![Bristol woman's five-year fight to take the police to court over racial discrimination]()
This is Bristol --
A BRISTOL woman has taken Avon and Somerset police to court, accusing them of racial discrimination. But the force will not be able to call any officers to give evidence due to the "incompetence" of its own lawyer.
The constabulary has been taken to the High Court by Bianca Durrant, who claims that in 2009 she was wrongly arrested and ill-treated due to the colour of her skin. Since then, the 34-year-old from Downend has been fighting the force, representing herself in court with the help of her mum Judy.
There was due to be a six-day trial at the Royal Courts of Justice in London last June. But due to its in-house legal team missing a number of deadlines to provide witness statements to Miss Durrant, the constabulary will not be able to call eight police officers as witnesses.
Instead, the force will have to rely on statements and documents from the time of arrest and initial criminal investigation. Not only could this make the constabulary's case more difficult, the additional hearings have added extra costs to the taxpayer in a case that has already gone on for a number of years.
Miss Durrant, who is of mixed race, has accused the force of racial discrimination, false imprisonment, and corruption, and made other claims in relation to her arrest on suspicion of assaulting a taxi marshal in Bristol city centre.
That night, she was arrested along with two white friends. Clerk Miss Durrant was the only one placed in the caged area of a police van and claims she was discriminated against while in custody.
This included being refused permission to go to the toilet and ending up wetting herself in front of officers.
She was charged with public disorder and assaulting a taxi marshal, but both charges were dropped at trial, with no evidence offered. The forces denies all of Miss Durrant's allegations.
Miss Durrant complained to the force's Professional Standards Department, which found nothing untoward other than that the officer who dealt with her had made an "error of judgment" by not allowing her to go to the toilet.
The force apologised and offered £200 compensation – which she did not accept – and no disciplinary action was taken against any officers.
Miss Durrant then complained to the Independent Police Complaints Commission, which reviewed the PSD decision but rejected her appeal. Since then she has continued to protest all the way to the highest civil courts in the land.
In November 2012, Justice Lang ordered that witness statements were to be exchanged by January 21 last year.
After the police failed to meet that deadline, Justice Mitting granted an extension to March 12, 2013, and said any statements served after that date could not be used in evidence. Police missed that deadline and, despite the warnings, did not make a relief-from-sanction application – to be forgiven that lapse – for another two months.
On June 10, the first day of trial, His Honour Judge Birtles ruled in the police's favour and said the late evidence should be allowed. But at the Court of Appeal in December, following a legal precedent set by the case of Mitchell versus News Group Newspapers and an appeal from Miss Durrant, that decision was overturned by three justices.
In a critical judgement, they wrote: "The failure to meet the final deadline was not the result of any unforeseeable event. It was due to incompetence, as Judge Birtles found, and was simply inexcusable."
The justices said the force has a "real prospect of successfully defending the case", and that the lack of witnesses "will make the claimant's task that much easier, but she will still need to prove her case".
Defiant Miss Durrant, of Chepstow Park, said: "I am very happy about winning the appeal. Throughout my three- year proceedings, I believe Avon and Somerset Constabulary have continually abused process and have not adhered to the civil procedure rules. It will make my case easier as the officers in question cannot be called as witnesses. I do not have any fears. The battlefield has been cleared. I am now able to present my case and justice will be done."
The in-house lawyer, Nicola Hammond, who was responsible for drafting the release from sanction is still working on the case for the constabulary, and has now instructed barrister Alan Payne.
Sue Dauncey, director of legal services for Avon and Somerset police, said: "I recognise that the timescales for submitting certain witness statements slipped in this case. This should not have happened, but it is exceptional. At the time, Ms Hammond was dealing with a heavy workload of complex cases including this one.
"Much of our legal work is carried out by a team of in-house lawyers, like Ms Hammond, all of whom provide a highly-professional service and excellent value for money. I have total confidence in every one of them.
"As a result of this case and recent changes following the Andrew Mitchell case in November we have reviewed our management of civil litigation to make sure this does not recur."
The new date for trial has not been set.
Reported by This is 20 hours ago.
