Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Wednesday, 31 March 2010

Sgt Smellie and ex-Commander Dizaei


So today has been an interesting news day for the Police.

In one article, we see that ex-Commander Dizaei has now been fired by the met.
Good riddance, and it's nice to see that we've finally rid ourselves of him.
Incidentally, the Met stopped paying him as soon as he was convicted - so at least he hasn't been adding to his nest egg whilst in prison.

Also, a verdict (and hopefully some closure at last) for Sgt Smellie.

When this News Story came out, I was uncharacteristically silent about the matter.
This was partly because I was actually at the G20 and so couldn't pretend to be objective so close to the incident. It is also because I know some of the people involved in this investigation.

My opinion now (for what it's worth) is that the courts made the right decision.
The video of Sgt Smellie striking Ms Fisher is uncomfortable viewing, and is not pleasant to watch at all.
Unfortunately, many actions within a public order environment are not pretty. Our sensibilities are understandably designed so that a woman being struck is not something we want to see.
But British law provides for the person using force NOT to be omnipresent, and NOT necessarily to be able to judge all of the facts in the cold light of day. Sgt Smellie was in the middle of a very long tour of duty (I did something like seventeen or eighteen hours on both days), surrounded by a shouting mob, jostled, objects being thrown, and attempting to protect the officers behind him who had their backs turned - and were dealing with something else and so unable to assist or defend themselves.

The thing that struck me throughout the video was how calm the Sergeant is - he does not look to me like a man panicking and unable to make reasoned thought. He looks like an officer in a pile of shit who calmly uses approved officer safety methods to build distance and space and to prevent either an aggressor or potential aggressor from attacking him. His serial are behind him and afterwards he goes back to staying at the back of his serial - Sergeants are trained during public order training to do exactly that, and to make judgement calls about whether to split or even turn the serial to deal with threats. He made the judgement call to protect his serial and allow them to continue to Police.

Have I ever hit a woman with a back hander? No. Have I struck a woman in other ways? Yes, absolutely.
Although we deal with hundreds (thousands?) of peaceful protests in the Met, we also deal with numerous public order incidents of varying description. Sometimes officers have to use force - and they should only be judged (as law states) by the information available to them and the situation they were in at the time.


EDIT - for my views on the G20, written after my policing experience there, see HERE

Monday, 8 February 2010

Commander Dizaei



A crook in uniform is as much a crook as one that breaks into your house late at night to nick your tv, if not more so.






Commander Dizaei has at last been found guilty, for Assault, Perverting the Course of Justice, and Wrongful arrest.
He's a shameful example of how appallingly a small minority of officers behave - and a reminder that rank doesn't always equate to a good person, let alone a good copper.

The Black Police Association were hugely verbal throughout, stating that Dizaei was innocent, and accusing the Police of racism for charging soon to be ex-Commander Dizaei.
This despite the victim also being from an ethnic minority.

Disgraceful behaviour on his part. When you "accidently" delete the texts that apparently were sent to you, and are believed by doctors to have self harmed in order to set someone up... I'm just glad that he no longer wears the uniform that I do.

As a final aside, listen to his 999 call, HERE

Again, embarassing. Firstly, his shout for 'Urgent Assistance.' This is a Golden phrase, and when used EVERY copper on duty will run - firstly from your area and neighbouring areas, then central units, then potentially met wide. If a Police Officer is in dire straits and is about to get seriously hurt, we will do anything including putting ourselves at risk to get to you.

He used this assistance call for his own lies - and listening to the tape, even if the arrest had been justified and truthful, there is no way that he is in an urgent assistance situation. He is calmly talking to the detained male (who was by the way in handcuffs) and frankly I'd be hard pushed to understand a brand new probationer calling for urgent assistance in those circs, let alone a supposedly experienced officer.

He also used bullying tactics and ordered the operator to let him speak to "Chief Inspector IR" - Chief Inspector Information Room. Whether he thought this implicit threat would help, or that he was entitled to special service because of his rank, who knows... I'm sure that if I called 999 and demanded to speak to Chief Inspector IR I'd be given deservedly short shrift.

