Policeman struck out, he thought he was about to be tango’d!

Posted: March 23, 2010 in Broken Britain, Law & Disorder

A policeman struck a G20 protester twice with a baton after mistaking a carton of orange juice in her hand for a weapon.

IlieMetropolitan Police sergeant Delroy Smellie, 47, said he hit Nicole Fisher, 36, because she posed a threat during the protests on 2 April last year.

The officer went on trial on Monday accused of common assault by beating against the animal rights activist. Video footage shown in court revealed he pushed and struck Ms Fisher.

Prosecutor Nick Paul said when she remonstrated with Sgt Smellie, shouting that he had hit a woman, he pulled out his baton, known as an asp, and hit her twice on the leg.

The prosecutor said it was these final two blows that were at the centre of the case – as prosecutors accepted his earlier actions were reasonable and therefore lawful.

The prosecutor said Ms Fisher may have been irritating, vocal and provocative, but Sgt Smellie’s actions could not be justified. Mr Paul said Sgt Smellie pulled out his baton after noticing Ms Fisher holding an object in either hand.

He said: “She had weapons in her hand and he perceived her as a threat. “The level of force used was a pre-emptive strike and was used to protect himself and his officers. It was under common law and proportionate.”

Ms Fisher had in fact been carrying an open carton or orange juice, which sprayed over Sgt Smellie when he hit her, and a camera.

The court head Ms Fisher, of Brighton, was depressed and “unwilling” to attend proceedings over fears the defence would focus on her lifestyle and background. District Judge Daphne Wickham ruled her statement to independent investigators could not be admitted in evidence, but turned down an application by the defence to throw out the case.

The trial went ahead without her. The case is continuing.

Talking about police officers up in court

A former Penzance special constable chased his ex-partner in a police riot van.

Ryan Neil Harvey, aged 30, was found guilty of harassment when he appeared at Plymouth Magistrates Court on Friday last week. Over a three-week period in September last year, Harvey bombarded his former partner with unwanted phone calls and text messages and followed her in his car.

Late on September 27, while on duty and in full uniform, he aggressively chased her on the A30 towards Newlyn in a police riot van. He pulled her over unnecessarily for an alleged offence of driving while using a mobile phone and threatened to issue her with a fixed penalty ticket. He then followed her at speed with his headlights off as she drove to a friend’s house, blocked her car in with the riot van and threatened to slash his wrists while pacing around her car.

Harvey resigned from his role as a special constable in January.

He was given a two-year community order by Plymouth magistrates, told to carry out 180 hours of unpaid work and ordered to pay £85 court costs.

A restraining order was also issued to prevent Harvey making contact with his ex-girlfriend.

Here’s another!

A suspended Surrey Police constable has appeared in court charged with stealing police uniforms and planning a robbery of a jewellery store in Oxted.

PC Dustin Hunter, 29, of Budgen Close, Crawley, West Sussex, was arrested on Saturday morning at Clacket Lane service station on the M25.

He appeared at Woking Magistrates’ Court on Monday morning charged with being involved in a plot to rob Decorus jewellers in Station Road East, Oxted.

PC Hunter was also charged stealing two police hats, two reflective jackets, a badge and two polo shirts belonging to Surrey Police, and items of Royal Mail uniform.

The defendant did not enter a plea and was remanded in custody. He will next appear at Winchester Crown Court in June.

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