Cops convicted of of Wetherspoons attack
A Met Police officer who allegedly clobbered a Wetherspoons drinker over the head with his baton in an ‘unprovoked’ attack claims the display of force was ‘entirely proportionate. ‘
Pc Jack Wood, 26, denies assaulting Jake Smith, 26, who suffered a gaping gash to his skull following the clash on 5 January last year in Romford, Essex.
Pc Wood and colleague Pc Archie Payne, 26, are further accused of striking Mr Smith’s friend Scott Rooney, 26, who alleges he was grabbed by the throat and thrown to the ground.
Mr Rooney, a railway engineer, claims he was the victim of an unprovoked attack after trying to take a picture of Pc Wood and his officer number.
CCTV footage shown to the court captured the moment one Met Police officer strikes Mr Smith to the head and a second grabs Mr Rooney’s throat, pushes him to the wall and lies on top of him.
Mr Smith suffered two wounds to his head, 1.5cm and 1cm in length, as well as 6cm of bruising to his chest wall, the court heard.
Defending Pc Wood, Robert Morris argued Mr Smith and his friend were binge drinking for ten hours and then ‘rugby tackled’ other punters outside the pub.
He told District Judge Nina Tempia there was ‘no case to answer’ and claimed the officer had only acted as legally permitted to stop the bust-up.
Mr Morris said: ‘By the time that Pc Payne and Pc Wood were running towards the group, Mr Smith was on his feet and was aggressively moving towards the group.
‘Not on his back, unable to defend himself.
‘His actions were plainly to rugby tackle an individual who was at some distance.
‘Not content with that, Mr Smith throws himself against a woman who was not involved in either group and who seems to have wandered into the mellee and she is then knocked to the floor.
‘What is plain, is that any reasonable person entering that situation would have reasonable grounds to believe that Mr Smith has committed offences of assault and affray.’
Mr Morris said Pc Wood did not run into the fracas with the baton in hand, instead he took a measured approach and acted proportionately.
He said: ‘If he were simply to sit back and do nothing, he would be criticised.
‘In my submission, Mr Wood entered the affray properly, used force that he was permitted to use and the struggling only stopped when the baton was used.
‘It’s just not true that the first thing that happened is that Mr Wood struck Mr Smith with a baton.’
Both officers sat in the dock of City of London Magistrates’ Court today in a navy blue suit as their trial, which earlier ran over its two-day time slot, resumed today.
Prosecutor Nicola Shannon has told the court there had been an argument between Mr Rooney and another pub punter, prompting two security guards to ask them to leave.
She said they stayed for one more drink but, upon leaving, realised the man they had clashed with was lurking outside with a number of others.
The group was between the pub and the bus stop that Mr Rooney, who lived locally, needed to get to.
So the pair asked Pc Wood and Pc Payne, who were outside the pub on patrol, to escort them to the bus stop past the group, the court heard.
Ms Shannon continued: ‘The officers declined to do so, telling the group if he was their friend it’s not their responsibility to help, and returned to their patrol duties.
‘Mr Rooney was attacked by the group… but shortly after that Pc Wood ran into the scene, came behind Mr Smith raised his baton and inflicted between three to four strikes.’
The prosecutor said while Mr Smith had his back towards the officer ‘Pc Wood appears to go from right to left with the baton held above his head in an overarm motion brings it down towards Mr Smith.’
Pc Payne is seen on the footage making a ‘kicking motion’ at Mr Smith while he was on the ground.
‘The plan was for Mr Smith to take a taxi home with the girls and Mr Rooney, who lived locally, to take the bus.
‘Between that group and the bus stop were those causing trouble inside earlier.’
While PC Payne and a colleague had their body-worn cameras activated, ‘PC Wood did not activate his until later,’ said the prosecutor.
After Mr Smith was treated in an ambulance the officers returned to arrest him for affray, but the charge was later discontinued, the court heard.
District Judge Tempia said she would not accept that ‘there was no case to answer’ and ruled she would have to hear evidence from the two officers.
The judge said: ‘In this case what we have is a police officer who says he was using reasonable force in order to stop the medlee that he says was occurring and that he was justified in what he did.
‘It is very clear in the evidence that I have seen on CCTV and Mr Smith’s own evidence is that he says there were at least two strikes to the back of the head.
‘Therefore I will need to hear evidence from Pc Wood.’
PC Wood, based at Romford Police Station, denies one count of assault occasioning actual bodily harm against Mr Scott and one count of assault by beating against Mr Rooney.
PC Payne, also based at Romford Police Station, denies one count of common assault against Mr Rooney.
Pc Wood insisted he had no alternative but to draw his baton and said he was aiming for Mr Smith’s shoulder when he hit him on the head.
