got it on camera”.
Tracey then emerged and shouted to Richard, “You tried to abuse my daughter”. He replied, “Did I? Let’s see what the CCTV says because it has audio”.
PC Goy remained with Tony. PC Norman approached Morgana as did Richard. Morgana then sought to attack Richard, threatening to ‘kill’ him, but was held back by PC Norman.
Richard returned to his house whilst Tony was escorted to the police vehicle.
PC Norman then approached Richard and advised him that he was under arrest. Richard asked what for, to which PC Norman said “a Public Order offence”.
Richard knew that events had been recorded on his house CCTV system and immediately invited PC Norman to view the footage which he knew would exonerate him. In fact, PC Norman had previously attended the premises and viewed CCTV footage of another incident . On this occasion however, PC Norman refused. Richard said, “I’ve just been assaulted by that prick (i.e. Tony) and he’s done that to my car and now I’m being arrested? How pathetic”.
Richard was then handcuffed to the front and as he was escorted towards the second police vehicle his partner said that she would get a copy of the footage for the police.
Richard was then driven to Haverford West Police Station. At this time, he knew that paramedics had arrived to attend to his pregnant step-daughter but did not know of her condition or progress. She was subsequently taken to hospital.
Richard was outraged by the fact and circumstances of his arrest.
According to the custody record, Richard was arrested for a S4 Public Order Act offence and the circumstances of arrest were said to be that:
Officers called … in relation to a disturbance. Upon Police arrival all was quiet so the Officer spoke to the caller. The DP (Richard) then came out of his house and was shouting abuse on more than one occasion. When IP (Tracey) spoken to it was established that the caller had knocked over a wheelie bin belonging to the DP at which point the DP came out and directed abuse at her and her family.
Richard was processed during which he advised custody staff that he had been “wrongfully arrested.” Richard was then placed into a cell.
Following Richard’s arrest, PC Norman prepared a witness statement detailing events earlier that afternoon, and justifying the decision to arrest Richard. That statement, in particular, falsely alleged that Richard was shouting, screaming, swearing and using foul language.
The video and audio on Richard’s CCTV footage indisputably exposed the following extracts from PC Norman’s statement as false. Richard firmly believes that these extracts were deliberate fabrications by the Officer:
- “Roberts was being extremely abusive, shouting and screaming loudly in the street in my direction and the direction of [Tracey, Tony & Morgana]” (He was not screaming or abusive).
- “I heard Roberts shouting a torrent of abuse, it sounded like every other word was either “Fucking Nonce”, “Fucking Arsehole”, “cunts” (Whilst Richard did make some comments, he did not swear and was not abusive).
- “I still heard Roberts shouting and swearing in our direction”. (He did not shout or swear).
- “Roberts shouted ‘I’m standing on my own fucking doorstep and having a fucking fag, I don’t smoke in the fucking house” (He did not swear).
- “I then heard Roberts before I saw him, shouting and screaming from his home address” (He did not shout or scream).
- “You’re fucking arresting me, I was the one who’s been assaulted?” (He did not swear).
- “They’re fucking arresting me for Public Order and I was the one who’s been fucking assaulted, its fucking pathetic” (He did not swear).
Richard was kept in custody overnight and interviewed the next day. During the interview, Richard denied any wrongdoing and robustly asserted that “CCTV will prove it”.
Following interview it was recorded that there was insufficient evidence to proceed with a s4A Public Order offence and that instead, Richard was to be charged with breaching s5 of the Public Order Act 1986 and bailed to attend the local Magistrates’ Court on 9 February 2016.
On 24 January 2016 Richard. was contacted by PS Dunn who came to his home to view the relevant CCTV footage. PS Dunn took a copy of the footage.
On 25 January 2016 Richard was contacted by PS Harrison of the Professional Standards Department who advised that she had viewed the relevant CCTV footage and encouraged Richard to lodge a formal complaint against PC Norman, which he did.
On 26 January 2016 Richard was visited by PC Dunn who confirmed that criminal proceedings against him were discontinued.
PC Norman was subsequently arrested for perverting the course of justice. i.e. on the basis of the contents of his witness statement about Richard.
Following investigation, Richard was advised in July 2016 that PC Norman was to be prosecuted for perverting the course of justice. Richard was obliged to attend trial on two separate occasions and give evidence. On 18 May 2017 PC Norman was, despite the weight of evidence, acquitted.
PC Norman subsequently faced Police misconduct proceedings. Following review, PC Norman was found guilty of misconduct but was only issued with a final written warning rather than being dismissed. Eventually, in December 2017, Richard received an investigation report confirming the outcome of his complaint against PC Norman.
On Richard’s behalf, I brought a claim against Dyfedd-Powys Police. Following the institution of court proceedings, the Police agreed to pay my client £40,000 damages and his legal fees.
Read more here: Police Misconduct results in £40,000 payment to my client.
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