I was trying to protect myself, arresting officer tells Bristol court
A police officer denied putting his arm across the throat of a man he had arrested for having a fake blunderbuss in a street in Eastville.
Inspector Mark Collins was cross-examined by Benjamin Gray, the man he arrested, on the second day of a case at Bristol County Court.
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Mr Gray, 43, of Boswell Street, has brought a case against Avon and Somerset Constabulary's chief constable Colin Port claiming he was unlawfully arrested, detained and assaulted by police in October 2005, following an incident with a neighbour.
The court heard that Mr Gray had made a 999 call to police complaining about a neighbour sitting outside his house in a car revving the engine.
He told the court that his neighbour, Mr Ellis, got out of the car and swung a punch at him. Terrified that he was going to be attacked, he ran in the house and grabbed a replica blunderbuss which he smashed on a wall next to Mr Ellis.
When police arrived Mr Gray was arrested on suspicion of having an offensive weapon in a public place and taken to Trinity Road police station.
Inspector Mark Collins, who was a constable at the time, told the court Mr Gray was rude and abusive all the way to the station but was not handcuffed.
But at the station he refused to be searched and three officers, including Inspector Collins, restrained him.
It was while being restrained that Mr Gray claims he was assaulted by the officer, accusing him of using unnecessary force by putting an arm across his neck, blocking his airway.
CCTV footage of Mr Gray being restrained was shown to the jury along with a still photograph from the film.
Inspector Collins said: "At no stage did I purposely or otherwise put my arm across your throat.
"I put my arm up to stop you head-butting me or spitting in my face. My forearm was against your head."
Mr Gray called him a liar, a crook and a thug and said his neck had been pulled back and Inspector Collins' arm was across it.
He told the jury: "It was in effect, attempted murder."
Mr Gray, who was representing himself, became angry because he felt he was not being allowed to conduct his case in the way he wished and stormed out of the courtroom.
The case is due to continue on Monday.
4 Comments
by Phillipa, Bedminster
Sunday, July 26 2009, 6:37PM
“....erm, I acually meant to be ranting about Mr Gray.”
by Phillipa, Bedminster
Sunday, July 26 2009, 6:35PM
“Mr Collins is clearly a complete fool.
What kind of person who is 'terrified' they will be attacked, would leave the safety of their own home after calling the Police in order to confront the person they are terrified of?
It seems clear to me that Collins would have been the aggressor in this incident and has demonstrated a complete disregard for authority by bringing such a frivolous case against the Police and then petulantly storming out of the Court room when the legal system, established over hundreds of years, wouldn't adapt to suit the way he'd like to conduct his case.
Is the Evening Post able to tell us who is paying for this case to be heard? As far as I can see this is clearly not in the public interest and I hope we are not being made to pay for Mr Collins day in Court.”
by John, Bristol
Sunday, July 26 2009, 5:35PM
“The jury has seen the cctv and the photograph so why not let them decide.
If Gray had already called 999 over his neighbour, why was his neighbour in a position to 'swing a punch' at him unless Gray was confronting him.
That said, why grab a replica firearm? That said, it could equally have been a kitchen knife so we should be thankful.
It goes back to a basic premise of mine. Some people do not have the sense they were born with to walk away from trouble.”
by Andy, BS1
Saturday, July 25 2009, 7:31PM
“As a layperson, I would back Mr Collins to the hilt.
Good on you Mr Collins, my best wishes...”