Sure, I was arrested in 2013 for, I was told, sending my ex wife an email complaining that she had stolen some toys belonging to my 5 year old stepson and posting on YouTube a video of her assaulting me. In both cases I was the victim of her abusing me and extraordinarily I found myself being arrested for objecting to being abused. In the event I was charged in relation to the video supposedly because it was "grossly offensive". This was utter rubbish, it was not and the court found there was no case to answer and subsequently Keir Starmer apologised agreeing that I should not have been charged. I am proposing to sue the police for wrongful arrest and have a contingent fee solicitor on the case. However, I want to be confident of winning so am trying to work out exactly why I was arrested as what I was originally told - the email and video - are just too flimsy grounds. I complained about my arrest to the police but the response was a meaningless whitewash. I took it to the IPCC who agreed that the email and video could not justify the arrest but said that the police told them that there was also "further information" that lead to them deciding to arrest me. However neither the IPCC nor the Police will tell me what that Further Information was. I understand I have a right under Human Rights Act to be told why I was arrested and so wish to enforce that right against the IPCC and the Police. I have sued organisations in the small claims court before and prevailed (e.g. vs Natwest) but dont know what form to use and which court to apply to to sue the IPCC and the Police. Also, would be handy to know of any human rights precedents so I can see how the courts apply the right to know reason for arrest. Hope that makes sense, thanks
They lied. My investigations using Subject Access Request and IPCC revealed that there was this "further information" that was the reason for the decision to arrest, not what I was told at the time which was just too flimsy to justify arrest. But what this "Further Information" was is being withheld from me. My ex wife's brother was a senior police officer and I believe I was arrested as a "favour" to a mate in the force. Now they are protecting each other making it difficult for me to get to the truth. I see no alternative than to sue them, please tell me how to go about it, both in regards ***** ***** IPCC and the MPS. They are both public bodies so should be subject to the act. thanks
I agree with all you say and I do have a solicitor ready to sue the Police for wrongful arrest.
The solicitor will not charge if I lose, but I could face Police costs. They have offered £2,500 but that is moot. I am a respectable man with a public profile and a reputation to protect. I don't care about the money, I want my name cleared, fully, without reservation. The arrest and wrongful charge lost me a lot of friends and damaged my relationships with my children. So, I will have to go to Court. But before I do I want to know exactly what their case will be. In that context the IPCC agreed that the reasons I had been given for my arrest were insufficient to justify arrest, but they then had a private call with the Officer who made the decision to arrest me who said there was "further information" and the IPCC felt that this further information DID justify my arrest so they did not uphold my appeal. I do have the CRIS reports. The email and video had both been reported by my wife months before the arrest decision. Both were dismissed as not crimes. Then in October 2012 we have the following entry: "After consultation with DI Teodorini, it has been decided that this matter be re-opened and investigated. VIWI [about 8 words blanked out] has reported further incidents with VIW2 some of which amount to harassment. I have therefore added VIW2 as Suspect 1 on this report and will refer to him as Suspect 1 from now on. A request has therefore been sent to the CMU to have this crime report reclassified as harassment." Now, it is the case that the wife made a statement to the police around this time, but it re-hashed matters she had raised before - the email, the video and she complained that I was harassing her by my solicitor writing to hers in the divorce case (this had also been dismissed before). So there were no "further incidents". I must have a right to know what they were as I was arrested and charged, and then to sue either the Police or the ex wife accordingly. But at this stage I need to know how to find out what were these further incidents, surely HR law gives me that right? How then do I enforce it? thanks
possibly, but at this stage I don't know whether the wife actually made other allegations which were false or whether she just made the same allegations a second time and the Police were influenced by her claims of "distress" and over-reacted. We wrote to the Police solicitors and they claimed Mrs Ainsworths statement was the "further information" - but it contains no further information, its just a re-hash of old allegations, so I suspect them of lying (sorry, I have completely lost faith in the integrity of the police).
This is why I feel I first need to find out for definite, under a Court Order, what these supposed "other incidents" were. Is the Human Rights Act truly useless? I would have thought that the IPCC, in particular, will capitulate as soon as they are served - it really cannot look good for them to be withholding information about why I was arrested - but dont know what form to use and which court to apply to to enforce my HR rights.
In relation to the police, getting compensation will not help me clear my name with friends and family, its just not about money.