Friday 2 April 2010

When Justice Really is Blind

I defy any member of the public to try this one as a defence.

Metropolitan Police officer, Sgt Delroy Smellie who struck a woman, with a metal baton at a vigil to mark the death of newspaper vendor, Ian Tomlinson, who died at the G20 demonstration a few days before, has been cleared of common assault.
After watching the same video footage as the rest of us District Judge Daphne Wickham cleared him of the attack on Nicola Fisher. I, and I suspect a great many people, might beg to differ.

The judge said Sgt Smellie had “a mere seven seconds" to act when Ms Fisher ran in front of him hurling abuse.
I don’t know what “mere seven seconds” of the video footage the judge selected in her defence of  Smellie, nor do I know why she thinks that it should take a Policeman longer than that to differentiate between a juice carton and a weapon.
She pointed out that Sgt Smellie had deliberately bent his knees to hit Ms Fisher on her legs, causing a "transient flesh wound".
Ms Fisher actually suffered from two “transient” flesh wounds.

In his defence it was stated that Smellie mistook a juice carton in Ms Fisher's hand for a weapon, and maintained his actions were proportionate.

OK. So here we have a Police officer who thinks someone is holding a weapon. So what does he do? He pushes her and - turns his back on her.
But maybe he hadn’t seen the weapon at this time?
OK. So here we have a Police officer who thinks someone is holding a weapon. So what does he do? He slaps her with the back of his hand then - turns his back on her.
But maybe he hadn’t seen the weapon at this time?
OK. So here we have a Police officer who thinks someone is holding a weapon. So what does he do? He approaches her, bends his knees, and hits her on the legs with his baton and turns away. Leaving her on the ground.
These actions, we are led to believe are proportionate when faced by a ‘weapon’ toting member of the public. Especially one who was, according to a defence witness, behaving like a "lunatic" and "out of control". One would have hoped that he might have done a bit more. Maybe something along the lines of shouting ”Drop the weapon.” But no.
In fact he is not even looking in her direction when he starts to draw the baton. And at no point in the video footage does he seem in anyway concerned with what she has in her hand.

So when did he think it was a weapon?
When he pushed her?
When he slapped her?
When he hit her with the baton?
Or when he realised he was on YouTube?

Sgt Smellie however, has been found ‘not guilty’. We have to accept the ruling.
But, that doesn't mean that we have to accept that the point at which an officer can use such force is when he is really pissed-off by a bampot of a woman screaming in his face. 
This though, could be put to the test at the next demonstration. If everyone carries cartons of orange juice to wave at the police we could determine how many officers eventually confuse them with carton shaped weapons. That way the ones that can’t tell the difference can have their arses booted off the force. Cos I’m fucked if I want to employ anyone who can’t tell the difference to protect me.
But, let’s not forget Ms Fisher. Sold her story to the papers but, couldn't be arsed to turn up at court. Worried that the defence may focus on her lifestyle. Thereby making the job of the Judge, the Defence and the Met so much easier.
As for the prosecution? They are confirmed as the best defence lawyers tax-payers’ money can buy - for a policeman.