Tomlinson prosecution failure risks public cynicism about police

2.00.00pm BST (GMT +0100) Wed 28th Jul 2010

London Liberal Democrat MEP Sarah Ludford has written with her colleagues Tom Brake MP and Simon Hughes MP to the Director of Public Prosecutions about his failure to bring a prosecution against the police officer seen on video striking Ian Tomlinson who died shortly afterwards.

Local newspaper vendor Ian Tomlinson was walking home from work on 1 April 2009 when he got caught up in the G20 protests in the City of London.

Sarah Ludford said:

"The decision announced by the DPP not to bring charges concerning Ian Tomlinson's death - rather crassly, on the fifth anniversary of the shooting of Jean Charles de Menezes - seems to the public like a cover-up. It will damage even further the vital trust between citizens and the police."

"Tom Brake, Simon Hughes and I are urging the DPP to at least prosecute for assault or misconduct in public office if not homicide, to pledge to reconsider their decision if further evidence comes out of the forthcoming inquest, and to support any private prosecution by the Tomlinson family."

"The cases of Jean Charles de Menezes and Ian Tomlinson seem to show no real improvement in police behaviour since the Stephen Lawrence murder investigation failure in the 1990s and Blair Peach's death 30 years ago. Not only must the policing of protest radically change but there must be a revolution in attitudes to avert devastating public cynicism about the police."

ENDS

Letter delivered to Keir Starmer QC, Director of Public Prosecutions, on 28 July 2010:

Ian Tomlinson

We are writing with regard to the decision not to charge PC Simon Harwood in relation to the tragic death of Ian Tomlinson at the G20 protests on April 1, 2009.

We understand that four different charges were considered, but for a variety of reasons none of the charges were able to be brought against PC Harwood, and to this day he remains suspended on full pay.

We write this letter to ask several follow-up questions.

1. Are there any circumstances under which it would still be possible to press charges for common assault - after six months has elapsed? (We are curious to know what consideration was given at the outset of the investigation to the possibility that there was a deadline for pursuing certain potential offences including common assault. If it was not considered, at what juncture was the decision made not to press charges for common assault and how was this decision was made?)

2. What additional evidence would be required for the Crown Prosecution Service to consider bringing a charge of misconduct in public office? (Given that this requires conduct "[amounting] to an abuse of the public's trust in the office holder," we would like to know what actions should be regarded as an abuse of the public's trust and what criteria were used to set the "high threshold" for the offence of serious misconduct in public office in this particular case.)

3. Can you confirm that you will consider seriously any evidence which emerges during the inquest into Mr Tomlinson's death, and re-visit your decision not to prosecute in the light of this evidence? (Given that an officer was captured on video striking Mr Tomlinson with a baton and shoving him to the ground, we would be interested to know what new evidence would need to come to light in order for the CPS to consider pursuing a case against him.)

4. Is it possible for an individual now to initiate a private prosecution, and if so on which prospective charges, and would the CPS have any role in advising on or supporting any such prosecution?

We look forward to receiving your response.

Tom Brake MP

Sarah Ludford MEP

Simon Hughes MP