A police ‘cover-up’ into an assault by a police officer has been uncovered by both Lancashire Police and Cumbria Police. Not only the forces have been brought into disrepute, but their PSD (Processional Standards Department) is implicated.
DI Melvin of Lancashire Police, based in Burnley assaulted me in Ormskirk Police station.
A video of the assault was capture covertly by my wife.
- This was witnessed by ISO Millward of Lancashire PSD.
- This was allegedly (see below) witnessed by PEA Brown. (Public Enquiry Assistant)
- The investigation into this complaint was undertaken by Cumbria DC Mctear of PSD.
- The whole incident was overlooked by DCI Peter Simm of Lancashire PSD.
DC McTear took statements from all officers who witnessed it. Statements are on or should be on MG11 forms. It is a prosecutable offence to knowingly give false information on these.
DI Melvin denied even touching me.
ISO Millward said he ‘eased past me’
PEA Brown said that I walked back with a hand on my chest.
Now, the investigator, DC McTear, stated in his report that Melvin did, in fact, use force to push me backwards.
This is COMMON ASSAULT ‘a battery’.
Now before I go on, I am not saying this is the crime of the century. I was simply pushed backwards, no injuries. The point is, this is a crime and I reported it a such. If I had done this to the police, I can assure you they would arrest and prosecute me without a doubt.
What DC McTear is supposed to do is investigate fairly & impartially, and decided if this is misconduct and/or criminal.
Circumstances must also be taken into account. Without going into any in-depth details… this was just a conversation, I was asking a question, DI Melvin didn’t want to answer so said to me ‘MOVE OUT OF THE WAY’ then pushed me. That is is!
I was not angry, I was not shouting, I was not acting in an aggressive manner, on the contrary, I called the officer by his title ‘Inspector’ and polite but firmly put the question to him.
Now, DI Melvin at NO TIME said he touched me. So, therefore it would be reasonable to think that DI Melvin had no need to touch me otherwise he would have said there was a need.
What DC McTear then did, was look into case law. WHAT…. a DC trying to be a solicitor?
Yes, he looked into a case call Collins v Willcock 1984. From this, he formed an opinion that the force was justified…
So, if we review the case he looked at, “Collins v Willcock (1984)”
- A police officer restrained a woman by taking hold of her arm
- The woman proceeded to scratch the police officer and was charged with assaulting a police officer in the execution of duty
This was appealed and the conviction was quashed for the following reasons
- The police woman’s actions amounted to a battery.
- The defendant’s action was in self-defence.
Goff LJ stated that implied consent existed where there was jostling in crowded places, handshakes, back slapping, tapping to gain attention provided no more force was used than is reasonably necessary in the circumstances. There was no consent given for the grabbing of the arm.
So, in summary, the investigator DC McTear found that contact and force were made. Notwithstanding this, DI Melvin stated he did NOT touch me (even though it is a blatant lie evident in the video) then there cannot be any alleged circumstance for contact.