Any justice still for Ian Tomlinson?

Ian Tomlinson being treated by Paramedics - Scotland Yard wrongly claimed on their website that police were pelted with rocks and glass as he was being treated - They later took down the claim

PC Simon Harwood, a member of the Metropolitan Police's Territorial Support Group, used "excessive and unreasonable force" against Ian Tomlinson at the G20 protests in London on 1st April 2009, a jury has decided and they found that the newspaper seller had been unlawfully killed. To reach an unlawful killing conclusion in English Law the jury were required to have been satisfied to a higher burden of proof than the other possible verdicts, which could have been reached "on the balance of probabilities". They had to be convinced "beyond reasonable doubt", the same threshold used in criminal trials.


Ian Tomlinson walking past the police before he was struck

Tomlinson, a 47-year-old father of nine, had been trying to walk home from work through the demonstrations near the Bank of England on the evening he died. An alcoholic, he had been drinking heavily and was looking vacant and confused as he was repeatedly turned away from police cordons. At 7.20pm he stumbled on to Royal Exchange Buildings, a passage police had been ordered to clear. Tomlinson had his hands in his pockets and was walking away from police when he was struck with a baton and pushed from behind by Harwood.

http://daithaic.blogspot.com/2010/07/ian-tomlinson.html

Now, there are many strange stories to be told in relation to the sad and needless death of Ian Tomlinson who is no longer alive due to the actions of those who should protect us.

There is the story of a Met Police Officer who resigned rather than face disciplinary proceedings relating to a road rage incident, later joined Surrey Police as a civilian worker, applied and was accepted as a Police Officer and then transferred back to the Metropolitan Police?

There is the story of the same Police Officer who in the 17 minutes prior to assaulting Ian Tomlinson had roughly arrested a protester for graffiti to a Police vehicle, had assaulted from behind and thrown to the ground a BBC cameraman before attacking Ian Tomlinson who was walking away and posing no threat, all in view of fellow officers all sworn to uphold the law and "The Queen's Peace"?

This is the story of a Home Office pathologist Freddy Patel, who’s verdict on the cause of death (heart attack) was different to two other highly respected pathologists. Dr. Patel has since been struck off the medical register for misconduct in two previous cases where he acted as a Home Office pathologist. The Crown Prosecution Service justified its decision not to prosecute PC Simon Harwood as they said Patel's findings would provide a jury with enough reasonable doubt that the attack by the officer contributed to the death?



This is the story of Keir Starmer, the Director of Public Prosecutions, acknowledging there was evidence that the officer assaulted Tomlinson minutes before he died, but saying there was no realistic prospect of conviction because of "sharp disagreements" between pathologists?

This is the story of the Crown Prosecution Service (CPS) saying it could not bring an assault charge because such a charge must be brought within six months, and it had taken 11 months to reach a decision, due to delays by the Police in submitting evidence?

This is not a story not of a single rogue officer but of a Metropolitan Police Service (MPS) which denied the true version of events until citizens and photographers who were indiscrimately “kettled” with protesters proved that the version of events circulated by the MPS was a pack of lies?


Ian Tomlinson being helped by a member of the public just after he was assaulted by PC Simon Harwood circled in the background. Police initially claimed they went to his assistance when he became ill and they had no previous contact with him

At first, the police strenuously denied any involvement with Tomlinson prior to his collapse. Witness statements immediately contested the police position. But it was the video footage shot by Chris La Jaunie and passed to the Guardian Newspaper that proved Tomlinson had been struck and pushed to the ground by a police officer. Were it not for this visual evidence, the Metropolitan police service (MPS) would have successfully denied and defused allegations of police violence, as it has on so many occasions in the past.

The police officer who attacked Ian Tomlinson at the G20 protests could be prosecuted for manslaughter after an inquest jury ruled that he unlawfully killed the newspaper seller. Returning their verdict after three hours of deliberation, jurors said Tomlinson died of internal bleeding in the abdomen after being struck with a baton and pushed to the ground by the officer.

The director of public prosecutions, Keir Starmer, immediately said he would "review" his decision last July not year not to prosecute Harwood. There were shouts of "yes" from Tomlinson's family when the jury confirmed their verdict that he was unlawfully killed. For legal reasons, the verdict did not name the officer, Metropolitan police constable Simon Harwood. However, they said that "excessive and unreasonable" force was used when he struck the newspaper vendor who "posed no threat".


A police cordon during the G20 summit protests. Thousands of protesters had been "kettled" by cordons as Tomlinson was trying to make his way home.