This is Gloucestershire -- Police are investigating after a Gloucestershire traffic officer apparently seized an amateur photographer's camera and threatened to make his day "a living hell". The 26-year-old man was taking pictures of a crash scene in which an 86-year-old pedestrian was knocked down, near Tesco in Churchdown on November 19. He was approached by an officer and took a video recording which appears to capture the subsequent conversation, which he posted on video-sharing website YouTube. The officer can apparently be heard saying he would arrest the man for obstructing a police officer in the course of his duty and seized the camera, insisting he delete the images on it. He later returned the camera, without deleting any images, but after approving them. The officer is heard to say: "We'll nick you now and I will make your day a living hell, cause you'll be in that cell all day. What I'll probably do is I will ask for you to be remanded in custody and I will put you before the magistrate." He added: "You're lucky that I didn't knock you out. I swore at you, yeah. It got your attention, though, didn't it?" The amateur photographer, who asked not to be named, said: "I turned up there and I started taking pictures. It's round the corner from where I live and I was on the way to the shop. I usually take photos at the airport. "I thought as I was local I might as well get some photos. I know I'm allowed to take pictures on public land. "At the time there was no police tape cordoning off the road, the ambulance had gone, everyone had gone. "He asked what news organisation I worked for and I declined to comment." The woman who was knocked down was treated at the scene but died later at Frenchay Hospital, Bristol. Andrew Wiard, chairman of the National Union of Journalists Photographers' Council said: "We press photographers cannot be everywhere, and newspapers rely on the public to provide pictures if first on the spot. "And it is clearly not the job of police officers to go around threatening members of the public whom they are supposed to protect. Simply put, the photographer committed no offence." A spokesman for Gloucestershire police said: "All police officers in Gloucestershire take an oath to 'serve the public with respect to all people'. "Any officer found to breach this oath or any allegations or complaints made about officers are thoroughly and robustly investigated. "Regarding this particular incident, there is currently a misconduct investigation ongoing and it would not be appropriate to comment further at this time." View the video on YouTube.
Reported by This is 12 hours ago.
This is Bristol -- A DRUG den in a block of flats has been shut down by court order after years of complaints by residents. Police secured the closure order for 122 Croydon House, Lawrence Hill, at Bristol Magistrates' Court today under the Anti-Social Behaviour Act. An Avon and Somerset force spokesman said the action followed an investigation into drug-related crime and related anti-social behaviour. There were reports of drug-taking and disorder in communal areas and spent needles and human waste left lying there. Police say up to 300 people called at the flat during one two-week period, some of them abusing neighbours who refused to let them in through the communal front door using the remote entry system. A bid to shut the flat in 2012 was turned down but reports of the disorder and intimidation, coupled with a fourth drugs raid in October last year, during which heroin and crack cocaine were found, strengthened the police case this time around. The flat's tenant has been evicted and the property has been boarded up for three months, during which time anyone found entering it faces arrest. Sgt Andrew Whelpton, of the neighbourhood team, said: "The residents of Croydon House have had to endure years of anti-social behaviour, which has had a severe impact on their lives. "I would like to thank everyone who took the time to give statements and report incidents to us, as this has ultimately helped to secure the closure order today. "Tackling anti-social behaviour is a priority for us and we will always seek to take robust action against anyone who thinks it's acceptable to engage in behaviour such as this." Anyone with information about drug related crime can call Avon and Somerset Police on 101 or Crimestoppers on 0800 555 111. Help and advice on dealing with anti-social behaviour can be found by searching the force website, where a diary to record incidents can be downloaded.
Reported by This is 10 hours ago.
This is Plymouth -- FIREFIGHTERS were called to a burning cabin which police believe was set alight by arsonists. Two crews from Camels Head fire station were called to the fire in a wooded area near to St Budeaux Square in St Budeaux shortly after 6pm tonight. On arrival firefighters realised this was close to where there had been the arson and destruction of a digger and other items linked to the incinerator the previous night. The fire could be seen from the road, close to the library. Using two breathing apparatus and one jet, firefighters were able to bring the blaze under control. However, the cabin was severely damaged and police are now investigating links between the latest arson attack and the vandalism the previous night. Anyone with information about the fire should call police on 101 or call Crimestoppers anonymously on 0800 555111 quoting police log number 617 of 3/1/2014.
