Police officer cleared of assualt

A police officer who was prosecuted after he pushed a prisoner who refused to sit down on a bench was cleared of assault by magistrates today.

Pc Glynn Dutton, 36, was captured on CCTV pushing Hasan Mumtaz in a custody suite at Trafalgar House police station, in Bradford, in June last year.

The officer told magistrates in Sheffield he had become concerned for his safety when Mumtaz refused to sit down, especially given the prisoner's violent background and convictions for drug dealing.

Hide Ad
Hide Ad

It emerged during a two-day trial that Mumtaz had served a number of prison terms for serious violent offences and is currently serving a 21 month-long sentence for affray.

The magistrates were also told how Mumtaz was a "serial complainer", having clocked up at least 29 complaints against West Yorkshire officers over a two-and-a-half-year period, none of which were substantiated.

As Pc Dutton hugged supporters outside the court, the Police Federation said: "This officer was doing what he's paid to do and for that he and his family have suffered."

Ned Liddemore, from the West Yorkshire branch, said: "We're absolutely delighted that the court have delivered the right and just verdict in this case.

Hide Ad
Hide Ad

"Mr Dutton, his wife and family, have been under immense pressure and stress since this investigation commenced some nine months ago.

"Throughout this investigation, the officer has been on restricted duties and the public of West Yorkshire have lost the front line services of an excellent and hard-working constable.

"There are no words that can express how a police officer feels when he or she is accused of any offence, never mind one of such a serious nature.

"Nonetheless, justice has prevailed and Pc Dutton has been acquitted.

Hide Ad
Hide Ad

"It has been an extremely difficult time for Pc Dutton following these allegations by Mumtaz."

Pc Dutton, of Bridon Way, Cleckheaton, West Yorkshire, was cleared of one count of common assault.

Sheffield Magistrates' Court heard how the incident began at Bradford Crown Court on June 18 last year, when Pc Dutton and a female officer were called to arrest Mumtaz, who was wanted on a warrant and was shouting and causing problems in the building.

The officers were called in by a detective who said he did not want to arrest Mumtaz himself because he had already been the subject of three complaints by the suspect when he was investigating gang violence in Keighley.

Hide Ad
Hide Ad

At the police station, CCTV captured Pc Dutton shoving Mumtaz down onto a bench in a holding area as they waited to be "booked in".

It then showed the two men struggling before a number of other officers arrived to help him.

Mumtaz, who gave evidence from the dock flanked by a security guard, told the court he was attacked for no reason.

But Pc Dutton said he was concerned for his safety after the prisoner, who had a reputation for violence refused to sit down.

Hide Ad
Hide Ad

The officer told magistrates: "I just asked him to sit down. He just said no.

"I asked him politely again to sit down.

"He said something to the effect of 'You can't tell me what to do, it's my human right to stand up if I want to stand up'."

Pc Dutton went on: "I just thought I'm going to have some problems with this gentleman.

"I've asked him twice to sit down and he's just refusing to do it."

Hide Ad
Hide Ad

Pc Dutton said he was already concerned about Mumtaz's behaviour and was aware he had a record for violence.

The officer told the court Mumtaz began to resist as soon as he touched him and, as they grappled, the prisoner grabbed his testicles.

Pc Dutton said he punched the prisoner to get him to release his genitals as he feared serious injury.

He also admitted administering at least three "knee strikes" as the struggle continued.

Hide Ad
Hide Ad

The court heard Mumtaz was given a two-and-half-year sentence at Preston Crown Court in May 2004 for violent disorder and unlawful wounding following an incident in which a man was stabbed to death.

He said that five months after he was released, he was given a nine-month sentence for assault occasioning actual bodily harm.

In August 2007, he was jailed for 10 months for possessing heroin and crack cocaine with intent to supply.

Last year, he was convicted of a public order offence at Keighley Magistrates' Court and, in July 2010, he was given a sentence of 21 months at Bradford Crown Court for affray.

Hide Ad
Hide Ad

Yesterday, Adrian Keeling, defending Dutton, said to Mumtaz: "The simple truth of the matter is that you seek confrontation with the police at every turn, don't you?

"You're a violent man who's prepared to talk with his fists, aren't you?

"You were faced with a perfectly reasonable request to sit down and you refused."

The court heard a series of character references for Pc Dutton from friends and colleagues who universally described him as an excellent officer who was calm in all situations.

Hide Ad
Hide Ad

They said he was known in the force for his ability to "talk people down" rather than resort to force.

The magistrates were told he was a "family man", a coach at his local junior football team and had been a police officer for about five years. He had an impeccable record.

After delivering the verdict, the chairman of the bench, Trevor Griffiths, said he was concerned about some procedures at Trafalgar House police station.

Mr Griffiths asked why Pc Dutton was left alone with such a potentially violent offender and asked why a potential weapon - a yellow cleaning cone - was left in the holding area.

The magistrates also asked why a door to another area was left open in the holding area and he questioned why, according to one expert at the trial, the prisoner was inappropriately handcuffed.