G20 officer had record of misconduct
BRITAIN: Scotland Yard is likely to have to pay a substantial sum to the family of Ian Tomlinson, despite the acquittal yesterday of the policeman charged with killing the newspaper vendor.
A jury rejected the Crown’s case that PC Simon Harwood, who was caught on video striking Tomlinson with a baton and pushing him over at the G20 protest in 2009, had caused his death in a fit of uncontrolled aggression.
Jurors were not told of the officer’s history of misconduct, nor how he sidestepped a serious disciplinary charge in 2001 by retiring from the police force, only to rejoin three years later. The Independent Police Complaints Commission said that details of how Harwood avoided possible dismissal were ‘‘simply staggering’’.
That he was able to return to the Metropolitan police force, first as a civilian employee then as an officer, ‘‘raises considerable concerns about their vetting procedures’’, the watchdog added.
Maxine de Brunner, a deputy assistant commissioner at Scotland Yard, admitted: ‘‘We got that wrong.’’ She said that ‘‘insufficient recording and checks’’ had been carried out on Harwood’s misconduct history.
The Met’s vetting and disciplinary failures are likely to boost the Tomlinson family’s compensation claim.
Their case is strengthened by the verdict of an inquest last year that Tomlinson, 47, a homeless alcoholic, was unlawfully killed.
It will also be helped because Harwood, 45, is almost certain to be dismissed at a police misconduct tribunal. Scotland Yard has been ordered to hold the hearing in public.
Tomlinson’s family said that the not guilty verdict ‘‘really hurt’’ but they would pursue the matter in the High Court. ‘‘This is not the end, we are not giving up on jus-
Simon Harwood, centre, leaves court in London after being acquitted of the manslaughter of Ian Tomlinson during the G20 protests in 2009. Tomlinson’s family say they are now taking the matter to the High Court. tice for Ian,’’ Paul King, Tomlinson’s stepson, said.
The jury of seven women and five men deliberated for almost 19 hours over four days before returning their verdict.
There were gasps and sobs from the public gallery in Southwark Crown Court where Tomlinson’s widow, Julia, and her children had been seated throughout the trial.
They left the courtroom before Harwood was given permission to step out of the dock to be embraced by his wife, Helen, who was in tears.
Tomlinson was caught up in protesting crowds and police lines at the demonstration on April 1, 2009, when he encountered Harwood.
The officer, who had strayed from his duty to guard his unit’s vehicle to join police lines, hit Tomlinson on the leg with his baton and then pushed him, causing him to fall heavily.
Tomlinson stumbled away but collapsed two minutes later and died.
The Crown alleged in court that Tomlinson had suffered damage to his diseased liver in the fall, which led directly to severe blood loss and death.
Mark Dennis, QC, for the prosecution, said that the assault on Tomlinson was ‘‘a gratuitous act of aggression by a lone officer whose blood was up having lost the self-control to be expected of a police officer’’.
Defence lawyers admitted that Harwood should not have pushed or struck Tomlinson, but argued that the officer acted reasonably as part of an operation to clear police lines after a day of violent protests.
A group of about 30 demonstrators gathered outside Scotland Yard yesterday shouting: ‘‘Who killed Ian Tomlinson? The police killed Ian Tomlinson.’’ Cries of ‘‘Murderers’’ were also heard.