The family's lawyer, Jules Cary, said: "Today's decision is a huge relief to Mr Tomlinson's family. To many, today's verdict will seem like a statement of the blindingly obvious, however this fails to take account of the significant and many obstacles faced by the family over the last two years to get to this decision." Today's verdict brings to an end a two-year wait for Tomlinson's family, who maintain police attempted to cover up officers' involvement in his death.



Let us think how it would have happened if it was the other way around? If a police officer had been assaulted by a protestor and died minutes later. Would there have been “mistakes” in collecting evidence which meant charges were time expired? Would they have waited 16 months to decide not to prosecute? The police are paid from our taxes to protect us not to kill us. They must operate with our consent and within the Law and they must be held accountable.

Before we get too excited at the possibility of judicial accountability for the death of a harmless slightly sozzled newspaper vendor who was wandering public streets just minding his own business and trying to find his way home consider this. Despite over 1,000 people dying in police custody or due to police action since the late 1960s if the police officer who the DPP said had assaulted Ian Tomlinson was charged with manslaughter it would have been the first time this has ever happened in Britain. Ask yourself the simple question - what is the statistical possibility that these over 1,000 human beings who died in police custody or as a result of police action were all killed lawfully? I suspect you would get a better answer to this question from bookmaker Paddy Power than you would from the Metropolitan Police Service, Keir Starmer, the Director of Public Prosecutions, or the myriad other per functionaries paid out of our taxes to protect us.

This is the story of an institutionally violent Police Force whose members believe they can behave in this manner with impunity? This is the story of one law for the Police and a different law for the public? This is the story of collusion to ensure Police Officers who commit crimes on duty are not held to account? This is the story of an innocent victim whose family are still searching for justice?

The Guardian Newspaper obtained this footage of Ian Tomlinson at the G20 protest in London shortly before he died. It shows Tomlinson, who was not part of the demonstration, being assaulted from behind and pushed to the ground by baton-wielding police.

Sean Rigg – still no answers?

Sean Rigg, 1968 - 2008

As I have pointed out before despite over 1,000 people dying in police custody or due to police action since the late 1960s if the police officer who the DPP recently said had assaulted Ian Tomlinson was charged with manslaughter it would have been the first time this has ever happened in Britain. Ask yourself the simple question - what is the statistical possibility that these over 1,000 human beings who died in police custody or as a result of police action were all killed lawfully? They include Blair Peach killed (according to the police’s own investigation) by a TSG member at an anti-racism demonstration in 1979, Jean Charles de Menezes shot with 3 bullets in the brain 5 years ago, Sean Rigg and Joy Gardiner who died in police stations and Harry Stanley, 46, from Hackney, East London, was shot in the head and the hand by the Met officers in 1999 carrying a chair leg in a plastic bag which the two officers thought was a sawn-off shot gun.

The family of Sean Rigg who died in custody in Brixton Police, London on the 21st August 2008 are still looking for answers and accountability from the Police who we pay from our taxes to protect us, not to kill us. I reprint in full the invitation from the United Campaign against Police Violence (join them on Facebook) to a vigil to commemorate the second anniversary of his death.


Brixton Police Station

SEAN RIGG 1968-2008 - Second year memorial vigil and meeting this Saturday
21 August 2010:

Second Year Memorial Vigil Outside Brixton Police Station 5pm

Followed by a Public Meeting 6-8.30pm

The Karibu Education Centre, 7 Gresham Road, Brixton, London SW9 7PH.
(Directly opposite Brixton Police Station on Gresham Road)

On 21 August 2008, our brother Sean Rigg was arrested by police, “restrained” and transported to Brixton police station in the back of a van. He was removed from the van in a collapsed state and died a short while after whilst in the station yard. He never entered the custody suite door.

The events leading to his death raise suspicion and concern. Although a mental health service user, Sean was fit and healthy with no illicit drugs or alcohol found in his body at the time of his death. The Independent Police Complaints Commission's (IPCC) report completed in February 2010 is, in the family’s opinion, “Heavily biased in favour of the police”, despite the obvious suspicious circumstances surrounding Sean’s death. A catalogue of errors in the investigation has caused the family to lose faith in the British judicial process following a DEATH IN CUSTODY.

For two years the family have vigorously enquired and campaigned in an attempt to find out the truth of what really happened on the night. Currently the family’s legal team are preparing for the inquest, scheduled for 2012.

Justice and Change will be hosting an open floor discussion where they and other families will talk about their experiences of injustice. The family campaigns include Christopher Alder, Brian Douglas, Roger Sylvester, Ian Tomlinson, Blair Peach and Jean Charles de Menezes amongst others, who have lost loved one’s in police custody – all have lost faith in the British Judicial System. What has really changed in the last 30 years?

