FreeEnergy wrote:Any update on this ?
Today I accepted a part 36 offer of monetary compensation in full and final settlement of my claim for the unlawful incident against me in May 2009. It was the eighth offer made by Merseyside Police in the three years since this happened. My claim for the second arrest in Nov 2009, is still ongoing.
To recap:
I was arrested for the first time in my life when eight officers in three vehicles surrounded me, I asked
why and was arrested. The Officers apparently stopping me under Section 60 Stop and Search legislation.
July 2009 - I complained to the Police and IPPC, and then I discovered that there was no actual Section 60 order in place for that day, making the stop illegal as well as unlawful. I informed Police and IPCC of this, the Police cleared the officers of any wrongdoing (surprise, surprise). My complaint was upheld by the IPCC, but no action was taken against any officers.
Nov 2009 - A few days after receiving the letter from IPCC with the news that my complaint had been upheld (a letter that the Police would have also received), I was arrested on my own front garden and my house searched by Officers from the same department (friends on facebook too). Obviously in revenge and in an attempt to strike fear into me.
From that time, I was determined to seek some form of justice. My goal was to receive compensation, to have my DNA, fingerprints and PNC record destroyed, and for the officers to be sacked and an apology.
After much correspondence with the Police, in June 2010 their barristers admitted liability for “false imprisonment and technical assault” but that I had "contributed to the arrest by behaving disorderly". It was blatantly untrue to suggest I'd behaved disorderly, but I believe it was the barrister trying to get out of paying a decent sum of compensation. I was offered £500, of which I rejected.
In May 2011, Sgt Charlie Tennant (the officer who actually arrested me and threatened to kick fuck out of me if I messed with them) was sacked after 23 years as a Police Officer, for stealing items such as Plasma TVs and mobile phones from house raids and selling them on Ebay.
Five other officers from the same department were also sacked for similar offences. A photo that they’d took of themselves fooling around in a suspects home with items belonging to the householder appeared on the front page of the local newspaper. The Police have refused my requests for the names of these officers.
In Dec 2011, the Chief Constable removed my DNA, fingerprints and PNC record from the Police database after I’d written to him stating the reasons why they should be removed.
In May 2012, the Police were notified of an offer from me to settle my claim for an amount of compensation below the level of what I may have recovered if the case were to go to Court. I based this on the case of Thompson v metropolitan police 1997, stating that if the offer was rejected that I would then issue proceedings. No response was received, so proceedings were issued.
However, two further offers of compensation were received from Police, of which I rejected. The Police then made a further “Part 32” offer of an amount nearer to the offer I’d originally made to them, of which I accepted.
The Police wrote:
The Defendant admits
a) that the Claimant was wrongfully arrested on 27 May 2009 by Constable Gibbs.
b) That as a consequence of the said wrongful arrest, thereafter the Claimant was falsely imprisoned.
c) That as a consequence of said wrongful arrest, force was used against the Claimant unlawfully, however the extent to which is not admitted, and to this extent only admits liability to the Claimant, the entitlement to and quantum of damages not being admitted.
Although I’m due to receive compensation, my DNA and fingerprints are destroyed and the main perpetrator was sacked, I’ve still not received an apology, and it’s likely I never will, but hey three out of four ain’t bad.
