Friday 4 February 2011

Suspect, Witness, What’s The Difference?

A night out in Bournemouth ended in terror for a man who claims crowds watched as he was wrongly arrested on suspicion of rape.
They got the wrong man? He looked like a suspect, and this was mistaken identity?
Traumatised Tom Gardiner told the Daily Echo how he was handcuffed outside Walkabout on Old Christchurch Road at about 1 am on Saturday.

His “living nightmare” was to continue for another eight-and-a-half hours.

After being taken to Bournemouth police station, his personal possessions were seized and he was put in a cell while a search warrant was executed at his family home in Kent, he claimed.
And then, the penny dropped with plod…
“At about 9.30 am, an officer told me I had been arrested in error and they now realised that I was sought only as a potential witness.”
D’oh!
Tom’s solicitor Jeremy Cowley said his client was planning to sue Dorset police for wrongful arrest, false imprisonment and defamation, adding: “I think he has a strong case.”
Me too!

But the Dorset Police spokescreature seems not to:
A Dorset police spokesman said: “At the time of arrest, from the information available to the officer, he suspected the man was involved in the alleged offence.

“As soon as it was identified that the arrested man was a witness, he was released.

“We are, of course, sorry if the wrong person has been arrested (Ed: ‘if’..?!?).

However Dorset police has not publicised the arrest or revealed the identity of anyone arrested in relation to this incident, so the issue of damage to reputation should not arise.”
Ah, right. In other words ‘Hey, chum, you’re the one publicising this by making a fuss about it! All WE did was screw up on figuring out why we were picking you up in the first place…’

And that will actually resonate with some people. Look, they are infesting the comment thread already:
Mark_Jordan, Bournemouth says...

Yes. The police should triple check before arresting anyone in future.

Even if it means more rapists are left to rape our children at least we wont be inconvenienced buy a short overnight spell in a warm cell with lovely food.

Damed if you do,,,,damed if you dont.

Typical of this society. No one accepts sorry as a reason to forgive anymore. Its all about the money. So this guys sues and gets compo, where does that come from??? Front line policing that we want to increase.

Some people need to get a dam grip
Some people do, Mark, some people really, really do….

9 comments:

Hogdayafternoon said...

One of the great simplicities of our criminal law is the use of the word "reasonable". If an officer has "reasonable suspicion....reasonably suspects.....reasonable use of force etc". On the face of it this sounds like just such a case.
If this man was black and the description from the witness/victim said the suspect was `black` and he'd been arrested based on that alone, alarm bells ring and the force solicitor tells the chief to get out his cheque book. I have recommended that cheque book myself on a case I investigated involving an armed robbery `suspect` who was detained at the side of the road at gunpoint, a frightening and humiliating experience. The order to stop him was not supported by any credible supporting evidence beyond skin colour and a vehicle type. The armed officers did as they were told and did it very well, even the victim said so. A few grand (no idea exactly how much) came his way, deservedly so. There is money to be made in getting accidentally arrested, whether reasonably suspected or not. Sometimes `sorry` works. Depends on the victim. It often says more about the class of lawyer, shouting and blathering to big up his percentage.

The Lizard King said...

Hi J,

I bet Mark wouldn`t be so scathing if he`d been arrested on his night out for being a nonce!

PT said...

Well, at least they found their witness. I suspect the Dorset police might have been wise to allocate a sympathetic officer who is attractive to this witness for the now-unenviable task of interviewing him and taking his statement.

Robert said...

He might also be able to make a few quid off the paper if they leave Mark's comment visible.

Bucko said...

""Even if it means more rapists are left to rape our children at least we wont be inconvenienced buy a short overnight spell in a warm cell with lovely food.""

1) He's obviously never been arrested.
2) Why is it always "The Children"? I've said it before and I'll say it again. Does human life loose it's meaning when you turn 18?

3) Cunt

Anonymous said...

cause, key words 'rape' 'man' conclusion for most, guilty

if he is a wittness then i doubt he will have any problem telling them, the police, everything he knows, as most men would, i suspect this is a case of mistaken identity of the accused and a witness.

this guy will go after every penny he can get and i think he deserves it, i hope he publisises his own case to the max and it turns out to be ANOTHER flase allegation. why, because we need to stop picking up men and assuming they are rapists on lies, rumour and the stupidity of most police officers.

Clarissa said...

Hopefully he'll also get his DNA taken off of the database as I have no doubt that plod took the opportunity to add him to it.

SadButMadLad said...

Not quite a Striesand effect as the person was arrested in front of a crowd some of whom probably knew him. Being known to be falsly arrested by strangers is not as much a problem as being known to be arrested by friends. If he had been arrested at home with no witnesses then he would have been better off getting an apology to avoid the publicity.

JuliaM said...

"Sometimes `sorry` works. Depends on the victim. "

Interesting you say that. Leads into something I'll be posting later.

"I suspect the Dorset police might have been wise to allocate a sympathetic officer who is attractive to this witness for the now-unenviable task of interviewing him and taking his statement."

Let's hope the task is assigned to one of the few wise men still on the force then!

"Why is it always "The Children"?"

Beats me. But they are used as a justification with wearying regularity.

"Hopefully he'll also get his DNA taken off of the database... "

If he doesn't, then there's no justi...

Oh.

"If he had been arrested at home with no witnesses then he would have been better off getting an apology to avoid the publicity."

Indeed.