GRIEVING MAN IN ‘SHOCKING’ CASE OF MISTAKEN IDENTITY
POLICE AGREE TO SETTLEMENT ON ARREST CLAIM
A GRIEVING labourer shopping for his great uncle’s funeral had his leg broken when being mistakenly arrested by police.
Stephen Feehan was shopping in Hayes for something to wear to the family funeral when he says plainclothes police tackled him.
Nearly four years after the violent ordeal, Stephen has been awarded £12,000 in a settlement with the Metropolitan Police.
Speaking about the incident to The Mirror, Stephen described it as being “so very nasty, an absolute nightmare”.
“It came out of nowhere. Suddenly I was chucked to the ground by these blokes I presumed were a gang,” he added. “I was on my back with my hands over my face and took at least 10 punches to the face and body while two officers kicked my sides and stamped on my lower body.
“I was silent, in shock, but I could feel my nose and lip had popped.
“Then one of them turned me on to my front, at which point another stamped on my leg just above my left ankle and I knew it had broken.
“The first I knew they were police was when they shoved handcuffs on me. They kept calling me by another name.”
Stephen was held in custody at Uxbridge Police Station for 22 hours on suspicion of conspiracy to commit burglary before they finally released him on bail.
Two hours into being in custody, a doctor was called for Stephen, but he says he was only prescribed anti-inflammatories and was told his leg wasn’t broken. Two days later he was diagnosed with a fractured fibula (calf bone).
Stephen not only missed his great-uncle’s funeral but couldn’t work for four months due to his injuries.
He claims police used unreasonable force during the incident on December 15, 2015.
Police told Stephen in February 2016, that there would be no further action against him but he claimed they made no apologies, so he launched a legal claim against the
Met. “I became very reclusive,” he said. “I was traumatised thinking if the police can do that and get away with it, anyone can.”
Last June, he was diagnosed with adjustment disorder linked to the incident, after suffering depression and anxiety.
The Met said lawful force was used to carry out a lawful arrest.
Stephen’s claim of false imprisonment was denied on the basis it was necessary to keep him in custody to verify his identity and allow effective investigation of the offence.
They settled out of court and Stephen, who lives in Waterford, in the Republic of Ireland, received £12,000. But he fumed: “I don’t think it accounts for the hell I’ve endured.”
In response, a spokesperson for the Met Police said: “The Met confirms the civil claim has been settled out of court. We do not discuss settlement terms.”
Stephen’s solicitor, Jane Walker of Russell and Co in Malvern, Worcs, said: “It was a shocking case of mistaken identity and we were instructed to investigate Stephen’s claim against the Commissioner of the Police of the Metropolis arising out of an incident in which without warning he suffered substantial injuries, including a fracture to his leg.
“The police officers thought they were dealing with a different man. They called our client by a different name, but Stephen kept telling the police he was not that person.
“He was arrested and taken to Uxbridge Police Station. By the time he was processed at the police station, the police knew that they had arrested the wrong man.
“Nonetheless, they did not release him; they continued to detain him in custody for a total period of just under 24 hours. He was not taken to hospital for his injuries. The client was eventually released on bail and no further action was taken by the police.
“The police defended the claim, stating lawful force was used to effect a lawful arrest.
“The claim of false imprisonment was denied on the basis that it was necessary to keep Stephen in custody, firstly to verify his identity, and then to allow the prompt and effective investigation of the offence or of his conduct.
“The police have settled the claim out of court with a five figure sum.”