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Saturday, April 03, 2010

Police Officers Must Face Trial by Jury



I don't think I'm the only one gawping in disbelief at yesterday's acquittal of Delroy Smellie, a sergeant in the Territorial Support Group of the Metropolitan Police. He was accused of assault after hitting Nicola Fisher at a protest in London on 2 April last year. She had gathered with others to commemorate Ian Tomlinson, who had died after being pushed over by police at the G20 protests the day before. Sgt Smellie hit Fisher across the face with the back of his hand, then twice on her legs with his baton, knocking her to the ground.

The judge, Daphne Wickham, said, "It was for the prosecution to prove this defendant was not acting in lawful self-defence. I have found the prosecution has failed in this respect and the defendant has raised the issue of lawful self-defence and as such is entitled to be acquitted." There was no jury.

In other words, Smellie was acquitted on the grounds that he was acting in self-defence. All I have to go on is the video evidence, but, having watched it several times, I find this verdict amazing.'

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