And lets not even get into the hows and whys of him being in uniform, off duty, in a cafe, conducting private business deals, with handcuffs to hand.
Actually, why hasn't this been dealt with?

Tuesday, 4 November 2008

Rememberance Day


I was going to post this the day before Rememberance Sunday, however events have forced my hand a little.





Just over a year ago I was on patrol in a relatively low crime area in my divison - low crime in comparison to the rest of the borough anyway. Those living in the Ivory Towers would still be shocked by the sheer brazenness of the criminality that goes on in the area.

Whilst driving around late at night, I turned the lights out as I went down a side street which bordered a local park. The park was part of a church; although there had been no reported crimes there (so hence completely unworthy of our attention), I had talked to the Priest and discovered he was getting more and more trouble from drinkers and drug takers hanging around there.

He had also been suffering minor criminal damage to the church, and had drinks thrown at him when he had asked them to leave. Of course, none of this had been reported. When I asked why, he shrugged and held out his hands: "My daughter is in the Police and my son in the Army - I know how short you are, I wouldn't like the idea that I would be taking Police Officers away from tackling REAL crimes and more deserving victims."

This is the kind of attitude often displayed by those who both need and deserve our help most, and it is tragic that whilst the Priest (and many elderly people especially) suffer in silence so as not to bother us, the local oiks get yet another Police car, yet another CID officer, yet another pointless arrest, yet another intervention from outside agencies... for a threats by text from an ex. Again.

Anyway. Deep breath. Back to the story.

On this occasion, as I went lights out on the car, I saw the sillouhettes of two figures, crawling over the side gate that led into the churchyard park.

I was still some distance away, so coasted down towards them, slowing down and coming to a stop using my handbrake in order to keep the brake lights off.
As I stepped out of the car, they were well inside the park, so my operator trotted around to the main gate to prevent their escape.

Which left me with the mission of climnbing over the gate, wearing twelve pounds of body armour and a utility belt - whilst also trying to remain silent.
It's as surprising to me as to you that I managed it relatively well.

I spotted the two figures straight away, hunched over a wall. They were so busy talking that they didn't even notice me until I had a hand gripped into their hoods on their tops, and had started to twist hard to keep hold.

What I had seen had convinced me that they would not be leaving the park without a new pair of shiny bracelets.

In the darkeness, lit by distant street lights, the moon and a Nokia mobile phone, it was immediately clear what they had been doing. Crouched in front of a war memorial, a can of spray paint at their feet - and a giant swastika still dripping wet over the headstone.

I've arrested a huge amount of nasty people, but rarely has the temptation been so great to show them the error of their ways myself. I managed to resist though, and instead opted for icy calm.
One of them tried to pull away, and his look of sullen insolence changed to something like panic as I held on - I think he realised he was going nowhere.

I was joined by my partner, who quickly realised the situation and assisted by taking one of the two fifteen year olds.

I then made a quick decision - the paint was still wet, and if wiped at now might well be removeable. However, that would remove all evidence of the offence, and there was no way these two were not being arrested.

After a quick conflab with my oppo, the two suspects were cuffed hand to hand, round a tree so they couldn't leave. A quick dash to the car, and luckily there was a camera in the boot. After a very quick bout of photography, I explained to the lads what happened next: "Right, just so we're clear here. You ARE getting arrested. Right now I am going to attempt to clean this paint off. I've got absolutely no power to make you clean it, but if you do it will go in my notes and be read WHEN you go to court. If not, I will describe exactly how you refused to help and instead watched as we cleaned it."

Funnly enough, both offered to help.
One asked about cleaning cloths; by this point my oppo had found a bucket of water from somewhere in the church yard. I looked at the youths in their Kappa hoodies. "It's a warm night, isn't it boys...?"

