In a recent complaint against Lancashire police for a Malicious Prosecution, a police officer, (who I am ‘so far’ unable to mention for legal reasons), openly lied in Court resulting in me being wrongly convicted for a criminal offence!
The officer kicked me, so I responded saying, ‘if you kick me, I will use reasonable force‘. Reasonable force is a common law defence to self-defence.
I notified this officer on TWO occasions that him kicking me was assault and that I ‘could’ use reasonable force. At no time did I use any force, it was simply a warning that I knew my rights and would, if necessary, use reasonable force.
This kick was not seen on the police BWV, and the officer denied, on oath, to kicking or even using his foot in any way against me. This resulted in me getting a public order conviction for my words that ‘put the officer in fear of violence‘.
I was wearing a body camera, and the kick was recorded on it. My camera was seized by the police!
The police BWV (Body Worn Video) was submitted as the only evidence; this clearly showed me rightly telling the police officer that I would use reasonable force if I was assaulted.
My camera was listed in ‘unused material’, and had been tagged as ‘not viewed’. It was also tagged as ‘not evidential’.
Lancashire police were made aware that the camera will have contained evidence of the officer kicking me, which I reported as an assault. Assault is a serious allegation and far more serious than the Public Order allegations they made against me, but Lancashire police refused to investigate my allegation even though they had conclusive evidence of it within their possession.
In Court, the police officer lied repeatedly saying he had NOT kicked me, on more detailed questioning, he sealed his fate by stating that he did not use his foot in any way. Another police officer witnessed the kick, and on cross-examination, she admitted that she saw the officer ‘use his foot’. Two police officers contradicting themselves in Court.
The magistrates unbelievably believed the lying officer and I was found guilty of a S5 Public Order Offence.
I made an immediate appeal to the Crown Court; this was accepted. I then asked the police for my property (my evidence) back.
The police refused to return it. The reason for the refusal was that the camera ‘WAS EVIDENCE’ for an ongoing trial…. my appeal!
Even though it was never submitted as evidence and had never been used as evidence, the police refused to give it back to me. They refused t ogive me my right to a ‘fair trial’. The Right to a Fair Trial is a Human right (Article 6 to be specific). Lancashire police wanted me to go to trial without the evidence that later acquitted me.
They knew 100% that the evidence on my camera was devastating to them, and it proved a Lancashire police officer lied on oath to secure an unsafe conviction, this also shows that the prosecution was malicious.
I decided to make an application to the Crown Court to seek a Court Order to force the police to return my camera. The Crown Court obliged, and a Court Order was granted to force Lancashire police to release my property back to me.
Once returned, the evidence proved 100% that the Lancashire police officer had lied and he had used his foot against me.
My appeal was accepted without the need for a hearing; my conviction was immediately quashed.
I made a complaint to Lancashire PSD (this link is to the full published complaint).
Lancashire PSD replied, having the arrogance to say they were taking NO ACTION against the officers! They stated that the evidence (my evidence) was already ‘tested in court‘!
The ‘evidence’ was withheld and has never ONCE been shown or tested in any court… this shows further lies by Lancashire police.
This shows that Lancashire PSD supports police officers lying in Court.
It was clearly expressed in the complaint the police that the allegations within my complaint if proven, would amount to misconduct and/or criminal procedures. As the complaint was of perjury (a very serious criminal offence) and assault that police failed to investigate, this would, if proven bring criminal charges.
Lancashire police completely disregarded the rules.
The IOPC was contacted, they advised me that Lancashire police were WRONG and that I was to put this in writing to the IOPC. I did and swiftly received a letter from Lancashire police PSD telling me they had ‘made a mistake’. They said that the substance of the complaint did not warrant IOPC intervention. What they mean was, they didn’t want the IOPC involved in the case.
The complaint is now with the IOPC, and a Civil Claim is underway.
This complaint will be 100% fully published and will show how Lancashire police tried to pervert the course of justice by protecting a police officer assaulted me and then lied under oath to secure an unsafe conviction that was eventually quashed!
Let’s hope David Knifton QC sees this article as he was the Judge who heard this (and other officers) lie in Court and accepted their lies! This resulted in David Knifton QC gagging this website from publishing articles about Lancashire police officers. David Knifton QC is, in fact, a fee earning Barrister and, would you believe it, has worked on a private fee arrangement for… the police. Go figure!