Come listen and discuss your views about the controversial topic of DEATHS IN CUSTODY and the lack of accountability.

Other supportive death in custody campaign organisations, such as INQUEST, Newham Monitoring Project (NMP), Black Mental Health UK (BMH UK) and United Campaign Against Police Violence (UCAPV), will speak about the current issues and explore what can be done do to bring about awareness and change.



Family solicitor Anna Mazzola said: “It is now two years since Sean died and his family are no closer to getting answers to fundamental questions such as: why didn’t the police and NHS Trust respond to pleas for help from Sean’s mental health hospital? What happened to Sean in those crucial minutes between him being arrested and arriving in a collapsed state at Brixton police station? Why haven’t they been able to access key CCTV footage from the night? It is devastating for the family that they should have to wait until 2012 for a full inquest and deeply worrying that until that time the policies and failings which led to Sean’s death will remain unremedied.”

Deborah Coles of Inquest said: “Sean’s family’s disquiet about the lack of impartiality and independence of the investigation process and the serious delay in holding an inquest have once again resulted in a lack of confidence in the investigation mechanisms following deaths involving the police. The recent decision not to prosecute anyone in relation to the death of Ian Tomlinson follows a litany of cases where the police have not been held to account for unlawful use of force and further anger and mistrust about how the state responds to such deaths.


Sean Rigg's family

“Sean Rigg was another black man who has died after being restrained by police officers. INQUEST’s monitoring of deaths in custody following police contact has highlighted how a disproportionate number of people from black and minority ethnic communities have died following the use of force. INQUEST will continue to work with his family and raise the serious issues his death raises at a parliamentary and policy level. There must be non means tested public funding for the family to be represented at the inquest in the same way that police lawyers will be paid for out of the public purse and the inquest must be held as promptly as possible given the serious family and public interest in scrutinising the events leading to the tragic death of a vulnerable man.”

Patrick Ward of United Campaign Against Police Violence, said: “The treatment of the family of Sean Rigg smacks of a justice system chasing its tail to cover up a scandal. Now the family are told to wait for the inquest in 2012, when no doubt the judicial system will seek other ways of proving its 'innocence'. We must unite at events like this to coordinate our continued campaign for justice for all those who have died at the hands of those who claim to protect us.”



The Campaign will also be hosting a private screening of the film “SUS” - a true and chilling account of one man's brush with the police in 1979 - written by Barrie Keefe who also wrote “The Long Good Friday”. Unfortunately due to limited seating, this will be by invitation only. However, SUS will be out on DVD 6 September. See the film’s website for upcoming screenings

www.susthemovie.com

Family Solicitor: Anna Mazzola, Hickman and Rose - amazzola@hickmanandrose.co.uk

See also;

Remember Sean Rigg

http://daithaic.blogspot.com/2009/08/remember-sean-rigg.html

Death of Ian Tomlinson

http://daithaic.blogspot.com/2010/07/ian-tomlinson.html

A death in London – Jean Charles de Menezes

http://daithaic.blogspot.com/2008/09/death-in-london.html

For more on Policing and Civil Liberties issues see “Plod Blogs” in my Blog sidebar.

Death of Ian Tomlinson

Ian Tomlinson being treated by Paramedics - Scotland Yard wrongly claimed on their website that police were pelted with rocks and glass as he was being treated - They later took down the claim

There is outrage in the UK that yet again there is one law for the public and another law for the police. An official decision to bring no charges against the policeman who struck Ian Tomlinson minutes before he died at the G20 protests came under intense scrutiny as it emerged that the Independent Police Complaints Commission had backed a prosecution for manslaughter.

Yesterday on the 22nd July, on the fifth anniversary of the shooting of Jean Charles de Menezes at Stockwell Tube station, the Crown Prosecution Service (CPS) presented their report into the death of Ian Tomlinson, the newspaper seller killed in the City of London as he tried to make his way home past the police during the G20 protests on 1 April 2009.

Ian Tomlinson (1961/62 – 1 April 2009) was a British newspaper vendor who died in the City of London, London's financial district, during the 2009 G-20 London summit protests on his way home from work. A first post-mortem indicated that he had suffered a heart attack because of coronary artery disease, and had died of natural causes.


Ian Tomlinson walking past the police before he was struck

His death became controversial a week later when The Guardian Newspaper obtained video footage, taken by an investment fund manager from New York, showing that Tomlinson, who was not a protester, had been struck on the leg from behind by a police officer wielding a baton, then pushed to the ground by the same officer. The footage showed no provocation on Tomlinson's part, who at the time was walking along with his hands in his pockets. 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.

