Disabled man cleared of Pc attack

Martin James was photographed by a newspaper as he was arrested

A disabled man has been cleared of hitting a police officer in a row about how a police van was parked.

Martin James, 47, from Carmarthen, in west Wales, had called the press to photograph a police van he said was causing an obstruction near his home.

He was cleared of a public order offence and assaulting a police constable at Carmarthen police station.

Magistrates in Llanelli said Mr James was "reacting" to being lifted out of his wheelchair by three officers.

During the trial, magistrates heard Mr James was having his photo taken for a local newspaper next to a police van when the row started and led to his arrest.

Mr James, who lived in a nearby street, had contacted the paper to complain about the way the van was parked in the cul-de-sac.

Prosecuting, David Haines said at around 1500 on 19 May, an off-duty officer was returning to his house in the Llangunnor area.

They treated me worse than an animal - they just threw me into the police van onto the floor Martin James

He noticed Mr James near to the police van and a photographer from the Carmarthen Journal taking his picture.

When the officer approached him and asked what he was doing, Mr James became "abusive and very agitated," said Mr Haines.

The van belonged to another off-duty officer, Andrew Edwards, a police dog handler, who lived in the cul-de-sac. Pc Edwards was called and around the same time, a CID officer, who was passing, also stopped.

Pc Edwards told the court the van was parked at the top of his drive, with two wheels on the pavement, which was on a private road, maintained by himself and his neighbours.

Martin James said he was angry at the way he had been treated

He told the court that Mr James became abusive before officers restrained him, lifted him out of his wheelchair and put him in the back of the police van.

But Mr James's carer told the court it was the officers who first acted aggressively to Mr James.

Mr James told magistrates his arms were "wrenched" behind his back and he was "thrown" into the van.

"I was screaming in pain," he said.

"They treated me worse than an animal - they just threw me into the police van onto the floor."

The police alleged the assault took place as Mr James was taken into custody at Carmarthen police station.

He accepted he "accidentally" made contact with an officer but denied assaulting him.

Peaceful manner

The court heard Mr James has hydrocephalus - water on the brain - due to smallpox vaccine damage he suffered when around six months old.

Delivering their verdict, the magistrates found that up until the off duty officers intervened, Mr James was acting in a peaceful manner.

Chair of the bench, Margaret Davies said: "We are of the opinion that Mr James's behaviour was a reaction to the restraint procedure, the pain, and the fact he felt he was being treated with disrespect by the three officers when he was lifted out of his wheelchair and onto the floor of the police van."

Turning to the allegation of assault, Ms Davies said they again found the case unproven.

She said: "We have viewed the CCTV camera (footage) several times, we cannot say that the contact was intentional."

Speaking after the verdict, Mr James said: "I'm exceptionally pleased. In my opinion, it should never have gone to court. The police dog van was obstructing the pavement."

He said he was still angry at the way he was treated.

"I hope that they (the police) have learnt a lesson but I doubt that very much."

A spokesman for Dyfed-Powys Police said: "A complaint has been received and an investigation is ongoing - therefore it would be inappropriate to comment further at this time."