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No charges for policer office over the G20 death of Ian Tomlinson
07-21-2010, 08:17 PM, (This post was last modified: 07-22-2010, 09:40 PM by TriWooOx.)
No charges for policer office over the G20 death of Ian Tomlinson
Quote:Mr Tomlinson, a 47-year-old newspaper vendor, collapsed and died shortly after being struck with a baton by Metropolitan Police riot officer.

Video footage from bystanders’ mobile phones showed Mr Tomlinson walking away from the police, with his hands in his pockets, when he was hit on the back of the legs and shoved to the ground.

His family are expected to be informed at 11am on Thursday whether the officer, who has never been named, will face charges, which could include manslaughter or assault.

Keir Starmer, the director of public prosecutions, is expected to make the announcement in person, having been heavily involved in the decision.

Mr Tomlinson’s widow, Julia, has criticised the time it has taken for the Crown Prosecution Service to decide on any possible charges. A criminal investigation by the Independent Police Complaints Commission was completed in August last year, but the CPS asked for more evidence to be gathered after the IPCC file had been handed over.

Mr Tomlinson, a father of nine, was walking home through crowds of protestors in the City on April 1 last year after helping out at a friend’s news-stand when he came into contact with the police.

After he was struck down, a member of the public helped him to his feet, and he staggered another hundred yards, holding his side, before he collapsed and died.

Police told his family he had died of a heart attack, which was backed up by the findings of a post mortem examination, but when footage surfaced of him being hit by an officer from the Territorial Support Group, a second post mortem was ordered which found he had died from an abdominal haemorrhage.

It later emerged that the officer who dealt the blows had covered his badge numbers on his shoulders and was wearing a scarf over the lower half of his face, making it difficult to identify him.

A spokesman for the Tomlinson family said: “We won’t be making any comment before the decision is known.”
The revolution is not an apple that falls when it is ripe. You have to make it fall. - Che Guevara

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07-22-2010, 11:53 AM,
RE: CPS to announce whether policeman will be charged over G20 death of Ian Tomlinson
No charges over G20 man's death

Quote:An officer who was filmed apparently pushing a man to the ground during the G20 protests will not face charges over his death.

Ian Tomlinson, 47, died minutes after being caught up in the clashes on 1 April 2009 in the City of London.

Director of Public Prosecutions Keir Starmer said the Crown Prosecution Service (CPS) concluded that "there was no realistic prospect of conviction".

The incident and its aftermath was caught on amateur video.

Mr Starmer said that there was a "sharp disagreement between the medical experts" about the cause of death, which led to three post-mortem examinations being conducted on Mr Tomlinson.

The officer, a member of the Metropolitan Police's territorial support group, is currently suspended.

Mr Tomlinson, a newspaper seller who was not involved in the protests, was walking home when he was caught up in the demonstration.

The video footage showed him being apparently struck by a baton and then pushed to the ground.

He was seen moving away after the incident but was found collapsed 100 metres away in Cornhill.

Mr Starmer added that there was "sufficient evidence" that the officer's actions "constituted an assault" and the CPS had considered two assault charges - actual bodily harm and common assault - but decided not to proceed with it.
Witness statements

Lawyers have examined the video footage as well as CCTV images, photographs and witness statements.

Three post-mortem examinations were conducted on Mr Tomlinson's body leading to different conclusions.

The first found the father of nine died of natural causes, the second of internal bleeding and the results of the third, conducted on behalf of the officer, were not made public.

Following the death the Independent Police Complaints Commission completed their inquiry in August 2009 and handed a file of evidence to the Crown Prosecution Service (CPS).

On the first anniversary of Mr Tomlinson's death his family and campaigners criticised the CPS for the delay in reaching a decision.
The revolution is not an apple that falls when it is ripe. You have to make it fall. - Che Guevara

Resistance Films Youtube Channel

TriWooOx Podcast
07-22-2010, 04:50 PM,
RE: CPS to announce whether policeman will be charged over G20 death of Ian Tomlinson
Tomlinson family accuse CPS of cover-up

The police officer caught on video during last year's G20 protests striking a man who later died will not face criminal charges, the Crown Prosecution Service announced today.

Keir Starmer, the director of public prosecutions, said there was "no realistic prospect" of a conviction, because of a conflict between the postmortems carried out after the death of Ian Tomlinson last year.

The newspaper seller died following the demonstrations on 1 April 2009 in central London. The official account that he died from a heart attack was undermined when the Guardian obtained video footage showing a riot officer striking the 47-year-old with a baton and shoving him to the ground shortly before he collapsed and died.

In a written statement the CPS admitted that there was sufficient evidence to show the officer had assaulted Tomlinson, but claimed a host of technical reasons meant he could not be charged.

Tomlinson's stepson Paul King, flanked by his mother, Julia, who was struggling to hold back tears, said: "It's been a huge cover-up and they're incompetent."

The family solicitor, Jules Carey, said the decision was a disgrace and said Tomlinson's relatives would be considering whether they could mount an appeal.

"Clearly it is a disgraceful decision," he said. "We now need to find out if there has been a lack of will or incompetence, and frankly there needs to be an inquiry into that.

The family, who went to the headquarters of the CPS in London to be told of the decision today, had wanted a charge of manslaughter to be brought against the officer, who was named in media reports as PC Simon Harwood.

In a detailed letter setting out its reasons, the CPS said that the actions of the officer – seen striking Tomlinson with a baton then shoving him to the ground in the footage – amounted to assault.