Let us now pause and toy with a remarkable statistic. Despite over 1,000 people dying in police custody or due to police action since the late 1960s if the police officer who the DPP said had assaulted Ian Tomlinson was charged with manslaughter it would have been the first time this has ever happened in Britain. Ask yourself the simple question - what is the statistical possibility that these over 1,000 human beings who died in police custody or as a result of police action were all killed lawfully? They include Blair Peach killed (according to the police’s own investigation) by a TSG member at an anti-racism demonstration in 1979, Jean Charles de Menezes shot with 3 bullets in the brain 5 years ago, Sean Rigg and Joy Gardiner who died in police stations and Harry Stanley, 46, from Hackney, east London, was shot in the head and the hand by the Met officers in 1999 carrying a chair leg in a plastic bag which the two officers thought was a sawn-off shot gun.


Ian Tomlinson being helped by a member of the public just after he was assaulted by PC Simon Harwood circled in the background. Police initially claimed they went to his assistance when he became ill and they had no previous contact with him

Keir Starmer, the director of public prosecutions, acknowledged there was evidence that the officer, named as PC Simon Harwood, assaulted Tomlinson minutes before he died. But he said there was no realistic prospect of conviction because of "sharp disagreements" between pathologists. He said the police officer captured on film striking Ian Tomlinson during the G20 protests in London will not face criminal charges over his death because of conflicting opinions about the cause of death. Dr Freddy Patel conducted the first post-mortem on Mr Tomlinson's body and ruled he had died of a heart attack. That was contradicted by two subsequent post-mortems, which both found that the 47-year-old died of internal bleeding caused by a blow to the abdomen.

The Crown Prosecution Service (CPS) also said it could not bring an assault charge because such a charge must be brought within six months, and it had taken 11 months to reach a decision. A charge of misconduct in public office was also considered, but rejected. But a direct challenge to the CPS also emerged tonight from Dr Nat Cary, the second forensic pathologist who examined Tomlinson's body. He told the Guardian prosecutors made a factual error in dismissing a charge of actual bodily harm. He said his report contained clear evidence that Tomlinson suffered injuries sufficient to support a charge of ABH. But the CPS dismissed the injuries as "relatively minor" and thus not enough to support a charge of ABH in its written reasons given to the family.

Cary, speaking for the first time about the case, told the Guardian: "I'm quite happy to challenge that. No the injuries were not relatively minor. It is a flawed approach. He sustained quite a large area of bruising. Such injuries are consistent with a baton strike, which could amount to ABH. It's extraordinary. If that's not ABH I would like to know what is."

The CPS said Patel's findings would provide a jury with enough reasonable doubt that the attack by the officer contributed to the death, and as a result they would acquit. By coincidence Patel today faced a disciplinary hearing at the General Medical Council for allegedly conducting four other autopsies incompetently. He could be struck off and the Home Office has suspended him from its approved list.

See details in the Daily Telegaph

http://www.telegraph.co.uk/finance/financetopics/g20-summit/7904804/G20-riots-profile-of-Dr-Freddy-Patel.html


A police cordon during the G20 summit protests. Thousands of protesters had been "kettled" by cordons as Tomlinson was trying to make his way home.

But another entirely strange aspect of this tragic case emerged today. Pc Simon Harwood, 43, retired from the Met a decade ago on ill health grounds while facing a misconduct hearing for an alleged road rage incident. The officer was working for the Met during the 1990s when he was accused of a road rage incident while off duty, but retired on health grounds. He then rejoined the force as a civilian computer worker, before moving to Surrey Police as a Pc after passing a medical and vetting process, during which it is understood that he made a full disclosure of his background. He moved back to the Met in November 2004 and later given a place in the force's controversial Territorial Support Group (TSG) unit. The TSG are referred to by other police officers by their nickname “The Filth” as they have a fearsome reputation as “hardmen” even within the police service and officers who have “aggression issues” are often taken off front line policing and assigned to the TSG. One commentator asked why PC Harwood was facilitated in rejoining the service, a very good question which deserves a very good answer. Was he a brother Mason, perhaps?

Let us think how it would have happened if it was the other way around? If a police officer had been assaulted by a protestor and died minutes later. Would there have been “mistakes” in collecting evidence which meant charges were time expired? Would they have waited 16 months to decide not to prosecute? The police are paid from our taxes to protect us not to kill us. They must operate with our consent and within the Law and they must be held accountable.

