Thursday, February 02, 2012

Innocent man who rang 999 from back of British police van while being 'roughed up' by officers gets five-figure pay out

No word of any action against the goons

An insurance worker who rang 999 from the back of a police van after officers 'roughed him up' has won £10,000 in damages. Innocent Tomas James was wrongly arrested and bundled into a police van after taking his girlfriend to hospital in Cardiff.

Mr James, 28, dialled 999 to speak to emergency services as he was left handcuffed and locked in the police van. He claimed he was hit with a baton and punched in the head, and had called emergency services for protection from the officers who arrested him.

Mr James, who was prosecuted for an offence of assaulting a police officer and obstruction, has since been awarded a pay out after a court hearing. A court acquitted him on all counts and ruled he had not been lawfully arrested.

A transcript of his 999 call was given to the court - as he asked the emergency service operator for protection from the officers. It read: 'I was arrested but they haven’t told me what for. The police were very heavy handed with me and my friend, we have been roughed up. 'We are parked up somewhere and have been left in the back of the van.'

Mr James launched a civil action after accusing officers of jamming his foot in the door, striking him with a baton and punching him in the head.

He yesterday won more than £10,000 damages from South Wales Police in an out-of-court settlement over his wrongful arrest.

The 999 operator’s report stated: 'Call received from Tomas James states he has been assaulted and thrown into a police van. 'The informant was very calm throughout call and stated himself and his friend were thirsty and concerned at how tight the cuffs were on his friend'.

Mr James had taken his girlfriend to the accident and emergency department at the University Hospital of Wales with a broken foot during a night out in January 2008. At the hospital, Mr James saw another man in police custody who had been arrested in a separate incident. Mr James said he asking the arrested man if he was 'alright' - but said three police officers objected to his questions.

He was then taken into custody himself and bundled into a van, saying he was assaulted during the arrest.

Mr James sued South Wales Police and the case was due to be decided by a jury at the Cardiff Civil Justice Centre. But the police settled out of court at the start of the trial when the force agreed to pay Mr James a 'five-figure sum'. They will also pay his legal costs.

His solicitor Leslie Thomas said: 'We have came to settlement that both parties agree with and this have saved some great deal of public expense.'

Gareth Madge, Director of Legal Services with South Wales Police, said: 'I can confirm the parties have been able to reach a settlement of this civil claim without any admission of liability.

'As a publicly-funded organisation, South Wales Police is always mindful of the cost to public funds and on occasions a settlement on this basis, in accordance with Counsel’s advice, is the most appropriate course of action.'

Original report here




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