What a cop out...
#121
Is this the "Jury of his peers" argument? I'm sure a jury made up only of coppers would be somewhat beneficial to his cause, but even they may have a hard time with the perceived physical threat aspect of the juice carton.
#122










Joined: Aug 2005
Posts: 14,227











rae, I asked this before. I'd like an example of something from her past that could possibly have bearing in this case - something that officer smellie would have to have known about at the time of the beating to justify it? I can't think of one thing, but I'm not a legal expert.
#123
but i am not talking as much about the incident as the way it is being tried in public and the nature of the evidence being presented, this guy has been convicted before he ever sees the light of a courtroom.
i don't think i have said anywhere he is justified in what he did, because if it happened exactly as it was portrayed then clearly he has lost it momentarily and lashed out. i would not try to defend that as it would be clearly wrong of me.
#124

don't give me that cack, Iain. You know as well as I do that there are certain people who will protest about just about anything. The cause is irrelevant, it's just a jolly day out shouting at The Man.
He obviously cant come out and say she annoyed the tits off him so he hit her, as that would be assault, so we have the orange juice carton perceived as weapon thing in order to justify bringing her down.... but I dont think thats helping his credibility any. Has he even said with hind-site that it was a mistake and that he regrets his actions? That would go a long way in helping him in the court of public opinion I think.
Last edited by iaink; Mar 25th 2010 at 9:04 am.
#125
Yes, it does. If I did that to somebody then I would get done for assault.
The defenders on this board will probably say coppers should be held to a higher standard than the general public because of the power they have (in fact I think rae even said this). They then go on to describe how they should actually be held to a lower standard (as dbd said) because their job is difficult and frustrating - well get another job then as beating young girls half your size with a truncheon is not the behaviour of hard case no-nonsense coppers.
The defenders on this board will probably say coppers should be held to a higher standard than the general public because of the power they have (in fact I think rae even said this). They then go on to describe how they should actually be held to a lower standard (as dbd said) because their job is difficult and frustrating - well get another job then as beating young girls half your size with a truncheon is not the behaviour of hard case no-nonsense coppers.
the police should be held to a higher account absolutely, but this should come also with some acceptance that they will find themselves in situations on a regular basis that the average citizen will not. if you police these events over and over again year after year then sooner or later something like this is going to be happen. should that excuse his actions, no of course not, but i do think this should be taken into account.
with regard to the higher standards you will see much higher and more severe punishments handed out to the police over a civilian. drunk driving for instance, instant job loss. not many other occupations do that.
#126










Joined: Aug 2005
Posts: 14,227











i'm not trying to excuse what he did alan, and his prior knowledge of her does have a bearing with regard to the ACPO use of force model. such as a prior occasion where he may have arrested her for assault, then found she had a weapon hidden on her. on seeing her this day and recognizing her, it would be perfectly reasonable given the past encounter to suspect a higher level of force may be necessary to achieve his aim.
but i am not talking as much about the incident as the way it is being tried in public and the nature of the evidence being presented, this guy has been convicted before he ever sees the light of a courtroom.
i don't think i have said anywhere he is justified in what he did, because if it happened exactly as it was portrayed then clearly he has lost it momentarily and lashed out. i would not try to defend that as it would be clearly wrong of me.
but i am not talking as much about the incident as the way it is being tried in public and the nature of the evidence being presented, this guy has been convicted before he ever sees the light of a courtroom.
i don't think i have said anywhere he is justified in what he did, because if it happened exactly as it was portrayed then clearly he has lost it momentarily and lashed out. i would not try to defend that as it would be clearly wrong of me.
#127
just for your amusement the worst assault i suffered was from a 18yr old slip of a girl who as i turned my back on her picked up a pool ball and smacked me on the back of the head with it. judge a book by its cover at your peril.
#128
I have to admit that it concerns me somewhat that a serving police officer can't see the wood for the trees. You are usually the epitome of sensibility. OK, you aren't, but I've got to make you feel good somehow
#129
Ahem. Police are civilians. The forgetting of which, I respctfully suggest, is at the root of much of the negative vibes from protestors such as Little Miss Lentils.
#130










Joined: Aug 2005
Posts: 14,227











I doubt you beat her with your big stick because of it. Although I bet that was the last time you turned your back on potential assailants even slips of girls.
#131
hows that.
#132
rae, I asked this before. I'd like an example of something from her past that could possibly have bearing in this case - something that officer smellie would have to have known about at the time of the beating to justify it? I can't think of one thing, but I'm not a legal expert.
#133










Joined: Aug 2005
Posts: 14,227











i think its a complete joke and he is making himself and the rest of us look like total tools. i've been in the shit a few times and the best advice i ever had from an old inspector was fall on your sword. if you have done wrong cough it and move on, we all make mistakes. what he should be saying is in the heat of the moment, in a highly charged situation, fearing for his safety he lashed out. (don't forget there was more than her there, off camera to the left of the screen is where he initially faces) in hindsight this was unreasonable, unjustified and unwarranted and will accept whatever comes his way to make up for it.
hows that.
hows that.
#134
The video evidence is damning - he overstepped the mark considerably. You might argue mitigating circumstances, but that won't change the fact that it looks like assault. fwiw I don't think he deserves prison or anything like that, although he does need to be punished, but given that this is probably career ending for him and all he has to look forward to is a life of security work I think that is more (well a lot more proportionate to the harm caused) than enough.
#135
The only issue here is whether he acted reasonably, not whether she had past convictions for anything.
I have to admit that it concerns me somewhat that a serving police officer can't see the wood for the trees. You are usually the epitome of sensibility. OK, you aren't, but I've got to make you feel good somehow
I have to admit that it concerns me somewhat that a serving police officer can't see the wood for the trees. You are usually the epitome of sensibility. OK, you aren't, but I've got to make you feel good somehow

that will be 10 grand and a law degree please sir.




