Custody Sergeant's Appeal Upheld (South West Wiltshire Liberal Democrats)

South West Wiltshire Liberal Democrats <info@swwiltshirelibdems.org.uk>

Custody Sergeant's Appeal Upheld

November 18, 2010 1:01 PM

Wiltshire police officer Sergeant Mark Andrews has been acquitted on appeal following an earlier conviction for assault.

The Appeal Hearing heard evidence from a number of witnesses in connection with the incident in the custody suite at Melksham 2 years ago which resulted in Pamela Somerville sustaining an injury to her face.

Mrs Somerville had been found in her car suffering from the effects of alcohol and she refused a breath test. She was taken to the custody suite at Melksham where she was very uncooperative and abusive .

Following the court decision Assistant Chief Constable Patrick Geenty said: "The public will understand that the environment within custody centres can be very difficult with hostility, conflict and violence towards staff often occurring. Whilst these conditions can never excuse or condone any form of unacceptable behaviour by Police Officers or Police Staff, it is important to put this difficult job performed on behalf of the public and this isolated incident into context.

When dealing with prisoners who are non compliant or suffering from the effects of alcohol or drugs there is often a need within the law to use reasonable and proportionate force. Our staff have to make quick decisions there and then without the benefit of hindsight, but ultimately it is right that the judge of what is reasonable or unreasonable is for the courts and the decision today is that the force used was not unlawful.

The use of excessive force by any member of Wiltshire Police will not be tolerated and immediately following the guilty finding of the original court on 13th July 2010, Sergeant Andrews was suspended from duty.

Whilst respecting the decision of the court today in upholding the appeal of Sergeant Andrews the force has decided that it is appropriate for an independent force to hold an internal conduct hearing in early December which will examine the conduct of Sergeant Andrews in respect of his dealings with Pamela Somerville throughout this incident.

Due to the public interest and high profile nature of this case the result of that hearing will be made public. Sgt Andrews will remain suspended from duty until the conduct hearing and in accordance with national Police Regulations he will continue to receive full pay for as long as he remains a member of the force.

Although this appeal hearing has concluded that no criminal offences had been committed we are determined to learn any lessons that emerge from this case and we welcome the fact that the Wiltshire Police Authority has commenced its own independent review of our custody practices. We will not shirk from our responsibility to continue to ensure that we provide a professional service to the public."