Why the Metropolitan Police Won’t Apologise to Lord Bramall

Solicitor Iain Gould explains why the Metropolitan Police won't apologise in this blog post.
Iain Gould, solicitor, explains why Lord Bramall won’t get an apology from the Metropolitan Police.

By Iain Gould, Solicitor

Recently the Metropolitan Police was in the headlines because it refused to formally apologise to Lord Bramall over its treatment of him during an investigation into historic child abuse allegations.

The Metropolitan Police raided Lord Bramall’s home in March 2015 and he was later interviewed under caution on 30 April 2015. He strenuously denied the allegations and said that “There wasn’t one grain of truth in the allegations” made against him.

In mid-January 2016, the Metropolitan Police finally declared that there “was insufficient evidence” to pursue charges against the 92-year-old Second World War veteran over the historic abuse inquiry.

Sir Max Hastings, military historian and friend of the peer said that Lord Bramall had “been through absolute hell” over the allegations. He said that in pursuing the investigation of historic abuse, the Metropolitan Police had lost sight of a “sense of justice and fairness” towards those accused and that “decency demanded” an apology.

This is why he won’t get one.

Metropolitan Police Statement

Patricia Gallan, Assistant Commissioner Specialist Crime and Operations, said in a statement: “The Metropolitan Police accepts absolutely that we should apologise when we get things wrong, and we have not shrunk from doing so.

“However, if we were to apologise whenever we investigated allegations that did not lead to a charge, we believe this would have a harmful impact on the judgments (sic) made by officers and on the confidence of the public.

“Investigators may be less likely to pursue allegations they knew would be hard to prove, whereas they should be focused on establishing the existence, or otherwise, of relevant evidence.”

Miss Gallan also said that she recognised “how unpleasant it may be to be investigated by the police over allegations of historic abuse. For a person to have their innocence publicly called into question must be appalling, and so I have every sympathy with Lord Bramall and his late wife and regret the distress they endured during this investigation.”

The force had a duty to fully investigate “many serious allegations referred to us every year” and should do so “irrespective of their status or social standing”, the statement went on.

“It stands to reason that we cannot only investigate the guilty and that we are not making a mistake when we investigate allegations where we subsequently find there is no case to answer,” the assistant commissioner said.

“I accept that we can always learn and improve,” she insisted.

Wrongful Arrest Apology Sought

But do the Metropolitan Police “learn and improve” and apologise when they “get things wrong”?

My client Mr K (name withheld for confidentiality reasons) would disagree after he was wrongfully arrested in October 2013.

Mr K had previously served the Community as a part-time magistrate but that experience had not prepared him for a late night visit from police officers and a night in the cells.

Unbeknown to Mr K, on 12 February 2013, the County Court had imposed a non-molestation order against him in response to a series of spurious and vindictive allegations made by his ex-wife.

The non-molestation order was ordered to remain in force until 11 February 2014 at 11.59pm and provided that Mr K was, amongst other things, forbidden to use or threaten violence, intimidate, harass or pester, or communicate directly with his ex-wife. His only means of contact with her were to be through her nominated solicitors. Crucially, the order included a power of arrest so that if my client breached the order, he was liable to be arrested and brought before the Court.

Upon service of the order, my client contested it, saying that it had been supported by untrue and unfounded allegations and included a draconian power to arrest.

The Court agreed and, on 6 June 2013, discharged the non-molestation order, which was substituted with a “General Form of Undertaking”. In that both my client and his ex-wife effectively promised to not harass each other. As such, the threat of arrest for alleged breach of the non-molestation order was withdrawn.

On 9 October 2013, Mr K’s ex-wife reported a breach of the (now defunct) non-molestation order, claiming that my client had sent her emails. The Metropolitan Police decided to investigate and arrest my client.

On 11 October 2013, two officers attended my client’s home address at about 10.30pm. They told Mr K that he was to be arrested for breach of the terms of the non-molestation order.

Mr K told both officers that the non-molestation order had been discharged and replaced with a “General Form of Undertaking” which he had in his house. He offered to show it to the officers but they refused. They told Mr K that:

  • they had been instructed to arrest him;
  • they would not consider his documentation; and
  • he could give an account at the Police Station.