The DPP decision in the Ian Tomlinson case is a whitewash which destroys confidence in the police and in the Rule of Law. No matter how much the Police talk about a new era of policing and enshrining the right to protest, the establishment has once again have allowed police officers to kill an innocent man.


The Guardian obtained this footage of Ian Tomlinson at a G20 protest in London shortly before he died. It shows Tomlinson, who was not part of the demonstration, being assaulted from behind and pushed to the ground by baton-wielding police.

See also;

Jean Charles de Menezes

http://daithaic.blogspot.com/2008/09/death-in-london.html

Remember Sean Rigg

http://daithaic.blogspot.com/2009/08/remember-sean-rigg.html

Ian Tomlinson on Wikipedia

For an update (May 2011) on the Ian Tomlinson case see;

http://daithaic.blogspot.com/2011/05/any-justice-still-for-ian-tomlinson.html

http://en.wikipedia.org/wiki/Death_of_Ian_Tomlinson

Vigil for Ian Tomlinson

http://daithaic.blogspot.com/2009/11/tuesday-candlelight-vigil-to-remember.html

TUESDAY: Candlelight vigil to remember Ian Tomlinson

Ian Tomlinson walking past the police before he was struck

There will be a Candlelight vigil to remember Ian Tomlinson at Royal Exchange by Threadneedle Street, London, EC3V 3LL on Tuesday 1st December 6pm - 7.15pm.

The United Campaign against Police Violence would like to encourage all our supporters to come along to this vigil for Ian Tomlinson on Tuesday. It has been called by the Ian Tomlinson Family Campaign. It is important that we keep Ian’s memory alive and continue the fight for justice, I hope as many people can come as possible.

Speakers include:

Ian’s family

Samantha Rigg David - Sean Rigg Justice & Change Campaign

Deborah Coles – INQUEST

John McDonnell MP


A still from the Guardian video shows Tomlinson in the moment before he was struck, with an officer behind him holding a baton

The Ian Tomlinson Family Campaign said: "Ian died in tragic circumstances, an 'innocent passerby' trying to get home, after a police assault at the G20 protests on April 1st 2009. Eight months on, our family are preparing for our first Christmas without him and still waiting for justice. "We have been grateful for public support this year and would like an opportunity to hold this public memorial gathering to remember Ian, with our friends and supporters around us. We ask that those who attend please wear black as a mark of respect and remember that this is peaceful event. "


Ian Tomlinson remonstrates with police after being pushed to the ground, minutes before he died.

PLEASE LET US KNOW IF YOU ARE COMING so we can estimate numbers and please send messages of support - a number of these will be read out at the vigil.

"RSVP to iantomlinsonfamilycampaign@gmail.com"

Background;

Ian Tomlinson (1961/62 – 1 April 2009) was a British newspaper vendor who died in the City of London, London's financial district, during the 2009 G-20 London summit protests on his way home from work. A first post-mortem indicated that he had suffered a heart attack because of coronary artery disease, and had died of natural causes.

His death became controversial a week later when The Guardian obtained video footage, taken by an investment fund manager from New York, showing that Tomlinson, who was not a protester, had been struck on the leg from behind by a police officer wielding a baton, then pushed to the ground by the same officer. The footage showed no provocation on Tomlinson's part, who at the time was walking along with his hands in his pockets.


Ian Tomlinson being treated by Paramedics - Scotland Yard wrongly claimed on their website that police were pelted with rocks and glass as he was being treated - The later took down the claim

After The Guardian published the video, the Independent Police Complaints Commission (IPCC) began a criminal inquiry from which the police were removed. A second post-mortem, ordered by the IPCC and Tomlinson's family, indicated that Tomlinson had died from an abdominal haemorrhage, the cause of which remains unknown. The officer in question has been interviewed on suspicion of manslaughter. A third post-mortem was conducted at the request of his defence team, the results of which have not been released.

The incident has sparked debate in the UK about what appears to be a deteriorating relationship between the police and the public, about the extent to which the IPCC is truly independent of the police, and about the role of citizens in monitoring police and government activity.

See also;

Jean Charles de Menezes

http://daithaic.blogspot.com/2008/09/death-in-london.html

Remember Sean Rigg

http://daithaic.blogspot.com/2009/08/remember-sean-rigg.html

Ian Tomlinson on Wikipedia

http://en.wikipedia.org/wiki/Death_of_Ian_Tomlinson


A police cordon during the G20 summit protests. Thousands of protesters had been "kettled" by cordons as Tomlinson was trying to make his way home.