Reported by This is 8 hours ago.
This is Hull and East Riding -- POLICE are investigating whether there were any suspicious circumstances surrounding the death of a young woman after an "inconclusive" post mortem. Rebecca Day, 23, was found critically injured at a flat in Peel Place, off Spring Bank, in the early hours of Sunday. She died the following day in Hull Royal Infirmary. A 27-year-old man who was in the flat at the time was arrested on suspicion of her murder but later released on bail. Police said he and Miss Day knew each other. A spokesman for Humberside Police said: "Detectives are investigating whether there are any suspicious circumstances. A man who was initially arrested was released on bail. "This follows a post-mortem examination which was inconclusive. "Police are continuing to investigate the circumstances that led to Rebecca Day's death." Neighbours reported hearing Miss Day screaming and banging on windows for help before police were called to her flat at 1.22am on Sunday. She was taken to hospital, but died from her injuries the following day. A post-mortem examination took place on Monday, but did not confirm whether the cause of her death was suspicious. Her neighbour Matthew Sisson, who said he heard her screaming and banging on windows, said: "She was joyful and seemed happy to be around people. We're devastated at what has happened to her." Her best friend, Emilie Precious, said she was told by a member of Miss Day's family that she had been attacked and there was a chance she would not survive. She told the Mail: "I knew I had to go and see her and I am just so glad I went. "She wasn't conscious when I got there. She looked peaceful as if she was asleep. All her family were there. She was close to them. "I stroked the back of her hand and I gave her a kiss. "I was told there was a chance that she would not pull through, but I honestly thought she would make it." Another neighbour, who did not wish to be named, also paid tribute to Miss Day. They said: "I had only met her once but she seemed like a lovely girl. She was really nice, cheerful and chatty. "It is just incredibly sad." Flowers have been left outside her flat, including one bouquet with a message that reads: "Sleep well little sis. Love and miss you always." Scenes of crime officers from Humberside Police were conducting searches of the flat on Sunday and Monday. A Christmas tree was still visible in the window. Another neighbour said: "There has been lots of trouble at the flat before. Some of the neighbours have said they could always hear a man and woman arguing and fighting." Miss Day grew up on the Longhill estate, moving to the flat in Peel Place around two years ago. She had worked as a waitress at The Omelette restaurant in Hull city centre. The man has been released on bail until later in the year. Anyone with information is asked to call Humberside Police on 101.
Reported by This is 3 hours ago.
This is Kent -- At least 100 more police officers could go in the next round of budget cuts, but it will be the last resort, Kent's new chief constable warned today. Kent Police is under huge pressure to find a further £20 million to balance its books this year. This is in addition to the £50 million cuts made last year that resulted in a fifth of its workforce being lost. But Alan Pughsley whose first day on the job was Monday, said the majority of the £20 million would come from more 'cost-cutting' areas such as in IT and buildings rather than loss of jobs. Speaking at a press conference at Kent Police Headquarters on Wednesday, Mr Pughsley, said: "I am not going to scaremonger and say I am going to be taking £20 million out of all police officers. Front line police officers will be the last thing being taken out of our savings. The savings will come from more than just from police officers and staff. But if I was guessing we could lose around another 100 police officers." But he stressed all budgets of every department were currently being examined. He said: "Twenty per cent will not be all police officers or police staff. We are looking at all budgets. Everything I can do around non-police and non-police staff savings will be done first. Can I save money around cars, IT, and buildings? I will do anything without affecting people. It will be the last resort to cut front line police officers." Mr Pughsley also said minor crimes in future could be dealt with by a 'telephone quality service' rather than an officer visiting a victim of crime, which in turn could reduce demand on resources by up to 25 per cent. This would not include victims of residential burglaries, he stressed, but would include lower level crimes like a ball hitting a car, a smashed windscreen or an accident. Small incidents with no CCTV or forensic evidence that would warrant an investigation. He said: "Will it be tough? Will be difficult? Yes, but my job is to give the best top cover and better training for people to do their jobs." Other ways to ease pressure on resources, he said, that was being explored, included equipping officers with iPads to cut down the amount of time doing paperwork and travelling to and from stations. Mr Pughsley also wants to ensure his model of visible policing is rolled out in neighbourhoods. "I want to make sure the model I am running does everything it can to keep visible policing present in our local communities. That's why some of our central resources will be locally deployed. This will give our local commanders more resilience and flexibility to deploy all the resource in a way that they see fit. "I am also pushing working with our voluntary sector. The special constabulary do a great job and have a key role in visible community policing." Mr Pughsley was the deputy chief constable, which he started in 2011. He originally joined Kent Police in April 2009 and has also worked in the Metropolitan Police Service and for Surrey Police.
