The anniversary of a protest death
A year on since the death of Ian Tomlinson: there have been reforms, but his family still want justice.
By Aled Thomas
A year ago today a 47-year-old newspaper vendor from east London was walking home through the city when he was struck on the legs and then pushed to the ground by a baton-wielding officer.
Ian Tomlinson died of an abdominal haemorrhage just hours after being pushed over.
The officer, a member of the Met’s Territorial Support Group, who may have removed his collar number, has not been publicly named. Although he has been interviewed, no charges have yet been brought.
And yesterday another TSG officer, Sergeant Delroy Smellie was acquitted of assault having been charged with hitting animal rights activist Nicola Fisher twice with a metal baton.
He had been filmed striking Ms Fisher, 36, who lives in Brighton, at a vigil in London held for Mr Tomlinson the day after his death.
Mr Tomlinson’s wife Julia has criticised the director of public prosecutions Keir Starmer for the fact that no charges have been brought against the officer who struck her husband.
She said: “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.”
Since clashes between police and protestors around the G20 conference last April there has been significant criticism of what many see as confrontational police tactics.
The chief inspector of constabulary Denis O’Connor released a 200 page report in November saying that ‘unfair, aggressive and inconsistent’ policing of protests risk’s losing the public’s consent to be policed.
He added: “This harms not just the reputation of the individual officers concerned but the police service as a whole.”
Two weeks ago the London Civil Liberties Panel, which was set up by the Metropolitan Police Authority following the G20 protests, produced its first report on public order policing.
One of the report’s key recommendations said: “The tactics and powers used by the police before, during and after these demonstrations came in for considerable criticism.
“Better communication with protestors during demonstrations would go some way to addressing the problems identified, but there is also scope to consider whether some tactics and powers are inappropriate for use in public order situations.”
It also said that officers who hide their collar numbers should be disciplined and that they should be trained to understand the rights of peaceful protestors and of journalists to cover events such as the G20 and Climate Camp protests.
It is understood that senior police officers, particularly in the Met, have lobbied politicians to be allowed to carry on using ‘kettling’, as they believe that it is effective in maintaining public order, particularly when faced with emotionally charged protests such as the 2000 Mayday confrontations.
A spokesman for the Metropolitan Police said the force was looking at its tactics in the light of the critical reports: “We are committed to meeting the challenge of balancing the right to demonstrate against the right of people to go about their business.
“The HMIC report into the G20 protest, along with other reviews, has provided us with a valuable framework to move forward our public order policing.
“In the main, the thousands of protests held on London’s streets pass off without notice due to planning with the organisers.
“The MPS has a long tradition of upholding the right to protest, and that will continue.”
Yesterday, Sgt Smellie walked free from court after a four day trial when a judge at Westminster Magistrates Court said he had been acting in legitimate self-defence.
District judge Daphne Wickham said: “It was for the prosecution to prove this defendant was not acting in lawful self-defence.
“The prosecution has failed in this respect and the defendant has raised the issue of lawful self-defence and as such is entitled to be acquitted.”
A Met spokesman added that Sgt Smellie’s suspension has now been lifted and he will return to operational duties, but it is yet to consider whether to bring misconduct charges in light of an Independent Police Complaints Commission report.
This verdict, and the ongoing wait to see what happens in the case of Mr Tomlinson is sure to keep the issue of public order policing, and tactics such as ‘kettling’, high on the agenda, particularly as we approach Mayday, the summer solstice and other traditional flashpoints.
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