Complaints against officers

[Fedster + 1,307]

Neither the 'victim' nor the defendant were even aware of the incident at the time.

 

Date - 28th September 2018
By - Ryan Hooper

 

A judge has hit out at prosecutors after a senior counter-terror police officer was put on trial accused of "shoulder barging" a female colleague at a networking event.

Chairman of the bench at Westminster Magistrates Court, Richard Blake, acquitted Chief Inspector Andrew Johnstone of assault by battery on Metropolitan Police colleague Ch Insp Penny Mills.

The court heard Ch Insp Mills had already complained to bosses about Ch Insp Johnstone's behaviour when he was line manager in the Met's roads and transport policing command.

But she was overlooked for promotion to the senior role in favour of Ch InspJohnstone, who is qualified at superintendent level but without a posting at that rank, prosecutor Philip Stott said.

Acquitting Ch Insp Johnstone, 51, Mr Blake said: "Judges can say inappropriate things at this point from the bench as to whether the prosecution should be brought.

"I do invite those who brought the prosecution to pause and consider the evidence we had in this case - whether this prosecution would have been brought if this happened in a tea room, at a bus station, and whether it was appropriate to bring this prosecution. I can say no more than that.

"I do invite people to consider the course of events which has led to this case coming before me."

The court heard Ch Insp Mills did not see the incident, but felt she was jolted from behind as she attended a senior officers' leadership workshop at New Scotland Yard in central London on January 17.

CCTV from the building did not show the moment of impact either.

Ch Insp Mills told the court she was initially unaware a crime had taken place, and was only informed of the culprit when her colleague Detective Chief Inspector Claire Moxon said Mr Johnstone "appeared to" crash into her deliberately.

She said Ch Insp Johnstone then failed to apologise for his actions.

Defending, Gerry Boyle QC said his client had spoken to colleagues at the networking event about a possible promotion - something that had possibly been put in jeopardy by any future misconduct hearings following Ch InspMills' other complaints.

Mr Boyle said: "If the prosecution case is to be believed, he (Mr Johnstone) took an opportunistic and career-threatening gamble of huge proportions (the shoulder barge) in the presence of others."

Giving evidence from the witness box, Ch Insp Johnstone said Ch Insp Mills's complaints about his management style were "malicious and vexatious" but denied prosecution suggestions that "motivated" him to shoulder barge his former roads policing colleague.

Speaking of the incident, as Ch Insp Johnstone went to get his bag and leave the room, he said: "It (that route) seemed a natural way to go.

"There was a slight gap and that's why I went there.

"I absolutely did not shoulder barge Penny Mills when I went through that crowd ... that's not the kind of person I am - I didn't do it."

An application to dismiss the case was made by the defence team, who said it was "a sorry state of affairs" if someone could be guilty of assault simply by failing to apologise for something they did not realise had taken place.

But while the judge dismissed the application, he later acquitted Ch Insp Johnstone, 51, of one count of assault by battery.

Ch Insp Johnstone, a Met officer for more than three decades and of "impeccable previous character" showed little emotion as he was told he could leave the dock a free man.

The Met confirmed Ch Insp Johnstone remained on restricted duties.

Victor Marshall from the Police Superintendents' Association said: "We are grateful to the judge for seeing the inherent weakness in this case.

"We are deeply troubled that this case was ever considered for referral to the Crown Prosecution Service by the Metropolitan Police Service brought by the CPS, let alone brought to trial.

"Andy Johnstone is a dedicated police officer with an unblemished 30 year career who is awaiting a well-deserved promotion. This case has caused considerable distress to him and his family.

"The association will be seeking an urgent review as why this case was brought and it is hoped that the MPS will now immediately conclude this matter."

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[ParochialYokal 1,119]

Someone should have gone to SpecSavers.

I am not speculating as to whom but, nonetheless, what a crock of [emoji90]

[Reasonable Man + 1,231]

It’s bad enough when a very shakey complaint from a member of the public goes this far but this all came from within.
I don’t get how someone who doesn’t know they’ve been assaulted can end up as a victim in court!

[HazRat 762]

Senior Counter Terrorism Officer? He was (and still is) a Chief Inspector on Traffic. Really not sure how that counts as a senior CT role.

Anyway, this whole sorry matter has been going on for too long. Hopefully someone will sort it out now.

[Hyphen + 693]

We look more pathetic as a service every day. It’s sad really. 

[bensonby + 3,503]

As ever, there’s more to the background than is reported.

[Zulu 22 + 4,571]

13 hours ago, Reasonable Man said:

It’s bad enough when a very shakey complaint from a member of the public goes this far but this all came from within.
I don’t get how someone who doesn’t know they’ve been assaulted can end up as a victim in court!

This is a new one, I agree with all that you have said on this subject.😉

[Policey_Man + 765]

14 hours ago, bensonby said:

As ever, there’s more to the background than is reported.

Is that additional information available publicly anywhere or is this just inside knowledge?

[HazRat 762]

1 hour ago, Policey_Man said:

Is that additional information available publicly anywhere or is this just inside knowledge?

Inside knowledge.

[HazRat 762]

22 hours ago, Fedster said:

Defending, Gerry Boyle QC said his client had spoken to colleagues at the networking event about a possible promotion - something that had possibly been put in jeopardy by any future misconduct hearings following Ch InspMills' other complaints.

This bit hints at other issues.

22 hours ago, Fedster said:

Giving evidence from the witness box, Ch Insp Johnstone said Ch Insp Mills's complaints about his management style were "malicious and vexatious" but denied prosecution suggestions that "motivated" him to shoulder barge his former roads policing colleague.

And this bit as well.