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22/07/2010
No Charges Over G20 Death
A police officer who was filmed apparently pushing a man, who later died, to the ground at the G20 protests, has been told that he will not face any charges.
Director of Public Prosecutions Keir Starmer said a failure of experts to agree on how Mr Tomlinson died meant that there could be no conviction.
Ian Tomlinson, 47, died on April 1 2009 after becoming caught up in the clashes between protestors and police in the City of London during the G20 demonstration.
Mr Tomlinson, a father-of-nine, was a newspaper seller who was not involved in the protest. His family were initially told that he had suffered a heart attack, but a second post-mortem showed that he died from internal bleeding as a result of blunt force trauma, in combination with cirrhosis of the liver. A third post-mortem agreed with the results from the second test.
Amateur video footage taken of the incident showed Mr Tomlinson apparently being struck from behind by an officer with a baton before being shoved onto the ground. He collapsed shortly afterwards.
Mr Starmer also said that Mr Tomlinson had been bitten by a police dog.
Mr Starmer said that the conflict between the medical experts on the cause of Mr Tomlinson's death meant that the CPS "would simply not be able to prove beyond reasonable doubt that there was a casual link between Mr Tomlinson's death and the alleged assault upon him. That being the case, there is no realistic prospect of a conviction for unlawful act manslaughter."
Mr Starmer said that a charge of assault occasioning actual bodily harm was considered. However, it was ruled out because the conflict in the medical evidence meant that it could not be proved that actual bodily harm had taken place.
Mr Starmer said: "Assault occasioning actual bodily harm would require the prosecution to prove that the alleged assault on Mr Tomlinson caused him actual bodily harm. So far as the push on Mr Tomlinson is concerned, the conflict in the medical evidence prevents this. If the push caused Mr Tomlinson's death, the appropriate charge would be manslaughter, not assault occasioning actual bodily harm. If, as we have concluded, the prosecution cannot prove a causal link between the push and Mr Tomlinson's death because of the conflict in the medical evidence, it follows that actual bodily harm cannot be proved either."
A charge of common assault could not be brought because there was a six-month time limit. Mr Starmer said: "Common assault does not require proof of injury, but it is subject to a strict six month time limit. That placed the CPS in a very difficult position because enquiries were continuing at the six month point and it would not have been possible to have brought any charge at that stage."
A charge of misconduct was also ruled out.
Mr Tomlinson's son Paul King told reporters that the family felt "very disappointed" by the decision.
(KMcA)
Director of Public Prosecutions Keir Starmer said a failure of experts to agree on how Mr Tomlinson died meant that there could be no conviction.
Ian Tomlinson, 47, died on April 1 2009 after becoming caught up in the clashes between protestors and police in the City of London during the G20 demonstration.
Mr Tomlinson, a father-of-nine, was a newspaper seller who was not involved in the protest. His family were initially told that he had suffered a heart attack, but a second post-mortem showed that he died from internal bleeding as a result of blunt force trauma, in combination with cirrhosis of the liver. A third post-mortem agreed with the results from the second test.
Amateur video footage taken of the incident showed Mr Tomlinson apparently being struck from behind by an officer with a baton before being shoved onto the ground. He collapsed shortly afterwards.
Mr Starmer also said that Mr Tomlinson had been bitten by a police dog.
Mr Starmer said that the conflict between the medical experts on the cause of Mr Tomlinson's death meant that the CPS "would simply not be able to prove beyond reasonable doubt that there was a casual link between Mr Tomlinson's death and the alleged assault upon him. That being the case, there is no realistic prospect of a conviction for unlawful act manslaughter."
Mr Starmer said that a charge of assault occasioning actual bodily harm was considered. However, it was ruled out because the conflict in the medical evidence meant that it could not be proved that actual bodily harm had taken place.
Mr Starmer said: "Assault occasioning actual bodily harm would require the prosecution to prove that the alleged assault on Mr Tomlinson caused him actual bodily harm. So far as the push on Mr Tomlinson is concerned, the conflict in the medical evidence prevents this. If the push caused Mr Tomlinson's death, the appropriate charge would be manslaughter, not assault occasioning actual bodily harm. If, as we have concluded, the prosecution cannot prove a causal link between the push and Mr Tomlinson's death because of the conflict in the medical evidence, it follows that actual bodily harm cannot be proved either."
A charge of common assault could not be brought because there was a six-month time limit. Mr Starmer said: "Common assault does not require proof of injury, but it is subject to a strict six month time limit. That placed the CPS in a very difficult position because enquiries were continuing at the six month point and it would not have been possible to have brought any charge at that stage."
A charge of misconduct was also ruled out.
Mr Tomlinson's son Paul King told reporters that the family felt "very disappointed" by the decision.
(KMcA)
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Evidence Withheld In Tomlinson Case
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