By Emily Caulkett-
A police officer has been convicted of assaulting a man who had been arrested and handcuffed by his colleagues.
PC Charlie Thompson, 25, forced Zeki Badruddin’s head to the ground, elbowed him to the side and then pushed him over, despite the man not resisting arrest, in an attack which had “no justification”, the police watchdog said.
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On Monday, Thompson, who works at Essex Police’s local community unit in Basildon, was found guilty of assault at Chelmsford Magistrates’ Court, following a two-day trial.
Thompson, of Dedham Road, Boxted, was sentenced to 12 weeks imprisonment, suspended for one year, and 100 hours unpaid work during that year.
The verdict follows an investigation by the Independent Office for Police Conduct (IOPC).
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The court heard that PC Thompson had responded to a report by other officers that they had detained a man on suspicion of assaulting an officer on the A127, near the Mayflower Retail Park, after they had stopped him for a suspected driving offence on January 19 this year. No charges were brought against the man following the incident.
Footage played to the court in evidence showed when PC Thompson arrived the man was seated on the ground in handcuffs to the rear, with another officer standing above him.
PC Thompson forced the man’s head to the ground and struck him to the side with his elbow, while the man protested that he was not resisting police. The man had his legs strapped by another officer and was brought back to a seated position, before PC Thompson pushed him to the ground a second time.
When delivering the verdict District Judge Christopher Williams noted police officers “do not have a licence to act aggressively”.
He said he failed to accept the man posed any threat to PC Thompson or that the officer honestly believed he did.
The judge said he “struggled to see the necessity for any of the force that was used” and noted the second push was “embarrassing, demeaning and a total abuse of position”.
Necessity
IOPC regional director Graham Beesley said: “Police officers may only use force when it is necessary, proportionate, and reasonable in the circumstances.
“There was no justification for PC Thompson to use force against the man, who was not resisting in any way and posed no genuine risk to PC Thompson or his colleagues. His actions brought great distress to the man and he has rightly been held to account.”
The IOPC began its investigation in February this year following a mandatory conduct referral from Essex Police, which concluded in August.
Investigators interviewed PC Thompson, under criminal and misconduct caution, and the man who was arrested. Body-worn video was reviewed and statements were taken from the other officers present.
“In June, we passed a file of evidence to the Crown Prosecution Service, which authorised the charge,” said the IOPC.
“Now the criminal trial has concluded, the force will hold a misconduct hearing for PC Thompson after our investigation found he had a case to answer for gross misconduct in relation to the force he used against the man and the way he treated him, including using offensive language.”
The Independent Office for Police Conduct (IOPC) investigated the incident, which happened on 19 January this year.
The court heard PC Thompson had responded to a report by other officers that they had detained a man on suspicion of assaulting an officer on the A127, near the Mayflower Retail Park in Basildon, after they had stopped him for a suspected driving offence.
Mr Badruddin was arrested on suspicion of assaulting an emergency worker but was not prosecuted.
Footage played in court showed when Thompson arrived, the man was sitting on the ground in handcuffs to the rear, with another officer standing above him.
Thompson forced the man’s head to the ground and struck him to the side with his elbow, while the man protested that he was not resisting police. The man had his legs strapped by another officer and was brought back to a seated position, before Thompson pushed him to the ground a second time.
Prosecutor Micaila Williams said Thompson “went in like a bull in a china shop without asking questions or considering anything before he applied force”.
He went up to Mr Badruddin and placed his hand “firmly” on his shoulder, later taking him to the ground, the Crown said.
He allegedly deployed an “elbow strike to the head area” of Mr Badruddin, and pushed him to the ground a second time.
District Judge Christopher Williams said in court that police officers did not have a license to act aggressively. He said he failed to accept the man posed any threat to Thompson or that the officer honestly believed he did.
He said he struggled to see the need for any of the force that was used, adding that the second push was embarrassing, demeaning and a total abuse of position.
He said: “The police are entrusted by the public to carry out a very important job and part of that trust means that considerable powers and authority are placed in the hands of officers.
“I think you did abuse that trust and power placed upon you on that occasion. Your reactions, as far as Mr Badruddin was concerned, were in my view excessive and you had no real reason to believe you were under any real threat from him at the time.”
The judge said the incident caused “relatively minor” physical harm to the complainant but stressed the psychological toll was likely to be greater.
Andrew McGee, defending, highlighted his client’s “impeccable professional record”. He said Thompson’s actions were “not calculated” and occurred in “circumstances of high stress”.
‘No justification’ for assault
IOPC regional director Graham Beesley said: “Police officers may only use force when it is necessary, proportionate, and reasonable in the circumstances.
“There was no justification for PC Thompson to use force against the man, who was not resisting in any way and posed no genuine risk to PC Thompson or his colleagues. His actions brought great distress to the man and he has rightly been held to account.”
The IOPC’s investigation began in February 2022 after a referral from Essex Police.
After interviewing Thompson and the victim, reviewing body-worn camera footage, and taking statements from other officers, the file was passed to the Crown Prosecution Service.
Essex Police will hold a misconduct hearing for Thompson after the IOPC found he had a case to answer for gross misconduct in relation to the force he used against the man and the way he treated him, including using offensive language.
A spokesman for the force said: “As soon as we became aware of the problem, we made a referral to the IOPC and the officer has not since been on normal duties, interacting with the public face to face.
“We police with the consent of the public and officers are trained in using force when dealing with incidents and making arrests. However, that force must always be proportionate to the threat being posed to them.
“In this case, a court has found that the officer got this interaction wrong, and he has been convicted of assault. Appropriately, conduct proceedings will now be progressed.”
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