3 May 2011

Call for Tomlinson trial after unlawful killing verdict

Ian Tomlinson’s family say they want to see Pc Simon Harwood go on trial for manslaughter after an inquest jury ruled he killed the newspaper seller unlawfully.

The family of newspaper seller Ian Tomlinson have called for a manslaughter trial after an inquest into his death at the G20 protests in London ruled he was unlawfully killed by Pc Simon Harwood.

The Met Police officer used “excessive and unreasonable” force in hitting Mr Tomlinson with a baton and shoving him to the ground, the jury said, despite the fact that the 47-year-old victim posed no threat.

The Director of Public Prosecutions, Keir Starmer, is to review the decision not to prosecute Pc Simon Harwood for his role in Mr Tomlinson’s death.

A spokesman said: “The Director of Public Prosecutions, Keir Starmer QC, made it clear last year that the decision not to prosecute anyone in relation to the death of Mr Ian Tomlinson would be reviewed in light of the evidence heard at the inquest. That review will now take place and will be thorough.”

The jury ruled that he acted illegally, recklessly and dangerously in shoving Mr Tomlinson to the pavement.

Mr Tomlinson’s stepson Paul King said: “I would like to go to court and continue with the manslaughter charges.”

The inquest jury ruled that Pc Harwood acted illegally, recklessly and dangerously in shoving Mr Tomlinson to the pavement.

They rejected evidence from the officer and from pathologist Dr Freddy Patel, which could prompt reviews by both the Crown Prosecution Service and the Metropolitan Police.

Mr Tomlinson, 47, collapsed and died at the demonstrations in central London on April 1, 2009.

More from Channel 4 News – Ian Tomlinson: timeline map


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Video footage

The death sparked controversy after New York businessman Christopher La Jaunie handed footage he had taken of the police confrontation to the Guardian newspaper.

A few days later, Channel 4 News released video which appeared to show a “missing moment” shortly before Tomlinson’s death.

CCTV images, police helicopter footage and hand-held video recordings also show Mr Tomlinson cutting a lonely figure as he staggered away from a police cordon after being hit with a baton. He had been turned away from a line of officers with his hands in his pockets when Pc Harwood hit out.

Footage shows Mr Tomlinson gesturing to police and appearing angry after being sent tumbling to the ground. He eventually collapsed flat out and muttered “they got me, the f****** got me”, before dying minutes later.

Giving evidence at the inquest, fellow police officers told the jury they had been shocked by Pc Harwood’s actions.

Pc Kerry Smith said: “He (Mr Tomlinson) sat up and looked towards us and he said ‘I just wanted to go home’.”

Pc Harwood apologised to family members for “any way” he may be responsible for the death.

But relatives’ lawyer Matthew Ryder QC said he told “half truths” and “deliberately painted a false picture of Mr Tomlinson”. He added: “I am going to suggest to you that you are not here to help Mr Tomlinson’s family but to help yourself.”

Mr Tomlinson, who was born in Matlock, Derbyshire, was an alcoholic with a series of medical complaints who had slept rough for 20 years.

Read more - Special report: the Ian Tomlinson inquest

Dr Patel initially found the death could have been from natural causes because the dead man had coronary artery disease and could have died at any time.

Another two pathologists, Dr Nat Cary and Dr Kenneth Shorrock, later carried out their own post-mortems and came to a different conclusion. Dr Cary said Mr Tomlinson could have been pushed so he fell with his right arm trapped under his body, hitting his liver and causing it to bleed internally.

Pc Simon Harwood disputed the jury’s verdict, saying in a statement that he “did not intend, or foresee at the time, that his push would cause Mr Tomlinson to fall over, let alone that it would result in any injury”.

Rose Fitzpatrick, the Met’s Deputy Assistant Commissioner, confirmed that misconduct proceedings will now be launched against Pc Harwood. She said Mr Tomlinson’s death is “a matter of deep regret” for Scotland Yard and expressed her “profound condolences” to his family.