Reported by This is 1 day ago.
This is Exeter -- A family were given a scary start to 2014 when they found a snake hiding inside their toilet. The reptile had managed to slither into the Exwick home before being discovered tucked-away under the rim by a woman on New Year's Day. Police were shocked to see the animal inside the lavatory when they responded to an "urban myth" report of a snake in a toilet. Officers managed to extract the reptile before taking it away to a "place of safety". Samantha Edworthy of Tiny Boas in Heavitree, said husband Jason was "surprised" to receive a call from Devon and Cornwall Police about the creature on January 1. "Why the snake was in the toilet, I'll never know," she said. "The police ring us frequently about snakes they've found in garden sheds or elsewhere, but it's the first time we've ever heard of one in a toilet." It is understood the woman who reported finding the snake was initially not believed by the rest of her family. They reportedly called the police as a "last resort" after being refused help by the RSPCA. The 3ft-long California Kingsnake is described as being in "good condition" because of being well cared for by its owner. Mrs Edworthy said: "This particular snake is tame. I wouldn't want to play with it because it can bite. But it's not viscous and only leaves tiny pricks on the skin. "It could belong to a neighbour. But whoever has lost the snake must be devastated. It's never nice to lose a pet." The California Kingsnake is considered harmless to humans. It may be found in a wide variety of habitats including woodland, grassland, farmland, deserts, and even suburban areas. The reptile is endemic to the western United States and northern Mexico. It is as yet unknown who owns the snake or how it managed to get inside the lavatory, but it is thought the creature may be local to the area. A police spokesman added: "The occupier had no idea where it came from or how it got there! Luckily it wasn't dangerous or venomous." To prove the bizarre occurrence, police uploaded a picture of the slippery customer onto social network Twitter. Exeter City Police tweeted: "#urbanmyth report of snake in toilet. Found hiding away under the rim. Officer removed it to a place of safety."
Reported by This is 1 day ago.
This is Derbyshire -- On the day of the Kegworth air disaster, Chief Superintendent Jack Atwal and Detective Chief Inspector Nick Lamb, then police constables, were two of the first officers on the scene. They spoke to Martin Naylor: JACK Atwal recalls the night of the Kegworth air disaster as though it was yesterday. He was in his early 20s and had been a serving Derbyshire police officer for less than two years. He and a van of 12 Derbyshire officers were among the first to arrive at the M1, where a crash had left a Boeing 737-400 folded in two on the embankment. "On the way to the scene, the more senior officers had said it was probably a training exercise. After all, the Lockerbie air crash had only happened the month before. So there was not a great sense of worry among the team. "But, when we got to the traffic island at the M1 and you saw the aeroplane, it was pretty obvious that what was in front of your eyes was no training exercise. "I don't mind admitting I was frightened to death. Not because I thought the plane might blow up or anything like that. "I was frightened to death about what I was going to find inside the wreckage of the aeroplane. That was my overriding fear. "There was aviation fuel coming from the wings and I recall a flight attendant walking towards me swaying as though he was drunk. But it was obviously the shock of what had happened to him." Mr Atwal was assigned to help get survivors off the plane at the tail, which had bent upwards. With the help of other officers, members of the public and journalists, they helped the injured from inside the wreckage. "We were getting people on to stretchers and taking them to the ambulance but, when we got to the ambulance, there was no-one there because they too were busy trying to free survivors as well. "It was almost a case of 'well we've got this person to the ambulance, now where do we leave them?' "It was January, the ground was wet and slippy and we were continually going up and down this embankment trying to get people free from the wreckage. "I recall one guy, either an AA or RAC, who took out a shovel and just dug steps in the ground at the embankment. I don't know what made him think about doing it. It made it so much easier to get up and down." A mortuary was set up at the top of the slope where those that had died in the crash were taken. Mr Atwal said it was not until past 11pm that the 12 Derbyshire officers were relieved of their role and they