My client was dressed in his pyjamas, was not allowed to change, and was humiliatingly led outside in front of his neighbours to a waiting marked police van. He was taken to Ilford Police Station where he was processed and imprisoned in a cell overnight.

The next morning, Mr K was interviewed during which he produced the documentary evidence confirming that the non-molestation order had been replaced by an “Undertaking”. The interview lasted for less than 5 minutes and he was soon released without charge.

Complaint Against the Metropolitan Police

In November 2013, Mr K, upset at his treatment during the embarrassing and frightening episode, submitted a formal complaint to the Metropolitan Police’s Directorate of Professional Standards.

The Directorate’s long-winded investigation ended in mid July 2014. The Force thanked Mr K for raising the issue and confirmed that the officers’ behaviour had been unsatisfactory and breached professional standards. It accepted that Mr K’s arrest had been unlawful and upheld his complaint.  But no apology was forthcoming.

My client felt that the officers’ punishment (“management action”) was wholly inadequate and lodged an appeal.

Following review by the Independent Police Complaints Commission (“IPCC”) in October 2014, it was considered that management action was indeed appropriate but that, in addition, the Metropolitan Police should “give consideration” to Mr K’s request for a written apology.

(It was presumably considered that an apology would go some way to satisfy Mr K that he had been wronged, that the Metropolitan Police recognised what they had done wrong, and would learn from their mistake.)

Despite this clear recommendation from the IPCC the Metropolitan Police again failed to apologise.

Compensation Claim

Having exhausted the complaint process, Mr K felt that he had no alternative but to pursue a civil action against the police. He sought me out as a specialist in actions against the police following an internet search.

After carefully considering the facts I took Mr K’s case and demanded an apology on his behalf. I also intimated a compensation claim, alleging, false imprisonment among other things.

Following investigation, solicitors acting on behalf of the Metropolitan Police responded with a financial offer of settlement without admission of liability or an apology.

As is so often the case, whilst compensation may provide vindication and some comfort to my client, what he really wants is an apology. Despite Mr K’s repeated requests, a recommendation from the IPCC, and numerous requests from me, the Metropolitan Police have failed to do this simple, and free, thing.

The Force could easily address this, even while negotiations about compensation continue. At this point there is nothing to be gained by refusing to apologise, so why not do it?

Decency Demanded

My client’s experience is not unique. Mr K is one of many clients that I have represented (and continue to represent) who has to fight tooth and nail for justice. Unlike Lord Bramall, most are not in the public spotlight with friends and family in high places who can bring the police to account.

The Metropolitan Police’s response to Mr K (offer compensation with no admission of liability or apology) is in line with my experience of their general policy. A policy that fails to recognise what I consider to be its moral and economic duty as a public organisation to apologise when in the wrong, resolve issues quickly, and avoid lengthy and expensive legal battles.

I certainly do not recognise Patricia Gallan’s statement that the Metropolitan Police apologise “when we get things wrong”. Her statement reads more like a defence of their practices and indicates an unsympathetic attitude, despite the platitudes.

Sadly for Lord Bramall, Mr K, and countless others, the “decency demanded” by Sir Max Hastings for an apology does not seem to exist at Britain’s largest police force.

 

For help with your civil action against the police contact me via using the online form below or at my firm’s website http://www.dpp-law.com.

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Will the Metropolitan Police Abuse their Body Cameras?

By Iain Gould, Solicitor

I was interviewed on BBC Radio 5Live today about the Metropolitan Police’s decision to pilot a scheme in which 500 front line officers will wear body cameras.

You can hear the interview here:

Body camera debate

There is considerable debate about the use of body cameras, which is not surprising given that the trial, if extended, will ultimately result in 10,000 to 20,000 Metropolitan Police officers using the cameras, with many more around the UK following suit.

In my opinion, such cameras have the potential to be crucial in re-establishing public confidence in the police. They can help members of the public in their fight against police misconduct and at the same time help the police reduce the number of complaints and police abuse claims made against them.

But the Metropolitan Police Commissioner, Sir Bernard Hogan-Howe, has said that such cameras will not be permanently switched on and that officers will be able to turn them on and off as they choose.

If this is allowed the body cameras’ role in providing a much-needed check and balance against abuse of police powers will be lost.