Later, in custody, a senior officer questioned my decision to arrest two juveniles for minor criminal damage that they had attempted to clean up. I was about to blow a fuse, when my oppo tactfully asked the Supernintendo if he knew the circumstances; once explained, to be fair the Super was on our side.
"These two are getting charged. Understand? They ARE getting charged."

Coppers don't look lightly on situations like this.
You'll be pleased to know, neither did the Judiciary.

The church has now paid a huge amount (destined for the upkeep there) to help secure the graveyard. The Priest still doesn't report incidents when he kicks people out, but most importantly the families of the men named in the memorial never found out about the damage caused.


This post was posted earlier than expected, due to THIS news story.
I wasn't aware of it, until someone emailed me to tell me about it - no idea if he wants to have his name plastered about, so I'll just say thanks to TF for it.

I can only hope that when the buggers are caught for it, the same attitude displayed by the Police, CPS and Judicary in my case is shown in theirs as well.

To the copper/s that hopefully arrest these lowlifes, a genuine offer from me - a bottle of bubbly if I ever find out who you are.

Saturday, 13 September 2008

He's NOT Judge Judy


A quick post, on the Judciary. This has been inspired by a post on a blog I have recently discovered, and more specifically the comments within.


I have no fear of arguing with Magistrates or any part of the legal system whilst blogging - but I do think that most magistrates still do care.

The problem is the system is not designed for caring.
The CPS often are the reason that Magistrates end up making bad decisions (just as members of public for coppers). In both cases we depend on them and a score of other people to feed us the correct information. Often that doesn't happen.

All too often CPS do not offer the case to court at all. All too often when they do, it is either as a lower charge than it should be, or just badly prosecuted. CPS prosecutors are often inexperienced and in fact some are not qualified as lawyers - in a way they represent the worst of both worlds, and I do have some sympathy with them (sometimes).
Their job is to represent victims and the police despite having no real world experience of either on a meaningful basis, no street experience. They are also supposed to be a link to the legal process and judiciary, despite often being unqualified and regularly inexperienced in that field.

Not exactly a win-win situation is it?


On top of that, they get judged on PERCENTAGE of cases won, rather than amount of cases won. So often, they simply won't fight them.

One of the many knock on effects of this (apart from offenders getting clean away, victims and witnesses feeling let down and Police Officers losing their rag) is that the Judiciary don't see the "characters" that have been arrested with the regularity that they should.

Often I hear complaints that they are out of touch - and yes, some are. Most have come from different backgrounds to the average suspect and victim that I deal with, and this can be an issue. But the way for them to even have a chance of staying "in touch" is by being presented with the suspects, the crimes, and the victims and witnesses on a regular basis, seeing the little buggers in front of them again and again, and being able to take direct action against the people they personally see as repeat offenders.

CPS do their best to make sure this does not happen - as do Penalty Notices for Disorder and Cautions.

This is before we even get to the minefield of sentencing guidelines...

Yes, some Judges are beyond out of touch. Yes, some create bizarre decisions that the vast majority of people struggle to comprehend. Our legal system is not perfect; most Police bloggers show that our part alone needs a lot of help.
But I think that sometimes, it's too easy to blame the person sitting on the top of the tree rather than the person who grew it in the first place.

Friday, 13 June 2008

Criminal Protection Service









I am so angry that I am struggling to write clearly. I recently received a result from the court, for a case that we were waiting to give evidence in at Crown Court.

The case was one where there had been a large scale public order in the High Street. Three people had been abused, then the same three (entirely innocent) people assaulted, by one very horrible person.
Police had arrived and quickly arrested the person, who had whilst waiting for the Police to arrive called as many mates as possible.

CCTV control room had been watching, and luckily called urgent assistance on behalf of the officers who were struggling to control their detainee whilst keep an eye on the growing crowd.

As always, everyone was miles away, but by luck I was one of the first units to arrive. By that point about two hundred people were gathered, and suffice to say they were not making it easy for us. I attempted to help contain the original prisoner whilst other officers tried to control the crowd - whilst doing so, I was assualted seriously and methodically by the detainee and other people as were two other officers. I can't tell you the exact details, but we were assaulted in a series of interesting and unusual ways, resulting in bruising AND bleeding.