Describing his initial contact with the punters, Pc Wood said the men asked to be escorted to a taxi stand but were advised by the officers they were assigned to patrol the pub.
Pc Wood told the court: ‘He approached us.
‘I remember him saying “what if my mate has a fight?”
‘I remember him saying if we could walk him to the direction of the cab office.’
Mr Morris asked: ‘Did you do that?’
The officer replied: ‘No. We always explain to people that we can’t travel with people to and from areas.
‘We have to be stationed outside the pub. If there are any altercations we have to deal with it.
‘I remember Mr Smith storming off.’
Pc Wood said that ‘almost instantly’ after Mr Smith ran off he heard a commotion break out at a nearby bus stop.
The officer said: ‘There was lots of shouting, it sounded like a fight was kicking off in that direction, it looked like ten plus people and I almost instantly started running towards that direction.
‘They were fighting each other.
‘I was quite intimidated running towards them.
‘Mr Smith rugby tackled the first person in front of me. He was taken out with such force he almost bent backwards.
‘It increased my risk assessment as I was running towards him.
‘I am trained to stop those situations so my role is to prevent any more assaults or crime from happening.
‘I’m still running and before I reach them Mr Smith is already rugby tackling a second person.’
Mr Morris asked: ‘When Mr Smith gave evidence he said he must have tripped, what is your assessment of that?’
The officer said Mr Smith was upright and ramming into people not on the floor after having ‘tripped’.
He said: ‘I saw him rugby tackle the first person and almost instantly looking for the second person to rugby tackle.
‘He was the most aggressive person of that group.
‘The whole time I’m shouting please stop. I took hold of him with both hands at one point. It was clear I was unable to stop him just using my hands.
‘At this point I decided that the only thing that was possible was for me to get my baton.’
The officer told the court he aimed for Mr Smith’s shoulder once and did not know where the injuries to the head had come from.
He said: ‘I can only remember striking Mr Smith once and making contact with his left shoulder area.
‘I was still shouting stop at this point. I was aiming for Mr Smith’s left shoulder.’
Mr Morris asked: ‘We have seen pictures that Mr Smith sustained a laceration to the back of the head.’
The officer replied: ‘I’ve never seens me make contact with his head and I’ve never seen the injury thereafter.’
Mr Morris asked: ‘How did you feel?;
Pc Wood said: ‘I was scared and I was acting in the best way that I could. I had ten people around me. I didn’t know who was with who. It was quite an intimidating situation to be in.’
Mr Morris asked: ‘Where were your colleagues?’
Pc Wood replied: ‘I didn’t know where they were, I knew they would be coming to assist at some point.
Cross-examining Pc Wood, Nicola Shannon accused the officer of using the batton like a ‘toy’
She added: ‘Without having seen any indication of weapons.. you chose to arm yourself and inflict violence upon him and I suggest that could not be necessary and proportionate.
‘You would have known that head injuries to the head can cause death or catastrophic injury.’
Pc Wood replied: ‘From my point of view I tried to stop him verbally. I tried everything necessary.. and at that point I struck him with my baton and he stopped.
‘I knew that I struck Mr Smith. I didn’t know I hit him on the head.’
The prosecutor said: ‘You accept now that there were two strikes.’
The officer replied: ‘Yes from the CCTV now I see but I only remember one.’
PC Wood, based at Romford Police Station, denies one count of assault occasioning actual bodily harm against Mr Scott and one count of assault by beating against Mr Rooney.
PC Payne, also based at Romford Police Station, denies one count of common assault against Mr Rooney.
Pc Wood now faces the end of his career after he was conviced of assault with former police officer Payne.
District Judge Tempia said: ‘Pc Wood did not use reasonable force in the circumstances and I convict him of actual bodily harm.’
The judge said Pc Wood had smashed Mr Smith twice on the head – despite the officer claiming he aimed for the shoulder.
The judge continued: ‘I find all the civilian witnesses credible.
‘It’s very clear to me that Mr Rooney was acting reasonably and calmly when he was asking for Pc Wood’s number, he had his arms behind his back.
‘I also find that Mr Rooney did not have Mr Payne in a headlock.
Looking over at Pc Wood the judge said: ‘He didn’t have to punch Mr Rooney at all as that is one of my findings.’
‘I do not believe he used lawful and reasonable force to assist Mr Payne.’
Pc Wood, based at Romford Police Station, was convicted one count of assault occasioning actual bodily harm against Mr Scott and one count of assault by beating against Mr Rooney.
He will next be sentenced on 3 June at Westminster Magistrates’ Court.
Pc Payne, formerly based at Romford Police Station, was convicted of one count of common assault against Mr Rooney.
He was ordered to pay a total of £1,632 in compensation and court costs.
Ends.
