Innocent man’s injuries justified, police report says

10:32am Thursday 6th December 2007

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By Graeme Hetherington »

POLICE officers who seriously injured an innocent man when they forced their way into his home to arrest him have been cleared of using excessive force.

Stephen Whenary needed 13 weeks off work to recover from the beating he received when officers from Cleveland Police used batons and CS gas on him while he was cowering in his bathroom.

Following an 18-month investigation, carried out by the same force, the Independent Police Complaints Commission (IPCC) has ruled the officers have no case to answer and will not face criminal or misconduct charges.

The decision has been criticised by Mr Whenary's solicitors, Taylor Goodchild, which is now looking to sue the force.

Spokesman Scott Taylor said: "The only truly independent place where this case has been heard was the magistrates' court, where Mr Whenary was cleared of all charges.

"This so-called independent investigation was carried out by officers from Cleveland Police into officers from their own force.

"He is still struggling to get his life back on track following this attack, and we do not know how badly he will be affected by this latest setback from the IPCC.

"We will now be filing papers to sue the police force."

In May last year, Mr Whenary, of Stockton, was cleared of several charges at Teesside Magistrates' Court, including assaulting a police officer and resisting arrest.

District Judge Roger Elsey threw out three of the charges after the case started to unravel when officers gave contradictory evidence and it came to light that one officer's notepad had disappeared and another officer failed to attend court.

The only officer to face a reprimand is PC Shaun Mahaffey, who failed to give evidence during Mr Whenary's trial.

He is due to receive a superintendent's warning after it was revealed in court that he had gone on holiday instead of giving evidence.

Mr Whenary, who was living with a police officer's former wife at the time of his arrest in August 2005, was dragged naked from the house and charged with assault and resisting arrest.

The investigation file was also submitted to the Crown Prosecution Service for its consideration, and it determined that no criminal offences had been committed.

Gary Garland, the IPCC commissioner for the North-East, said: "The IPCC managed this investigation, and I am confident that all the allegations have been thoroughly investigated.

"The evidence collected leads us to conclude that the allegations are unsubstantiated. There are independent witnesses to some of the events who support the account that the officers acted appropriately.

"It is clear that there was a violent struggle when officers were arresting Mr Whenary.

"However, officers are allowed to use force when faced with aggression.

"The evidence collected suggests the officers did not use anything other than the force necessary to affect an arrest in difficult circumstances."

Chief Superintendent Brian Dunn, of Cleveland Police, said: "This was a difficult incident for our officers to deal with. We referred the matter to the IPCC to ensure an independent investigation into the incident.

"The outcome has shown our officers have acted professionally and we will implement any recommendations made by the IPCC."