headed to a Salvation Army hut for food and hot drinks. He said: "It was only when you sat down and took stock about what you had been doing for the past three hours you realised the magnitude of what you were involved in. Since the crash happened there have been so many lessons learned. "The whole command and control structure that is now in place means that emergency services have someone in charge who co-ordinates what happens. "There is far more structure now when it comes to dealing with major incidents like this. That night, because the ambulances blue lights were flashing throughout, no one realised that the batteries might run out and you wouldn't be able to get the injured to hospital." Last year, because of his first-hand involvement of dealing with the disaster, Mr Atwal was invited to contribute to a national disaster learning package that has been sent to forces in England and Wales as a learning tool. He said: "When you look back at 25 years ago you have to ask yourself 'how did 74 people walk away from that alive?' I think part of the answer is how people reacted on the night. "Police, the fire service, ambulance crews, villagers, members of the public did not just run around screaming and shouting. They just said to themselves 'we have a job to do here, we have to get these people out'." What started as a routine night on patrol for then 29-year-old PC Lamb turned into an event that will remain with him for the rest of his life. He was trying to catch a burglar in Stores Road, Derby, when the call came over the radio that he and PC Atwal were needed urgently. As the police van raced around Derby picking up a team of 12 officers, they had no idea what would face them less than 30 minutes later – a plane crash by the side of the M1 that left 47 people dead. Mr Lamb said: "The whole embankment next to the plane was muddy, slimy and covered in gorse and hawthorn bushes. There were no stretchers, we were getting people out of the plane and putting them on to what we could find. There was a ladder I recall using. "The first chap I found had back injuries but was conscious. He was tangled in the gorse. I got him free and to the ambulance and then went back up the embankment. "There was a four-year-old boy who was struggling with his injuries who I helped pull free." Mr Lamb had just finished his two years' probation. He was living in a police flat off Kedleston Road in Derby. Mr Lamb said: "Most of the injuries I saw on the night were scalp injuries where the passengers' heads had probably hit the seats in front of them. And there were a lot of people with compound fractures of the lower legs. "I remember one guy I helped was being carried down by paramedics and I was squeezing saline solution into him on their instructions. I was squeezing it as hard as I could. "We were getting people free from the plane and down to the ambulances then turning straight back round and going back up. You expected to see people with their arms hanging off but it was nothing like that at all. "Even though everyone was witnessing this horrific event, I can't remember any sense of panic. It is human nature to try and help in a time of tragedy and that is what everyone was doing. "We had the police, ambulance service, passers-by and the villagers all trying to get those people out of the plane. There was just no sense of panic at all." After he had helped pull the survivors clear, he was tasked with setting up the temporary mortuary for those who had died. He said: "We parked two fire engines nose-to-nose at the top of embankment and placed a large tarpaulin between them and started to take the bodies up there. "There were some horrendous sights but, at the same time, and this is meant with no disrespect at all, the priority when we arrived was to get the survivors out so, in a strange way, dealing with those that had died was easier. We got them up to the top of the bank and into body bags and then that was it. "I remember everything on the night was just so quiet and controlled. There was no panic, no screaming, no shouting. "The whole night was just so surreal and, even talking about it 25 years later, my thoughts haven't changed. "We got back to Derby at something like 2am or 3am and we were given a tot of whisky in a plastic cup." Later the same morning, after just a few short hours sleep, Mr Lamb was back on duty on his beat in Chaddesden. In the days following the disaster, Mr Lamb met then Prime Minister Margaret Thatcher, who had come to thank those that had helped on the night and to visit the injured at the Derbyshire Royal Infirmary. And months after the crash he met the Queen at a formal presentation in Leicester. He said: "I got to shake the royal glove, which was an honour."