It said: "The CPS concluded that there is sufficient evidence to provide a reasonable prospect of proving that the actions of PC 'A' in striking Mr Tomlinson with his baton and then pushing him over constituted an assault. At the time of those acts Mr Tomlinson did not pose a threat ... There is sufficient evidence to provide a realistic prospect of proving that his actions were disproportionate and unjustified."

But the CPS went on to explain the obstacles to a prosecution posed by the subsequent postmortems.

The first police account that he died from a heart attack was confirmed by a pathologist, Freddy Patel, in the initial postmortem.

But a second postmortem, conducted on behalf of the Independent Police Complaints Commission (IPCC), found Tomlinson died from internal bleeding.

The CPS said it could not bring a manslaughter charge because the conflicting medical evidence meant prosecutors "would simply not be able to prove beyond reasonable doubt that there was a causal link between Mr Tomlinson's death and the alleged assault on him".

It said it could not bring a charge for criminal assault because too much time had elapsed: a charge must be brought within six months.

The CPS also ruled out bringing charges of actual bodily harm, and misconduct in public office.

Tomlinson had his hands in his pockets and his back to the officer when he was hit. The video footage suggests that no other police officer went to his aid and it was left to a bystander to lift him to his feet. He appeared to stumble about 100 metres down Cornhill, clutching his side, before collapsing a second time.

Police initially led Tomlinson's wife and nine children to believe he died of a heart attack after being caught up in the demonstration. In statements to the press, police claimed attempts by officers to save his life by resuscitation were impeded by protesters.

The CPS announcement comes five years to the day since another landmark incident involving police use of force. On 22 July 2005, officers shot dead Jean Charles de Menezes after mistaking him for a terrorist who was about to detonate a bomb. Then, the family of the innocent Brazilian criticised the CPS for failing to bring criminal charges against any individual.

The Tomlinson family had criticised the time it took the CPS to reach their decision.

The first investigation was conducted by the IPCC. Its officials are understood to have reached a clear view as to whether enough evidence existed to support criminal charges.

They were able to complete their inquiries in just four months and submitted a file to the CPS by August.

Key to the investigation were hundreds of hours of footage and thousands of images shot by bystanders at the protest, which enabled them to piece together Tomlinson's last 30 minutes alive.

CPS officials had assured the family they would decide on whether to prosecute the officer – and on what charge – by Christmas 2009.

The CPS has given various explanations for the delays, and claims it has had to return to the IPCC for clarification several times on different issues.

It is also understood that there have been complications surrounding the evidence of an expert witness.

The IPCC itself was late in mounting an inquiry, claiming there was nothing suspicious about the death for almost a week until the release of footage of the incident obtained by the Guardian forced a U-turn.

link -

It's a sure sign of a fascist society when cop killers become heroes
Vitam Impendere Vero
07-22-2010, 09:37 PM,
RE: CPS to announce whether policeman will be charged over G20 death of Ian Tomlinson
G20 riots: policeman who stuck Ian Tomlinson faced two previous aggression inquiries

Quote:Pc Harwood left the Metropolitan Police a decade ago amid controversy over an alleged off-duty road rage incident, then got a job with Surrey Police, where he was accused of using excessive force.

He could now face disciplinary charges over the death of Mr Tomlinson, and could also be the subject of an internal investigation by the Met into how he was allowed to rejoin the force despite having an unresolved disciplinary matter on his record.

The married 43 year-old had been due to face a misconduct hearing over the alleged road rage incident, understood to have happened in the late 1990s, but instead retired on medical grounds.

A few years later, the father of two rejoined the Met as a civilian computer worker before applying to Surrey Police for a job as a police constable in May 2003.

A spokesman for Surrey Police said: “He applied to become a Pc with us in 2003. Following our vetting procedure, liaising with the Met Police and passing a medical examination, he was accepted.

“He was full and frank about his history.

“Surrey Police had no concerns at the time and he followed the standard procedure for everybody.”

Pc Harwood spent a year and half working in Surrey before applying to be transferred back to the Met in the autumn of 2004. However, during his time at Surrey he faced a complaint about his alleged behaviour while on duty.

The force spokesman said: “There was a thorough internal investigation and the claim was subsequently found to be unsubstantiated and no further action was taken.”

Pc Harwood returned to the Met in November 2004, but it is unclear whether the force was aware of the previous misconduct procedure, or whether there had been a failure in its vetting process.

By the time of the G20 protests last year, Pc Harwood was working with the Met’s territorial support group (TSG), which provides an immediate response to spontaneous disorder anywhere in London.

Dressed in a bright yellow reflective jacket, black uniform and helmet, Pc Harwood’s identity number was covered up and he had a scarf across the lower part of his face.

The Crown Prosecution Service’s report said that at 7.15pm on April 1, a police dog handler put out his hand to move Mr Tomlinson away and a police dog bit him on his leg. Mr Tomlinson did not react to the bite, and it was then that Pc Harwood moved in and shoved him to the ground.

Pc Harwood was questioned on suspicion of manslaughter two weeks after Mr Tomlinson’s death, and has been suspended ever since, spending his time at home in Carshalton, Surrey, where he lives with his wife Helen, a GP surgery manager, and their two young sons.

A spokesman for the Metropolitan Police declined to comment on the force’s decision to re-employ Pc Harwood in 2004.
The revolution is not an apple that falls when it is ripe. You have to make it fall. - Che Guevara

Resistance Films Youtube Channel

TriWooOx Podcast

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