‘Raging bull’ cop convicted of assault

A police officer who punched an innocent medical worker in the back of the head after he was wrongly identified as a suspect is facing the end of his career.

Police body-worn footage shows Pc Jonathan Marsh, 34, attacking Rasike Attanayake minutes after he had called up to report a crime.

Mr Attanayake explains he was the one who phoned police, as PC Marsh ignores him and places him in handcuffs.

PC Marsh then tells Mr Attanayaka ‘get on f—ing floor now’ as the audiologist begs ‘please can you not do that’ in Romford, Essex on 13 November 2022.

In the footage released by the Independent Office for Police Conduct (IOPC) PC Marsh shouts ‘get on the f—–g floor’ again and punches Mr Attanayaka to the back of the head.

PC Marsh, and colleague PC Simran Bogle, had been sent to Atlanta Boulevard following reports a drunken man had smashed a notice board outside Mr Attanayake’s audiology practice, HearHear.

The drunk went to the nearby Lidl where he was throwing trolleys through the window and making death threats.

The officers arrived at the scene and they were immediately approached by Mr Attanayake, who informed them that he had called police.

They began to walk in the direction that Mr Attanayake had given them, only for the CCTV operator to say he was the suspect, Westminster Magistrates’ Court heard.

Mr Attanayake was told he would be arrested and was compliant throughout, but he was thrown to the floor.

PC Marsh then punched Mr Attanayake in the back of the head, while kneeling on him, the court heard.

He was placed in the back of a police van while continuing to protest his innocence.

Nine minutes later, the officers were informed that Mr Attanayake was not the suspect.

Less than an hour later he called police to make a formal complaint against the officers.

Mr Attanayake was later taken to hospital where he was treated for a bruised forehead and grazes to his arms and wrists.

Giving evidence Mr Attanayake told the court: ‘I phoned the police and then I went inside doing other things.

‘I said my friend is being attacked by a drunk and disorderly white man.

‘I was the one making the phone call, so I went to the car.

‘There was a female officer and a male officer, so I went to the passenger side.

‘I said I was the one making the phone call for the incident and my friend was getting attacked.

‘I think she (female officer PC Bogle) was not that interested.

‘I was trying to assist and I don’t think she was that interested in what I had to say.

‘He (PC Marsh) was talking to me but he was not listening to what I had to say, no offence but he was like a raging bull.

‘I said he was a few yards away because it was the same road.

‘I was directing them over there, there is a man attacking my friend.

‘Officer Marsh put handcuffs on me, I cannot remember which hand because he was twisting it in a funny way.

‘I was talking to the female officer, I was even trying to show her my phone to show her the call logs.

‘I can remember the officer saying: ‘stop resisting me, stop resisting me.’

‘I could not feel my wrist, I was in agony, instead of helping, he was having fun, he was twisting it, it was unbelievable.

‘He put the cuffs on and while the cuffs were on, I was still having a conversation with the female colleague.

‘He struck me with his knees and then hit me on the floor.

‘It was so sudden, I was just shocked, I did not know what was happening.

‘Instead of going towards the police car, he hit me and left my head in a funny way, I was on my back.

‘When I was on the floor, he hit my head and he whacked it on the floor.

‘I was in shock, I did not know how many times he did that.

‘He was already, no offence, towards the large side and when he was on my back I could not breathe.

‘He was standing on my back with his knees, close to the shoulder blades.

‘He had his knees on my back and then he held my head and whacked it on the slab.

‘I was in a bit of shock, I did not know what was going on and for a moment I just lost what was happening.

‘I was disorientated, almost panicking.

‘I could not resist, my hand was in a funny angle on my back.

‘I was co-operating, I was trying to assist the police.

‘I was saying it was very painful, it was really painful, I could not feel my right thumb, I was in agony, I thought I was going to die.

‘When I was on the floor, I think the officer was calling for back-up to arrive.’

‘It reminded me of the killing of George Floyd, I thought I was going to die because I could not breathe, it was the same thing.’

Giving evidence PC Marsh, a former prison officer at HMP Chelmsford, told the court the force he used was proportionate and necessary.’

He said: ‘I placed my right leg in front of his left leg and took him to the floor, using my leg as a mechanism to roll him over.

‘I have used my knee to pin his left shoulder down.’

He was asked if his actions were unnecessary by his barrister, Ben Summers.

PC Marsh replied: ‘I disagree, I believe it was necessary.

‘I say it was proportionate, it was one blow.’

PC Marsh said he did not regret any of his actions, including when he told Mr Attanayake to
‘get on the f*****g floor’ and to ‘do as you’re f*****g told.’

‘I don’t regret doing it,’ he added.

‘I understand the language isn’t nice but that man needs arresting.’

PC Bogle said: ‘At the time I strongly believed this was the suspect, the description given to us matched perfectly, the clothing described, that Mr Attanayake was wearing, we still took into account his account that there was another male believed to be down the side of Atlanta Boulevard.

‘He had his hands in his pockets at the time which was a cause for concern.’

She added: ‘Due to the nature of the incident of how high risk I had assessed it, I believed Mr Attanayake could have something in his hands that he was concealing, that could be a weapon he could use against us.

In delivering her verdict, District Judge Annabel Pilling described the assault on Mr Attanayake as ‘gratuitous violence’.

She said the level of force the police officer had used was ‘not necessary, justified, or proportionate to effect arrest.

‘Nor was it necessary or reasonable self-defence for either you our your fellow officer.’

She also questioned the truthfulness of his defence during the trial, saying: ‘I didn’t find you gave honest evidence, and you were never under the impression that a weapon was involved or that you were concerned about his mental health.

‘You didn’t strike him to keep yourself or PC Bogle safe.’

She added: ‘I’m sure he was not resisting and I don’t believe you thought he really was.

She concluded: ‘I have no doubt you are guilty of this offence, and caused the injuries described.’

PC Marsh, of Canvey Island, Essex, denied but was convicted of assault by beating today.

Sentencing was adjourned until 29 February at Westminster Magistrates’ Court.

IOPC regional director Charmaine Arbouin said: ‘Police officers may only use force when it is necessary, proportionate, and reasonable in the circumstances. There was no policing purpose or justification for the officer to strike the man, who posed no genuine risk.

‘The shopkeeper was a law-abiding member of the public, who had called the police to report a crime, when he became a victim of mistaken identity.

‘We appreciate cases of mistaken identity can happen, however, PC Marsh made no attempt to establish the facts and the situation escalated quickly when he immediately used unnecessary force on the man who posed no threat to him or his colleague. Now PC Marsh has a conviction against his name.’