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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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On June 18th 2010 two guys walk past 11 police officers standing

Customer Question

On June 18th 2010 two guys walk past 11 police officers standing outside my bowling alley and come into the bar and start a fight, within 1 minute and six seconds the police rush in (they say they were invited) and the fight stops.
None of the fighters are arrested, one of the customers tries to get involved and is restrained by my son a license holder, the police arrest then releases the customer on bail.
He then claims to have been assaulted during the restraining and the police arrest my son on four charges, and is driven to a police station where he is held overnight.
At 10.33pm I go outside and see all the police not knowing my son has been arrested, when the public have left the presence of the police I approach them and ask them what have you done to my business,and shortly after was arrested for section five and was also taken away still unaware my son had been arrested.
The next day we were released having both pleaded not guilty.
Shortly after a police officer accidently gave us a cctv disc which showed the time and events of that evening, which showed the time of my arrest was 13 minutes different from there statements and showed the statements were clearly fabricated, furthermore the camera discontinued working at exactly the time of arrest until my son was escorted away, later when we went after the master copy with a solicitor as advised by the monitoring office they informed him that the police surprisingly had visited and had the disc destroyed.
Many months later an inspector visited and verbally apologised for their behaviour to which I replied that the adverse publicity had seen the turnover nosedive and I would sue them when convenient.
To continue the police followed on with issuing a licence review shortly after the 18th but having the disc I was able to show to councilors that the evidence was tainted and all court charges and licence review were dropped.
In eight years that still has been the only disturbance in our establishment, however information has come to us that they are determined to get me, and close my establishment
You will ask what have we done to wind them up, all I can think is in April 2010 the police failed to follow up on a theft of a till from us, despite cctv and an address supplied to us, when I wouldn't release the name of the informant I was described as uncooperative yet the offender was eventually arrested for armed robbery after we again informed them of his new address, obviously the papers picked it up and I believe that's why they did what they did on the 18th june.
I have the disc and a transcript taken from council officers when monotoring my establishment for noise which implicates the police.
It is unusual to have all this evidence what are my chances of redress for the stress, reputation, and recorded downward slide of my business
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : How can I help with this please?
JACUSTOMER-kxki0zgm- :

No problem look forward to your answer

AlexWatts2013 : Sorry I am asking what is it you want to achieve?
JACUSTOMER-kxki0zgm- :

I believe the answer is in the last paragraph.

AlexWatts2013 :

Yes, I just need to understand where we are now, have the Council refused your licence, or has nothing happened and you want to take action please?

JACUSTOMER-kxki0zgm- :

Dear Alex

JACUSTOMER-kxki0zgm- :

Dear Alex,

JACUSTOMER-kxki0zgm- :

Dear Alex

JACUSTOMER-kxki0zgm- :

Dear Alex what do specialize in law.

AlexWatts2013 :

I work for a local authority

AlexWatts2013 :

Which deals with licencing matters and criminal law

JACUSTOMER-kxki0zgm- :

Dear Alex

AlexWatts2013 :

Hello

JACUSTOMER-kxki0zgm- :

what I am asking you is, based on the story I have told , were the police acting unlawful? and if the council's cctv was tampered with as we believe have we a case against them as well. Don't forget the police apologised to us for their behaviour The licence review was dropped only because it was unsafe to progress as the evidence was fabricated as the councilors saw when the looked at the cctv disc and compared with the statements of the police

AlexWatts2013 :

Was it unlawful - no. This is because all the Police need is a reasonable suspicion to arrest someone. If there have been allegations and counter allegations one or both party could be arrested. But the threshold test for being arrested is a very low bar indeed so as long as they think someone has, is or would commit an offence they can be artrested.

AlexWatts2013 :

I agree their behaviour is appalling but that in itself does not tend to lead to unlawfulness. If the CCTV was tampered with and the Police know or were involved then a complaint could be made to the Independent Police Complaints Commission (www.ipcc.gov.uk) who investigate such matters. Council wrong doing can also be reported to the Local Government Ombudsman (www.lgo.org.uk).

AlexWatts2013 :

It sounds like this is a mixture here which is why you should complain to both the IPCC and LGO to allow them to fully investigate your complaints. If there has been a coverup or evidence tempering then proceedings can be brought against those individuals for misconduct in a Public office or Perverting the course of justice.

AlexWatts2013 :

Can I clarify anything for you today?

JACUSTOMER-kxki0zgm- :

The witness statements of the police conflicts with the exposy of the cctv not only with

AlexWatts2013 : Yes but that is a matter of evidence. Does not in itself suggest a coverup.
JACUSTOMER-kxki0zgm- :

The witness statements of all five officers is contradicted by evidence of the camera all witness statements are so similar indicating the police officers were colluding with each other even the time of arrest that was stated by all officers was13 minutes out.

AlexWatts2013 :

That is a matter which the IPCC can consider and if they find misconduct then it may be they suggest that another Force reviews the evidence with consideration to a prosecution. But it is the IPCC that would need to deal and review this matter.

AlexWatts2013 :

Can I clarify anything?

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