Picture of a police officer wearing a body camera.
Police officer wearing a body camera.

Many reasons why continuous recording will never happen have been put forward (Human Rights, employment regulations, and so on) but unless the deployment of such cameras is not subject to stringent guidelines, their effectiveness will be limited.

I would suggest a mandatory rule that such cameras must be turned on during any interaction with the public. If an officer fails to do so, not only should disciplinary action be taken when it is established that the camera was not deployed, but any footage obtained should be excluded from being used as evidence. This would have the desired effect of putting pressure on the police officers on the beat (and their superiors) to ensure that the cameras are routinely used.

As with any new habit, a ‘carrot and stick’ approach would help. The ‘carrot’ is ensuring that the difficult job of being a front line police officer is supported by impartial and contemporary evidence from a video camera. The ‘stick’ reminder of the threat of disciplinary action or a failed prosecution will help to ensure compliance.

Political motive for body cameras?

Unless and until such guidance is issued, the deployment of these cameras is little more than a political quick fix to try to restore public confidence.

What is really required is a change of culture where all police forces adopt a robust complaints system that is open and transparent and where police officers are held to account. The use of body cameras would go some way to providing the transparency required, but without a system of continuous use when interacting with the public, the Metropolitan Police’s motives could be seen as suspiciously self-serving.

If you have a police abuse claim and want legal help, contact me, Iain Gould, using the online form below, on 0151 933 5525, or via my firm’s website.

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Image credit: West Midlands Police on flickr.

Why do police assaults continue eight years after Azelle Rodney’s death?

Iain Gould, Actions Against the Police SolicitorBy Iain Gould, solicitor

On 30 April 2005 an armed police officer of the London Metropolitan Police fatally shot Azelle Rodney (shown below), a passenger in a car believed to have armed criminals inside, in a bungled ‘hard stop’.  Although weapons were subsequently found in the vehicle, Mr. Rodney was not holding a gun when killed by the police.

Investigations by both the Independent Police Complaints Commission and the Crown Prosecution Service found no reason to criticise the police’s conduct. No inquest was held, and eventually political pressure persuaded the Lord Chancellor to establish a Parliamentary Inquiry on 10 June 2010.


cc licensed ( BY ) flickr photo shared by 4WardEver Campaign UK

The recently published Azelle Rodney Inquiry Report is critical of:

  • the Metropolitan Police’s planning procedures,
  • the execution of the ‘hard stop’,
  • their handling of the aftermath of the shooting, and
  • concluded that there was no lawful justification for shooting Mr. Rodney so as to kill him.

Specifically, the report criticised the conduct of the ‘hard stop’, a tactic used by the police to ‘box in’ a suspect vehicle and use overwhelming force to shock the occupants into compliance. The report’s authors considered this ‘hard stop’ fell short of Police standards.

They found fault with:

  • the decision to ‘box in’ the vehicle directly outside a pub when better opportunities for the manoeuvre had previously presented themselves,
  • the deliberate ramming of the suspect vehicle on two separate occasions,
  • the officers who alighted from the police vehicles failed to wear caps so identifying themselves as police officers,
  • the officers fired a shotgun into the suspect vehicle’s tyres after it had been rammed and hemmed in when there was no likelihood of the vehicle escaping
  • the disproportionate force used by the police officer who shot Azelle Rodney, who opened fire only 0.06 seconds after his car stopped alongside the suspect vehicle with first six bullets, then followed up with two more shots. Shots 5-8 were found to have been directly to the head.
  • the evidence given by that officer was unreliable. The report found that the officer could not have seen or believed that Azelle Rodney had picked up a gun and was about to use it, despite his earlier statements. It considered that the policeman would be liable in civil and criminal law for the killing as there was no basis for firing the fatal fifth to eighth shots
  • the post-assault procedures, in which Mr. Rodney’s body was left on the pavement for more than 16 hours, his blood was not cleaned away prior to his family attending the scene, and unauthorised press reports were released.

