A Metropolitan police sergeant who was filmed hitting a woman with a baton at the G20 demonstrations walked free from court today after a judge ruled he acted lawfully.

Delroy Smellie was suspended last year after video footage was posted on YouTube showing him back-handing a protester and striking her twice on the legs with his metal baton.

He was acquitted of assault by beating after a four-day trial in which his alleged victim, protester Nicola Fisher, declined to give evidence.

Smellie, from the Met’s territorial support group (TSG), a specialist public order unit, argued during his trial that he believed Fisher posed a threat to himself and fellow officers. He said he repeatedly struck Fisher, who was considerably smaller than him, after mistaking a carton of orange juice and digital camera she was carrying for weapons.

The district judge, Daphne Wickham, said there was no evidence that his use of the baton was not approved, correct or measured, adding that Smellie had a “mere seven seconds” to act, and other witnesses had feared for his safety.

Erm what? The TSG must be laughing themselves sick this morning. A big, burly TSG officer really, genuinely thought he had something to fear from a small, female protester attending a non-violent vigil for Ian Tomlinson? And a highly trained riot policeman really thought a carton of orange juice and a digital camera were weapons? Check out the video and see for yourself. Is there really any hope of justice for Ian Tomlinson?

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Last August the CPS was asked to consider whether the officer should be charged with manslaughter and, weeks later, Starmer promised swift action. “My view on these things is we should move quickly,” he said, adding that he hoped for a decision “in a few months”. CPS officials later told the Tomlinson family they could expect a decision by Christmas.

“Keir Starmer has let us down personally,” said Julia Tomlinson. “Why did he say there would be a decision around Christmas? Why are we still waiting? My kids need to move on from this. They’re left without a dad now and their lives have been turned upside down over the last year, especially the four girls. He doesn’t seem to realise the pain we’re going through.”

She added: “We feel like there was a cover-up from day one, and we didn’t see it because we were nervous about the police. Now a year on it still feels like all of that is still going on. If it had been someone on the street, a civilian, who had pushed and hit Ian just before he died, and it was all caught on video, surely something would have happened by now. The officer needs to go before a jury. Let them decide what should happen to him.”

She’s right of course. It’s cut and dried what actually happened, so why are they still waiting? On the other hand I would also suggest that the TSG officer who attacked Tomlinson wasn’t the only one who deserves to face justice for causing his death that day. Putting just that officer on trial would entirely miss the point that the Met’s behaviour that day was entirely normal, and the smears against the protesters and lies about Tomlinson himself a familiar refrain when the Met’s policing has caused death or serious injury. I’m still disgusted at how long Jean Charles de Menezes was blamed for his own murder, and how effectively the system closed ranks ultimately to justify it; the same result is likely here. De Menezes’ shooter has never been charged with a crime, despite committing perjury and murder, whilst his commanding officer was promoted. Julia Tomlinson really ought not to expect much better.

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but it’s finally been ruled unlawful and the Metropolitan Police are going to pay a heavy price:

The Metropolitan Police are facing a compensation bill of £250,000, after admitting a raid on a climate change group the day after the G20 protests in London last April was illegal.

Police burst into the Convergence Centre in east London carrying taser guns, and handcuffed protesters face down.The Met Commissioner admitted it was unlawful to arrest, search them, and force them to be recorded on film, but he refused to apologise to the protestors.

They were non-violent and there were no reasonable grounds for suspicion, but the Met didn’t care last spring. They’d decided, without any evidence whatsoever that there was going to be violent trouble, and went as far as indicating their preparedness to be violent in turn. Look at the story of Delroy Smellie:

The sergeant at the centre of allegations of striking a female protester with a baton during a heated exchange at last year’s G20 protest said he was acting in “self defence” after mistaking a carton of juice and camera for weapons, a court heard.

Sergeant Delroy Smellie, 47, said he struck Nicola Fisher, 36, in a “pre-emptive strike” after seeing both items in her hands. The confrontation outside the Bank of England, on April 2 last year occurred during a vigil for the death of Ian Tomlinson, a newspaper seller who died after inadvertently getting caught up in a demonstration the previous day. Mr Smellie, an officer in the Met’s elite Territorial Support Group, is accused of common assault by beating. He denies the charge, and his lawyers insisted they would argue he was acting in self-defence.