Reported by This is 21 hours ago.
This is Bristol --
This is Bristol --
This is Staffordshire -- Being shot and blinded by gun maniac Raoul Moat was the "first step" in the series of events which led to PC David Rathband killing himself, a coroner ruled today at an inquest. The traffic officer, who became a national hero, grew desperate after the collapse of his marriage and struggled to cope with his sudden and irreversible disability. He was found hanging at his home 20 months after he was shot while on duty. Coroner Eric Armstrong urged none of those involved in the hearing to blame themselves. And, after concluding Mr Rathband took his own life, Mr Armstrong said: "The circumstances of his injuries inflicted by Moat) are well-known. "It is difficult, if not impossible, not to view the infliction of those injuries as the first step in a series which culminated in his death." The inquest at Newcastle's Moot Hall heard Mr Rathband had made threats to kill himself and told his lover he attempted to hang himself but could not go through with it. But his widow Kath and police colleagues she alerted, while concerned for his well-being, did not consider him to be at immediate risk of suicide. Mr Rathband was found hanging at his home in Blyth, Northumberland, on February 29, 2012. He lived there alone, having left the family home following a domestic dispute the previous August. The three-day inquest, heard his wife put up with previous affairs, but his last - with 7/7 London bombing survivor Lisa French who he met on Twitter- effectively ended the marriage. Mrs Rathband broke the news to her husband prior to him flying out for a holiday in Australia with his identical twin Darren. While on holiday, Mr Rathband made desperate attempts to contact his wife, ringing her up to 50 times on some days. The messages were unpleasant, abusive and threatening, she told the hearing. In one he pretended to be a police officer ringing to say her husband was dead, but he would be rational and pleasant if she spoke to him directly. On another occasion he threatened to video-call his wife and kill himself while she watched. Mrs Rathband visited him for the last time on the night he died. She said she thought he looked "awful" and decided he needed support. But she felt she was not the right person to be with him and contacted his sister Debbie Essery in Staffordshire and his welfare officer Inspector John Heckles. Mrs Essery contacted Det Con Brown with a Facebook message to pass on her concerns. That evening, officers including Mr Heckles eventually broke into his home and found him hanging in the darkness, with music playing from his phone. Ms French had also seen him earlier that day, and she told the inquest he said he had experienced suicidal thoughts, but had not been able to kill himself. The police were also questioned about whether their response on the night that Mr Rathband died had been appropriate. Superintendent Jim Napier, of Northumbria Police, said that after receiving concerns about Mr Rathband's welfare he decided an officer should go to his home and check on him. But due to the fact that he had made threats to kill himself before, and that the family had raised their concerns only through Facebook, he did not regard it as an immediate threat to life. "It's my experience that people who intend to take their own lives will do so," Mr Napier said. "Those who make threats to take it over a period of time need help." Mr Rathband was shot and blinded by Moat in Newcastle in July 2010 after the gunman declared war on police while on the run for murder and attempted murder. He became a national hero and used his profile to set up the Blue Lamp Foundation to support 999 staff injured at work. But after attending the trial of Moat's two accomplices in spring 2011, he lost focus and grew despairing. His widow said he had not had time to adjust to life without sight.
Reported by This is 16 hours ago.
This is Staffordshire -- CONFIDENCE, a good nose, playful and possessive. These are the qualities Cheshire Constabulary are looking for in their search for dogs to be trained by the police. Local breeders, suppliers and the general public are all being encouraged to come forward if they would like to donate any Spaniels or Labradors. Ideally, the dogs will be aged between 10 and 18 months and display the qualities to work for the police. PC Richie Land, a dog training instructor for Cheshire Police, said: "We are looking for dogs that are friendly, strong and ones that don't give up easily. "You may have a dog that's too energetic and requires a lot of attention. They may be too big and cause damage to your home. "Some people can find this type of dog too much work and look to re-home them. This is the type of dog we're after." If anyone has a dog they would like to donate, please call 01606 362682 and ask for PC Richie Land or Sergeant Gareth Wrigley. For more information about the Cheshire Police Dogs Section, visit www.cheshire.police.uk.
Reported by This is 16 hours ago.