British cops to be sued AFTER their innocent victim dies


A judge has allowed a critically ill cancer victim to sue police for wrongful arrest – even though he will probably be dead by the time the case gets to court.

Keith Johnson has already given his evidence and undergone cross-examination so the trial can go ahead even after he passes away.

The father-of-four, who was given two weeks to live by doctors, alleges he suffered a nightmare 14-hour ordeal after a caravan he bought turned out to be stolen.

And in what is believed to be a legal first, District Judge Phillip Mackenzie granted his dying wish for justice by ruling he could give his evidence now, so it may be heard from beyond the grave.

The trial is listed for December, but Mr Johnson, 49, is already defying his two-week prognosis which he received in July.

He is seeking aggravated and exemplary damages for wrongful arrest and unlawful imprisonment after police handcuffed him and carted him off to a police station. He suffered his ordeal despite showing officers a receipt which proved he purchased the caravan from a reputable dealer, and calling the salesman.

After he was released without charge, he vowed to sue – but was subsequently diagnosed with bowel cancer. If his case is successful, any compensation will go to his family.

Mr Johnson gave his evidence at Worcester County Court in front of Judge Toby Hooper and was cross-examined by Andrew Waters, barrister for West Mercia Police. The force says it is not yet ready to provide its own witnesses for the trial.

Mr Johnson told The Mail on Sunday: ‘I am so glad that the judges had compassion – this was an awful ordeal the police put me through. I suffer from asthma and was put in a van with no air-conditioning.

‘The cancer hit me out of the blue and I went from 14 st to 7 st 3 lbs, but I wanted to get justice before I died and that may now happen thanks to the judges in the case.’

His wife Elizabeth, 40, added: ‘It’s taken us to hell and back – firstly the police harassment and treatment of Keith on that day, and then the cancer. It’s terrible what they have put us through. It is an absolute nightmare.’

Mr Johnson bought the five-berth Swift Azzura caravan from Malvern Caravans in Powick, Worcestershire, for £1,500. After driving it to his daughter’s house nearby, the family went shopping.

They returned to find officers at the house, who told Mr Johnson they had received a tip-off that the caravan was stolen. The chassis number revealed it had been illegally taken from Birmingham months previously.

Despite showing police the receipt, Mr Johnson was arrested on suspicion of theft and taken to Worcester police station where he was held for eight hours. Officers from West Midlands Police, the force which dealt with the original theft, eventually collected him and drove him to Smethwick police station in their area.

Following a seven-minute interview he was released with no further charge. He then had to pay to get a taxi to take him the 70 miles home. Mr Johnson’s lawyer Nick Turner, of Malvern-based Russell & Co, said: ‘I have never dealt with a case as compelling as this or as unusual. I believe it is unique and certainly has never happened here in Worcestershire.

‘The judge showed great sympathy with Mr Johnson and allowed his evidence to be heard on the basis that it was highly unlikely that he’d still be with us at the time of the trial.

‘It is almost a dying declaration and Mr Johnson is very keen that justice is done. The case was brought forward to this December, but Keith’s got only days to live if the prognosis is correct.

‘When he came to see me and told me the doctors had given him just two weeks to live I knew it would require a judge with real understanding to listen to his evidence in advance.’

Top civil law QC David Lock said: ‘In certain circumstances evidence is often given ahead of a trial but I am unaware of anything as radical as this happening before. It is understandable that police would like enough time to get their case together and the judge is using flexibility so that justice can be served.’

West Mercia Police said: ‘It is not appropriate to comment at this stage of proceedings.’

Original report here



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