UK – Director of Public Prosecutions Keir Starmer said there was no prospect of conviction because experts could not agree on how Mr Tomlinson died.
In a further blow to the Family of Ian Tomlinson, because of amount of time taken by the IPCC and CPS were unable to charge the officer, Pc Simon Harwood, with even a token offence common assault.
Keir Starmer’s added the CPS had considered assault charges but prosecutors felt that they could not prove the push substantially harmed the newspaper vendor.
A charge of common assault, which does not require proof of injury, could not be brought against the officer because there is a six-month time limit.
Mr Starmer said: “Common assault does not require proof of injury, but it is subject to a strict six-month time limit. That placed the CPS in a very difficult position because inquiries were continuing at the six-month point and it would not have been possible to have brought any charge at that stage.”
The CPS also decided not to charge the officer, who remains suspended from duty, with misconduct in a public offence.
Mr Tomlinson’s family solicitor Jules Carey said the family will consider whether they can appeal against the decision.
He said: “The CPS have accepted the conduct of the officer was unlawful.
“We now need to find out if there has been a lack of will or incompetence, and frankly there needs to be an inquiry into that.”
Tomlinson’s stepson Paul King, flanked by his mother, Julia, said: “It’s been a huge cover-up and they’re incompetent.”
King said: “He [Starmer] has just admitted on TV that a copper assaulted our dad. But he hasn’t done anything. He’s the man in charge … why hasn’t he charged him?
“They knew that if they dragged this out long enough, they would avoid charges. They knew just what they were doing. They’ve pulled us through a hedge backwards – now we have to go on living our lives.”
It is not like Pc Simon Harwood is a shining beacon of probity himself, in today’s Daily Telegraph we have:
Pc Harwood left the Metropolitan Police a decade ago amid controversy over an alleged off-duty road rage incident, then got a job with Surrey Police, where he was accused of using excessive force.
The Man is unstable, and a danger to the public. The sooner that someone does a Pc Blakelock on him the better. Scum like this does not do the police force any good at all.