The report recommends that the Metropolitan Police conduct a thorough review of their procedures.


cc licensed ( BY SA ) flickr photo shared by West Midlands Police

Police assaults as a result of ‘hard stop’ action

Our modern police force has evolved to deal with changing threats. In particular, the risks caused by firearms and weapons means that the police have developed a tactic to create ‘shock and awe’ in the minds of their suspects. The police will now use the ‘hard stop’, expletives, physical force, ‘boxing in’ (where police vehicles are used to corner a suspect’s vehicle), and other aggressive behaviour to dominate and intimidate. They justify this by stating that they may have to deal with the threat of lethal force from potentially armed suspects.

The bungled ‘hard stop’ which tragically resulted in Azelle Rodney’s death was over eight years ago. Have the police learned from their mistakes? As two of my cases involving the London Metropolitan Police show, a pattern of unjustifiable police assaults is emerging that may suggest not.

Police assault, hard stops and ‘verbal stunning’

My clients Claire Clarke, James Barber, Nicholas Fairbairn and Ruth Fairbairn were on the receiving end of aggressive police assault tactics, described in an official response to their complaint as ‘verbal stunning’, when they were driving home from visiting friends on 19 April 2010. (You can read a case report here.)

The four friends in their late twenties were driving in Harrow when their car was boxed in by three marked Police cars while executing a ‘hard stop’.

A number of armed police officers surrounded them and trained their weapons on the car. James (the driver) had his car window was smashed, was roughly pulled out, thrown to the glass-covered ground and handcuffed. The armed police officers screamed expletives and contradictory instructions at the terrified friends. Nick and Ruth were also forcibly removed and handcuffed. The friends were separated. After 20 minutes the police explained they had made a mistake, and that they had stopped the wrong car.

All suffered physical and emotional distress as a result. As with Azelle Rodney’s case, the Independent Police Complaints Commission rejected their complaint saying there was no evidence of misconduct. I disagreed and instigated a civil action on their behalf and ultimately recovered compensation for my clients for this police assault on the basis that the police failed to conduct basic checks before executing the ‘hard stop’ on the friends’ car.


cc licensed ( BY SA ) flickr photo shared by Dave Crosby

Police assault with gun during a ‘hard stop’

My client Mr. A had just walked into an underground car park on 04 September 2009 when he was set upon by five or six armed men, all dressed in plain clothes. One of the men approached him and without warning smashed the butt of his gun into the side of Mr. A’s right temple, causing him to fall to the ground.

Mr. A was dragged away from the car park doorway by his attacker.

When Mr. A asked ‘why are you beating me?’ the man said ‘keep your f**king mouth shut’ and struck Mr. A with the butt of his gun again in the right temple.

Mr. A adopted a foetal position on the ground. While defenceless he felt people pulling at his limbs, kicking his heels, ribs and left hip. He was stamped on by the men. Then he was struck with the butt of the gun a third time to the head by the same man, who shouted ‘F**king c*nt, move!’

Mr. A, who was bleeding heavily and in great pain by this time had no idea who was attacking him, or why.

The man with the gun was told to ‘back off’ by a colleague, who came over and said ‘it’s not even f**king him’. Despite this, Mr. A was told that he was being arrested.

It then dawned on Mr. A that he had been repeatedly assaulted by police officers, not gangland thugs. As with Azelle Rodney’s case, the officers had failed to wear caps or other identifying clothing.

Mr. A was arrested (even though the officers would not tell him why), taken to hospital and thereafter a London police station where he was held for over 24 hours before being released, even though the police had clearly arrested the wrong man.

Ultimately, no action was taken against him.

He has suffered serious  injuries which have left him with permanent scars to his face and scalp, and emotional trauma. I am now pursuing an actions against the police claim for his police assault, wrongful arrest & false imprisonment. Mr. A seeks additional compensation for the police’s arbitrary, oppressive and unconstitutional conduct.

The police have denied liability and refused to apologise for their conduct. I have issued court proceedings on his behalf and the case is ongoing.

Police assault failures

There are chilling similarities between my clients’ cases and that of Azelle Rodney.

Eight years on, when faced with a potentially lethal threat, police officers are still failing to comply with proper procedures, using unnecessary force and mishandling the aftermath, knowing that they will be protected by the IPCC and their solicitors. We can only hope that the criticism of all involved in the Azelle Rodney case will convince the police to clean up their act.

 

If you are a victim of police assault and want to make a claim for compensation against the police, contact me using the online form below, on 0151 933 5525, or via the www.dpp-law.com website.

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