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PC Monk and PC Bettley-Smith told original September date cannot be guaranteed because of number of witnesses and court requirements.

Date - 20th July 2020
By - Police Oracle 

The trial of a West Mercia PC accused of murdering former Aston Villa star Dalian Atkinson has been relisted for April next year, because of timetable delays caused by the Covid-19 pandemic.

PC Benjamin Monk, 41, was charged last year with murder and an alternative charge of manslaughter in connection with an incident in 2016 in which Mr Atkinson was tasered.

The trial was initially listed to start on September 14 but two of the barristers due to be involved are also working on the pandemic-delayed Manchester Arena bombing inquiry.

Also Birmingham Crown Court is currently able to run two criminal trials simultaneously but with “significant restrictions” which meant that the September trial date could not be guaranteed.

PC Monk was given permission by the judge not to attend a pre-trial hearing at Birmingham Crown Court on Monday, to discuss an application by all parties to move the trial to Easter 2021.

His colleague, PC Mary Ellen Bettley-Smith, 29, was also excused from attending.

She has entered a not guilty plea to a charge alleging she assaulted Mr Atkinson occasioning actual bodily harm prior to his death on August 15, 2016.

Both officers, who are on unconditional bail, were charged following a three-year inquiry into the death of Mr Atkinson, who went into cardiac arrest in an ambulance on his way to hospital.

Mr Atkinson, 48, who also played for Ipswich and Sheffield Wednesday, died after officers used a taser during an incident near his father's house in the Trench area of Telford, Shropshire.

Judge Melbourne Inman QC said with social distancing and other infection control measures, Birmingham Crown Court was able to run two trials at the same time but with "significant restrictions".

"When that will change, I do not know," he added.

"Whether or not things will have changed by September 14 is not within my gift, but we have to make sensible decisions, knowing what's required in a trial of this nature."

He added: "In this case, the planning is significant given the obvious number of witnesses and their nature.

"Everybody that is touched and concerned by this case is under considerable pressure and stress.

"I also have no doubt Mr Monk and Ms Bettley-Smith wish some certainty to know when their trial will take place."

He added that two senior barristers in the trial were also now involved in the Manchester Arena Inquiry into the 2017 terrorist bomb attack, with the inquiry's schedule also "changed because of the Covid-19 pandemic".

Mr Inman said: "Having considered all those factors I am quite satisfied the interests of justice are served by vacating the present trial date of September 14."

The judge directed the trial to be listed "on or immediately after April 12, 2021".

The court previously heard PC Monk would formally enter his pleas to the charges on the day the trial begins, unless there was any further legal bid to the contrary, to avoid another potentially unnecessary hearing during the Covid-19 outbreak.

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[Jacob212 17]

The cynic in me wonders whether this is being delayed because society is not ready for a not guilty verdict 🤔  #BLM

[IrateShrike + 1,850]

On 20/07/2020 at 23:43, PcJacob said:

The cynic in me wonders whether this is being delayed because society is not ready for a not guilty verdict 🤔  #BLM

Being in the police, you ought to know that nearly all trials have been delayed significantly by Covid-19.

[pcmode 40]

What's another 6 months of this hanging over their heads? Approaching 5 years by the time the trial will be over and that's discounting any appeals or civil cases that may follow.

[Jacob212 17]

18 hours ago, IrateShrike said:

Being in the police, you ought to know that nearly all trials have been delayed significantly by Covid-19.

Nearly not all

[Zulu 22 + 4,642]

7 minutes ago, PcJacob said:

Nearly not all

 

18 hours ago, IrateShrike said:

Being in the police, you ought to know that nearly all trials have been delayed significantly by Covid-19.

Irate Strike was more than clear in his post. He said "Nearly all trials have been delayed by Covid-19".  Something in that post appears to be beyond your comprehension.