Anthony Painter

Perhaps it’s one of the most extraordinary coincidences in recent times- a tragic one at that. The world’s media’s eyes are on the City of London and there is an edgy confrontation between riot police and protesters. The police have been here many times before and know that the anti-globalisation protesters are intent on provocation and, in all likelihood, the destruction of property. Their job is simple: to maintain order. And with a raft of anti-terrorist legislation in their armory they intend to do it.

Into this scene wonders Ian Tomlinson- on his way home to the Isle of Dogs. In the tension of the moment- in the wrong place at the wrong time- he is struck with a police baton on the back of his leg and falls to floor. The police officer is clad with a balaclava and their badge is blacked out (gender is indeterminate.) Ian Tomlinson has his back to the officer when he is struck. He crawls away in perplexity and later, and utterly coincidentally, 100 yards from the attack, he dies.

What we are asked to believe is that there no link between event one- an unprovoked attack on Ian Tomlinson- and event two- Ian Tomlinson’s death. That is what the pathologist, Freddy Patel, brought in by the City of London coroner concluded. It was one of the more remarkable coincidences since Julius Caesar, having been stabbed in the back by Brutus, also suffered a fatal stroke just a few seconds later. These coincidences happen.

So let’s applaud the CPS for a decision not to pursue a manslaughter case again the police officer concerned. Sure there is video footage showing the whole chain of events. Here it is:

Inconclusive I’m sure you’ll agree. And let’s not ignore the second bizarre coincidence in this case. The original pathologist, Freddy Patel, is appearing before a GMC misconduct disciplinary hearing. Oh, and a second pathologist report concluded that Ian Tomlinson did die of bleeding related  to the baton blow. Again, these things are complex and clearly the loss of 60% of your blood as a result of any injury due to a blow is not necessarily fatal. Of course not.

I’m sure, looking at the evidence, any prosecuting barrister would have immense difficulty making a case for manslaughter against the police officer involved so the CPS is right not to risk it. There’s the obvious tragic coincidence. Freddy Patel’s record is clearly unblemished and unimpeachable. The case would not stand up in any court of law. The officer’s actions were clearly proportionate to the situation they faced. The balaclava and covered badge were clearly not a pre-emptive cover up.

So well done City of London police, IPCC (slow off the mark), City of London Coroner, and the CPS. You’ve seen that justice was done. And if I were to walk out of this building now and club a random passer by and they were to coincidentally die a few moments later also, I’m sure that my case would never go before a court also. It’s irrelevant that it was a police officer involved.

It’s a good job all this is the case. Because if it it were otherwise, some people may conclude that officers of the law are above the law. And what would that mean for the rule of law? It would render it irrelevant. We could all, in principle, do what we please and then it’s just down to who has the biggest baton and the most powerful swing. What sort of country would we be living in then? Luckily, that’s not the case……