A highly trained riot police officer mistook a carton of juice and a camera for weapons eh? Check the video out and decide for yourself if he’d decided on his course of action in defiance of the evidence in front of him. Now then, why aren’t we still talking about Ian Tomlinson, whose death was directly caused by Met brutality?

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“They want to be seen as the best and they want to be the best – and of course when anybody challenges them about it, they feel it very personally,” he [Head of the Metropolitan Police Territorial Support Group, Commissioner Chris Allison] said.

They want to be seen as what they are… the overwhelming majority are highly professional cops who go out on the streets to protect communities.”

Pardon me for finding it absurd then that if they want to be seen to be ‘the best’ then they shouldn’t go around either wantonly beating unarmed, non-violent protesters or killing innocent passers-by. If the overwhelming majority of the TSG really are highly professional it seems rather odd that the reports of extreme violence from within their ranks should be coming out with such regularity, with so little then done to change the behaviour of the unit.

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The TSG has been the subject of 5,241 allegations since August 2005. They include 376 allegations of discrimination and 977 complaints of “incivility”. More than 1,100 of the allegations concerned what members of the public said were “failures in duty”. However by far the largest number of complaints – 2,280 – were categorised as “oppressive behaviour”.

Just over 2,000 (38%) were “unsubstantiated” by the Met’s department for professional standards, while the rest were resolved at the police station, dismissed, discontinued or dealt with in other ways.

It left just nine complaints ‘substantiated’ by the Met. The Met responded to the figures:

Senior Met officers say the TSG’s work, involving drug raids and demonstrations, means they are more likely to face complaints than other officers.

Of course this is a ludicrous defence, which would suggest a thoroughly implausible situation whereby thousands of people regularly make unfounded allegations against the TSG – the unit’s attack on Babar Ahmad was only the tip of the iceberg. And Ahmad’s lawyer Fiona Murphy points out why:

The reasons are clear: the commission continues to rely upon poor-quality local police investigations and adopts a decidedly “arm’s length” approach to its supervisory and management responsibilities. In consequence, it has failed to identify the inadequacies in those investigations at a sufficiently early stage to have any prospect of remedying the evidential deficiencies. This formal system is permeated by a lack of will, and the outcomes stand in marked contrast to the redress achieved by individual victims on their own account in the civil courts.

Compensation claims are a flawed and inadequate response and have proven wholly ineffective in the face of oppressive and discriminatory abuse of powers by the TSG. Officers continue to enjoy an effective immunity from criminal and disciplinary sanction.

Babar Ahmad’s attacker continues to get away with it, and Ian Tomlinson’s attacker has still not faced justice for his actions. For all the Met’s mealy mouthed words about changes in policing after the G20 fiasco, they’re still quite literally getting away with murder.

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A police officer who allegedly struck a woman during the G20 protests in London a woman is to be charged with assault, the Crown Prosecution Service said today.

A CPS spokeswoman said Sergeant Delroy Smellie would be charged with assault of Nicola Fisher and he will appear at Westminster magistrates court on 16 November. He faces up to six months in prison if found guilty.

Smellie, a member of the Metropolitan police’s territorial support group, was suspended from duty two months ago after footage emerged of him near the Bank of England, apparently hitting Fisher, 35, with the back of his arm.

He was also shown appearing to strike her on her legs with a baton as she attended a vigil for the newspaper seller Ian Tomlinson, who had died the previous day. She said the incident left her with severe bruising.

Of course he’ll get off, or he’ll become the scapegoat that his renowned colleague has long been expected to become. What must be remembered is that both officers, although behaving in an unacceptably (and unnecessarily) violent manner, were operating under the presumption that this was acceptable behaviour. Don’t forget how the force trailed its intention to be violent that day. The CPS can’t be allowed to get away with making this their only notable prosecution against the Metropolitan Police after their calamatous handling of the G20 protest.

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