Legal News

A case which dated back to 2008 involving a former aircraft engineer Michael Doherty, 40, and two police officers of Hilingdon, West London has led to the two officers being summoned to appear before the Westminster Magistrate’s Court to face allegations.
Mr Doherty who accused the two officers of burglary, kidnap and false imprisonment on suspicion of harassing a colleague in September 2008 was granted the right to bring a rare private prosecution against the officers’ sergeant Gareth Blackburn, 38, and Detective Constable Stephen Macdonald, 42
The victim claimed that the officers had turned up at his house at 6.30 am, smashed his door with a battering ram in front of his terrified family before handcuffing him and dragging him to the police station.
Initially Mr Doherty was left frustrated when his calls to his local police station to know about an investigation in his complaint, which he claimed, were not progressing.
Subsequently he was accused of harassing a civilian police worker at the station, and the two officers arrived at his home to investigate the complaint.
When Mr Doherty refused to let the officers into his home, he alleges they broke down his door and forcibly took him into custody. He was later cleared of all charges but applied for permission to bring a private prosecution against the arresting officers.
The summons issued by District Judge Deborah Wright at Uxbridge Magistrates last month, stated that the two officers were accused of trespass and an attempt to inflict grievous bodily harm on the home owner.
The summons said that the officers were on the property as a trespasser and they threatened to smash down a glass-panelled door which the homeowner was holding closed.
They also threatened and used a battering ram in support of their threat of violence causing the occupants fear for their personal safety. They were accused of willfully having failed to perform their duty to such a degree that it amounted to an abuse of the public trust which they were placed with.
The summons also stated that the officers were alleged to have carried Mr Doherty away without any lawful authority and without the consent of the victim which accounted to kidnapping by using force. They were told that they had entered the private home unlawfully.
It was a rare case where a summons was issued against police officers as part of a private prosecution. Criminal cases are usually brought by the Crown Prosecution Service, but people can pursue their own actions under the Prosecution of Offences Act 1985. The officers, will remain on full duties, but are due to appear before Southwark Crown Court on October 19 for a Plea and Case Management Hearing.