Murder trial PCs accused of ‘collusion’
TWO police officers accused of unlawfully attacking Dalian Atkinson “colluded” in their account of what happened after he was Tasered, murder trial prosecutors have claimed.
The Crown alleges PC Benjamin Monk murdered the ex-Aston Villa star by kicking him in the head intending serious harm, while the officer’s then partner, PC Mary Ellen Bettley-Smith struck blows with a baton out of anger.
The second day of the officers’ trial at Birmingham Crown Court was told by Monk’s lawyer that the 42-year-old does not dispute kicking Atkinson in the head twice, despite telling investigators he believed he had delivered a single kick to what he thought was the shoulder area to “restrain and control” the retired footballer.
Jurors also heard that Atkinson had ripped out his dialysis line shortly before he was confronted by the officers outside his father’s home in Meadow Close, Telford, in the early hours of August 15, 2016. Jurors were told Monk, who denies murder and manslaughter, and Bettley-Smith, who denies assault, were interviewed under caution on August 26, 2016, and in January 2017.
The trial heard on Tuesday that Atkinson went into cardiac arrest after a Taser was deployed for 33 seconds, six times longer than is standard. A post-mortem examination also concluded Atkinson had no defensive injuries to his hands or forearms after he was Tasered.
Summarising what Monk said to investigators, prosecution QC Alexandra Healy told the court: “He said he produced the Taser, but Mr Atkinson, who PC Monk did not know, was apparently unconcerned when presented with the Taser, saying, ‘I am going to take you to the gates of hell.’ PC Monk was, he said, fearful for himself, his partner and whoever was in [the property].”
Monk told investigators Atkinson stepped towards him, so he deployed his Taser.
Ms Healy added: “This was wholly ineffective... Concerned for the occupants of the address, PC Monk deployed the Taser for a second time. Again, it was wholly ineffective.”
According to Monk’s account, Atkinson rested against a bollard before he fired the Taser for a third time when he walked towards the officers talking again of taking him to the “gates of hell”.
Concluding her opening speech, Ms Healy said the jury would have to consider whether Monk had intended to cause really serious injury.
Alleging Bettley-Smith had colluded in her account surrounding the kicks to Mr Atkinson’s head, Ms Healy told the court: “The prosecution say that once that last Taser deployment had been totally effective, causing Dalian Atkinson to fall to the ground as a result of neuromuscular incapacitation... the officers were no longer acting in selfdefence. Rather they acted in anger as a result of the fear that Dalian Atkinson had just put them through... The prosecution say that PC Bettley-Smith appears to have colluded in not telling the truth about the kicks to the head.”
Defence QC Patrick Gibbs said PC Monk does not dispute kicking the exfootballer twice in the head – but only did so while he was “terrified”.
The trial continues.