Innocent man who rang 999 from back of police van while being ‘roughed up’ by officers gets five-figure pay out

  • Tomas James rang 999 to ask for protection from officers who had arrested him
  • He said police had objected when he asked a man they had in custody whether he was alright
  • He claims he was punched in head and hit with baton

By
Chris Parsons

Last updated at 2:55 PM on 1st February 2012


Pay out: A court ruled Tomas James was not lawfully arrested when police bundled him into a van in 2008

Pay out: A court ruled Tomas James was not lawfully arrested when police bundled him into a van in 2008

An insurance worker who rang 999 from the back of a police van after officers ‘roughed him up’ has won £10,000 in damages.

Innocent Tomas James was wrongly arrested and bundled into a police van after taking his girlfriend to hospital in Cardiff.

Mr James, 28, dialled 999 to speak to emergency services as he was left handcuffed and locked in the police van.

He claimed he was hit with a baton and punched in the head, and had called emergency services for protection from the officers who arrested him.

Mr James, who was prosecuted for an offence of assaulting a police officer and obstruction, has since been awarded a pay out after a court hearing.

A court acquitted him on all counts and ruled he had not been lawfully arrested.

A transcript of his 999 call was given to the court – as he asked the emergency service operator for protection from the officers.

It read: ‘I was arrested but they haven’t told me what for. The police were very heavy handed with me and my friend, we have been roughed up.

‘We are parked up somewhere and have been left in the back of the van.’

Mr James launched a civil action after accusing officers of jamming his foot in the door, striking him with a baton and punching him in the head.

He yesterday won more than £10,000 damages from South Wales Police in an out-of-court settlement over his wrongful arrest.

Held: CCTV images show the moment Tomas James was led away by police at University Hospital of Wales

Held: CCTV images show the moment another man was led away by police at University Hospital of Wales, the incident in which Mr James intervened, angering officers

Tomas James had taken his girlfriend to the accident and emergency department at the University Hospital of Wales when he was wrongly arrested

Tomas James had taken his girlfriend to the accident and emergency department at the University Hospital of Wales when he was wrongly arrested

The 999 operator’s report stated: ‘Call received from Tomas James states he has been assaulted and thrown into a police van.

‘The informant was very calm throughout call and stated himself and his friend were thirsty and concerned at how tight the cuffs were on his friend’.

Mr James had taken his girlfriend to the accident and emergency department at the University Hospital of Wales with a broken foot during a night out in January 2008.

At the hospital, Mr James saw another man in police custody who had been arrested in a separate incident.

Mr James said he asking the arrested man if he was ‘alright’ – but said three police officers objected to his questions.

He was then taken into custody himself and bundled into a van, saying he was assaulted during the arrest.

Mr James sued South Wales Police and the case was due to be decided by a jury at the Cardiff Civil Justice Centre.

But the police settled out of court at the start of the trial when the force agreed to pay Mr James a ‘five-figure sum’.

They will also pay his legal costs.

Roughed up: Mr James rang 999 to complain about the officers who had arrested him

Roughed up: Mr James rang 999 to complain about the officers who had arrested him. Pictured here are police arresting another man at the hospital

His solicitor Leslie Thomas said: ‘We have came to settlement that both parties agree with and this have saved some great deal of public expense.’

Gareth Madge, Director of Legal Services with South Wales Police, said: ‘I can confirm the parties have been able to reach a settlement of this civil claim without any admission of liability.

‘As a publicly-funded organisation, South Wales Police is always mindful of the cost to public funds and on occasions a settlement on this basis, in accordance with Counsel’s advice, is the most appropriate course of action.’

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have been moderated in advance.

As an ex police officer, I can confirm this incident is not, unfortunately a rare one, many officers have used excessive force, not read rights, and have assaulted, though many are not like this, and if you take exception to their behaviour, you are treated as an outcast, very difficult.

He may well have been made the offer Save as to Costs. If he rejected it, proceeded to Court and lost, or won but was awarded less than they offered, he would then be liable for the legal costs of the Police Authority. He would have to be mindful of that or he could end up paying out thousands and lets be fair not many of us can afford to do that. ******************* Thanks, Jane – so it seems it WAS about the money, money? He sounds quite convinced of his case, I wonder why he didn’t give it a run.
– Brendan Jabbers, Manchester,
———————————
Brendan, even I know enough about the law to know that if £10,000 was offered by the Police and not accepted, resulting in a trial in which this guy won, but was awarded less than £10K, he would end up paying the police’s costs, which, I asume, would be hundreds of thousands of pounds: hell of risk. A solicitor told me that the court rules are design to promote acceptance of offers
All the best
Dave

I note this innocent man also complained about the overtightened handcuffs that had been used. Police regularly torture their prisoners by overtightening handcuffs, yet nothing is done to prevent this abuse of the International Laws on Torture. The police obviously over reacted, they attacked and injured an innocent man. These police thugs should be prosecuted, fined and dismissed the force. They are a disgrace.

“Mr James, who was prosecuted for an offence of assaulting a police officer and obstruction”
He shouldn’t have got a penny!

If it had been me I would never settle out of court. It would not be a question of money. It would be a question of getting my day in court and maximum publicity to what is going on in Britain’s police forces today.

wish they would dish it out to the person who nicked my bike

The police do indeed have a very difficult job to do, and really what would we do without them. However, this does not give them permission to mistreat members of the public so Well Done Mr James for obtaining justice and compensation. No-one is above the law.

The Police nned to get tougher. When you see every city in the country on Friday and Saturday night having to be policed as they are you wonder why Weatherspoons and the rest of the late night drinking owners are not picking up the bill. Put £2.00 on each drink after 9pm. Wont bother me. Watching telly at home!!!!

It’s not connected to the story but please sort out your grammar DM, it doesn’t look very professional!
– lyn , wales, 01/2/2012 13:58
Next you’ll be wanting all DM journalists to have passed GCSE English language at least grade C, it really is not on!

I have always known that the police officers in the uk are professional thugs in uniform spoiled by the taxpayers.
– chen, london, 1/2/2012 13:50 ======================= Don’t know who would red arrow this, but, unfortunately, it’s absolutely true. They’re LIARS as well – so red arrow me ALL YOU WANT !!! (EMPHASISING – NOT SHOUTING)

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