PC wins appeal against kebab shop assault conviction

A police officer who was sentenced to jail for assaulting a drunken kebab shop customer during an arrest has won his appeal against the conviction.

PC Steven Haines was given 12 weeks by Central Kent Magistrates’ Court on September 16 last year after being convicted of assaulting Lewis Taylor by beating in Ashford town centre.

A judge and two magistrates hearing the appeal at Maidstone Crown Court watched CCTV film of the incident at The Cod Father in the Lower High Street.

After hearing evidence they decided that the 40-year-old police constable, of Hamstreet, had acted reasonably.

PC Haines had been allowed to keep his freedom while the appeal was pending.

He was called to the kebab shop in the early hours of on June 1 in 2013 to deal with a disturbance.

Obnoxious

Judge Martin Joy said there was a fight “with pushing and shoving and people intoxicated”.

Mr Taylor, he said, was not an impressive witness. He had been behaving in an obnoxious manner in the restaurant.

He claimed he was minding his own business sitting down eating chips when the officer came in an ordered him to get up.

Mr Taylor described PC Haines as looking “wound up and aggressive”. He claimed the officer pushed him across a table and swung his baton at him.

He was left with bruises after being hit across his legs and buttocks. He said PC Haines pushed him against the wall and kneed him in the groin.

Mr Taylor, who has ADHD, had been drinking heavily and was on medication.

In a reference to a TV police series starring Jack Warner that ran for 19 years up to 1976, the judge said: “We don’t live in an age of Dixon of Dock Green where an officer comes in with a helmet on and says ‘Move along everybody’.”

There was something more serious going on as Mr Taylor had been annoying some girls and put his hand up the skirt of one of them, the court was told.

Judge Joy said the officer was dealing with the matter on his own because no other units were available that night.

“It was a difficult position to be in,” he continued. “The law is that as long as the officer had an intention to arrest Mr Taylor he had a legitimate purpose

‘We don’t live in an age of Dixon of Dock Green where an officer comes in with a helmet on and says “Move along everybody”.’

in applying reasonable force.”

The prosecution had to prove it was unreasonable and unlawful.

“The question is: Did he go to far?” said the judge. “We take the view that given the circumstances he did on an objective basis act reasonably.

“The officer did what he thought was necessary for a legitimate purpose. In those circumstances the appeal must be allowed.”