Police Constables Stephen Smith and Rachel Comotto will appear at Westminster Magistrates’ Court on 25 April 2024, charged with assault occasioning actual bodily harm (ABH) in connection to their use of force on Donald Burgess in St Leonards-on-Sea. The use of force by police included a Taser, PAVA spray, handcuffs and a baton.
The question should be why not charge them under the Criminal Justice Act 1988 section 134 Torture. The CPS and IOPC are failing in their duty of care to the public. The governments own words – at page 4 –
- The UK Government takes allegations of torture and cruel, inhuman or degrading treatment very seriously and any allegations are investigated appropriately. The UK Government does not participate in, solicit, encourage or condone the use of torture for any purpose.
- Torture is a criminal offence in the UK under section 134 of the Criminal Justice Act 1988, with a maximum penalty of life imprisonment. Aiding and abetting torture is a criminal offence under section 8 of the Accessories and Abettors Act 1861 and subject to the same maximum penalty. Further, Article 3 of the ECHR, as given further effect in the HRA, provides that no one shall be subjected to torture, inhuman or degrading
treatment or punishment, and victims can rely upon this right in civil and criminal proceedings. - We have a long, proud and diverse history of freedoms in this country. Any legislative changes would not erode the prohibition of torture and other ill-treatment provided in the UK.
- The UK Government is of the view that UK law including section 134 (4) and (5) of the Criminal Justice Act 1998 is consistent with the obligations imposed by the Convention for the reasons set out in our previous reports.
https://assets.publishing.service.gov.uk/media/64b00912c033c10010806284/uncat-response.pdf
It appears the British obligations under EBOR 1689, UNCAT, ECHR and HRA 1998 are not being taken seriously and this is why this continues to happen.
If your want to complain in writing to the IOPC about charging low charging of this heinous offence against a 93 year old man here is there email address. enquiries@policeconduct.gov.uk and you have to complain to CPS cpsdirect.vrrandcomplaints@cps.gov.uk SouthEastVRRandcomplaints@cps.gov.uk justicecom@parliament.uk
I’ll be talking about this on the show Monday night 8pm GMT only on Rumble, Telegram, Locals and lastly X. https://rumble.com/v4qj0hz-the-office-of-constable-the-police-federation..html
This is the outcome of recruiting graduates from universities instead of time served ex-military to police the country. The state of the UK police force, sorry, service is abysmal and this, amongst other travesties that blight this once great nation is all down to the long march through the institutions.
Surely torture is now also an act of Terrorism under Terrorism Act 2000. As these state policy security guards are allowed to carry weapons of destruction with intent but without recourse.
No one is above the law: all are equal under the rule of law