April 2009- Channel 4 News has learned that the IPCC asked to be present during the first post mortem examination carried out on Ian Tomlinson but the coroner refused. He had the legal right to do so but who told him to keep the IPCC out?
July 2010- Dr Freddy Patel is accused by the General Medical Council (GMC) of bungling four other post-mortem examinations between September 2002 and January 2005. He has been suspended from the Home Office register of forensic pathologists and barred from examining others who have died suspiciously.The GMC hearing focuses on his actions during post mortems on four bodies, including a four-week-old baby, a five-year-old girl and two women. He is accused of giving questionable verdicts on the causes of deaths, several of which later turned out to be suspicious. [He has previously been reprimanded by the GMC, after he released medical details about a man who died controversially in police custody.]
July 2010- In a detailed letter setting out its reasons, the CPS said that the actions of the officer – seen striking Tomlinson with a baton then shoving him to the ground in the footage – amounted to assault. It said: “The CPS concluded that there is sufficient evidence to provide a reasonable prospect of proving that the actions of PC ‘A’ in striking Mr Tomlinson with his baton and then pushing him over constituted an assault. At the time of those acts Mr Tomlinson did not pose a threat … There is sufficient evidence to provide a realistic prospect of proving that his actions were disproportionate and unjustified.”
But the CPS went on to explain the obstacles to a prosecution posed by the subsequent postmortems. The first police account that he died from a heart attack was confirmed by a pathologist, Freddy Patel, in the initial postmortem. But a second postmortem, conducted on behalf of the Independent Police Complaints Commission (IPCC), found Tomlinson died from internal bleeding.
The CPS said it could not bring a manslaughter charge because the conflicting medical evidence meant prosecutors “would simply not be able to prove beyond reasonable doubt that there was a causal link between Mr Tomlinson’s death and the alleged assault on him”.
It said it could not bring a charge for criminal assault because too much time had elapsed: a charge must be brought within six months. The CPS also ruled out bringing charges of actual bodily harm, and misconduct in public office.
- Appoint dodgy pathologist and keep even the tame IPCC out, given Patel’s problems it is likely the Met had leverage on him.
- Time, ensure a long delay so even ancillary charges cannot be brought.
- Use the conflicting post mortems you know will occur (see 1) to derail any serious charges from CPS (also bearing in mind the Met did some kind of deal over the bugging affair of Coulson, Cameron, Murdoch ‘blagging bank accounts, bribing police officers, procuring confidential data from the DVLA and phone companies, and trading sensitive material from live police inquiries.’ So it will have capital to spend on protecting itself from prosecution.)
And don’t forget-
The officer lied and evaded vetting so that previous unnecessary force case was wilfully ignored by the TSG (who are largely untouchable only 9 out of 5,000 complaints over the last 4 years were upheld, they are the rebranded Nazi regalia loving SPG who killed Blair Peach) , hid his badge number and his face. The cops obstructed the ambulance, because a dead man cannot be a witness? The IPCC lied about CCTV evidence and only launched an ‘investigation‘ when the Guardian & Ch4 picked up on online media that already had video and testimony of the killing. The Tomlinson family have quite reasonably and correctly called this a cover up-
Tomlinson’s stepson Paul King, flanked by his mother, Julia, who was struggling to hold back tears, said: “It’s been a huge cover-up and they’re incompetent.”
The family’s solicitor, Jules Carey, said:
The CPS decision is a disgrace. They have accepted the officer’s conduct is unlawful, but have determined not to prosecute him for anything. We shall examine this decision and challenge it if possible. There must be an inquiry into whether the failure to charge is a lack of competence or of will.
And just to show how arrogant they are about their impunity all of this is on the fifth anniversary of the murder of Jean Charles de Menezes, clearly this was timed to get both news items out of the way simultaneously, like ripping a plaster off in one go, get it done quickly and then in the words of another cover up merchant time to ‘look forward’. It should also be noted this was at a G20 protest (although Tomlinson was not involved, such was the scattergun violence & prejudice of the TSG), austerity will be enforced with ultimate sanctions is the message dear fellow serfs.
Update: Guardian reported on 19th August 2010-
There is mounting pressure for the inquest into Tomlinson’s death to be taken out of the hands of the coroner, Paul Matthews. Lawyers, politicians and supporters of the Tomlinson family have questioned the independence of Matthews and called for a high court judge to be placed in charge of the case.
Matthews has consistently refused to explain why he chose Patel to conduct the first postmortem. He declined to take part in the BBC programme, which also found that he refused two IPCC officials access to the original postmortem while it was being conducted by Patel.
The Report, which will be broadcast at 8pm, also points to City of London police involvement in the selection of Patel. The force, which ran the initial investigation into Tomlinson’s death and tried to convince his family there was nothing suspicious about his collapse, “approved” the appointment of Patel and paid £2,500 toward his fee.
Update: 14th October 2010-
Director of Public Prosecutions, Keir Starmer QC, has today said the DPP will not reopen the prosecution of PC Simon Harwood.
In a letter sent to Green Party Assembly Member Jenny Jones, Starmer confirmed that the DPP has decided not to reopen the prosecution of the Met Police officer, PC Simon Harwood, in light of the GMC decision to suspend Dr. Freddy Patel.
Starmer told Jones that he will wait to see if the coming inquest will throw up any more facts.
Jenny Jones has released this statement:
It is frustrating for the family, but the Crown Prosecution Service are limited by the actions of an incompetent pathologist. The effect of Dr Patel’s changing his evidence six months into the process was to undermine the CPS’ case for manslaughter, whilst leaving them unable to pursue the lesser charge of assault against a police officer who clearly struck an innocent bystander with his baton and pushed him to the ground.
It is astounding that Dr Patel failed to keep samples of blood to support either his initial findings, or his changed findings.
The family’s only hope for justice is that new evidence will emerge from an early inquest, but even that appears subject to further delays.