I also got a mouth and face full of saliva for my troubles.

Straight to hospital for me at the time, and the other officers.
Life-long physical scars for me on my chest and arms.

Detainee charged with Assault Occasioning Actual Bodily Harm x3, common assault x2, Section 4 public order act and affray.

I was actually looking forward to court, I wanted the jurors to hear my long and very detailed statement, and the other officer's evidence, and see the CCTV of both the incident and the later goings on in custody.

Instead, I got an email "You are de-warned for court, the suspect has plead guilty."
Shame, but a good result.

But no... I did some digging recently. The CPS, ever mindful of their figures and desperate to avoid a costly trial (which always has a chance of failing) instead plea-bargained the suspect to take a guilty plea for common assault and public order.
No prison sentence, and a fine of less than £500.

I know I've felt let down before with court cases, and frustrated by the CPS. But this is a new low for me. With eight Police officer witnesses, three independant witnesses, clear and accurate CCTV evidence of the whole incident from two cameras, CCTV in custody of continued fighting, and medical statements of our injuries plus photos taken and exhibited of the injuries, one would think that it was enough for a trial.

I WANTED my day in court.
Instead I sit here looking at my scars and bubbling over in anger, and frustration. This post is meant as nothing more than a cathartic release for me, and I know I can't acheive anything by it. But really, what is the point? After getting blood and saliva in my eyes and mouth, and physically scarred, seeing my mates getting a kicking and being caused open, bleeding wounds - I have to wonder why on earth we all still go in to work?

I don't even know where to start with this, but if a private prosecution is possible I will be spending my own money to do it, on principle.

It's just beyond depressing that I have to resort to that.

Saturday, 12 January 2008

Drink Drive, Sarge. Sorry.


This is not a funny post; those looking for a funny post should like at my "Skippers and Magic" post - that is also true, but I have been told that it is apparently funny.

This is just good advice.


When I pull you over, after you have left a night club at stupid-o-clock in the morning.

When you have stalled the car in front of me, twice, whilst I am parked up at a junction filling out some paperwork.

When your lights remain stubbornly off in the middle of the night, despite other cars trying to attract your attention.

When it takes me nearly two full minutes of driving behind you with all the warning equipment on to finally attract your attention.

When you try and switch seats with your passenger, and then end up fighting with them as they are not happy to take the grief that is rightfully coming your way...

...I have some advice for you.

When I approach the car, do not call me "Oshcifer" and "Darling" alternately. Neither helps your cause.

When I ask your name, do not start your reply with: "Er... Hang on..."

When you have failed the breath test, do not call the three men in the back of the car out to "sort him out boys!" I may be single crewed, but I am not stupid. CCTV is watching me, and I already have units running to me.

If you are going to do the above - don't put the child locks on. It just cramps your style. Believe me. And your three, big, gangsta wannabes will find it hard to look tough whilst failing to get out of the car.

Do not reply to the custody sergeant's question of "What is your name?" with a vacant look, then "Er..."

If you do end up giving the above reply, do not give a name and birth date that is different from the one that you originally gave me. This WILL end up as yet another charge for you.

Do not offer to "Blow" the Custody Sergeant rather than blow into the station breath machine. He will not find it funny. In fact, he is gay. And obviously so. No matter how short your skirt is, you are not on a winner here.


And finally, and most importantly...

Do NOT flirt outrageously with every male in the Police Station with the intention of being released. Do not stroke the officer's arms with a wink. Do not start to slowly unbutton your top, one by one, as you are waiting to be fingerprinted.

The entertainment for us is very nice, thank you. However, it will not work, you will not be released because of your actions.

More crucially, when you turn up to court in your suit and sensible skirt, with your nice parents in tow, once they (and the whole of the court) have seen the custody CCTV, you will really wish that you had just kept quiet.


Trust me on this.