Jason Paul wins civil action against the Police
Jason Paul, wrongly accused by the police of assaulting Christopher Alder before Mr Alder was unlawfully killed in police custody, has today won his civil claim against the police at the second attempt. He was awarded damages plus legal costs.
The two week trial in front of a jury in Sheffield followed a ruling in March 2004 by the Court of Appeal that the judge at the first trial was wrong to withdraw the case from the jury and throw out the claim - see ‘Court of Appeal Orders Re-trial of Jason Pauls civil action against the Police
http://www.hickmanandrose.co.uk/news02.html, which includes background on the case & http://www.guardian.co.uk/crime/article/0,,1172167,00.html
Mr Paul today called on the Independent Police Complaints Commission (IPCC) to urgently review the transcript of the trial and consider what disciplinary action should be taken by Humberside police in the wake of these significant jury findings :
- Has Mr Paul satisfied you that it is more likely than not that the instruction to arrest for murder was given to deflect potential criticism of the circumstances of Christopher Alder’s death at Queen’s Garden’s police station [Hull]? – Yes (7-1)
- Has Mr Paul satisfied you that it is more likely than not that DC Wade did not consider the lawfulness of the arrest before he arrested Mr Paul for murder on his arrival at Tower Grange Police Station [Hull]? – Yes (7-1)
- Has Mr Paul satisfied you that it is more likely than not that DCI Davison did not rely on the statement of or information supplied by Richard Hillyard when he decided to charge Mr Paul with the offence of ‘GBH with intent’? – Yes (unanimous)
- Has Mr Paul satisfied you that it is more likely than not that the police charged him with causing ‘GBH with intent’ to deflect potential criticism of the circumstances of Christopher Alder’s death at Queen’s Garden’s police station [Hull]? – Yes (unanimous)
The Jury answered one question in favour of the police: Has Mr Paul satisfied you that it is more likely than not that the decision to arrest for ‘GBH’ was taken to deflect potential criticism of the circumstances of Christopher Alder’s death at Queen’s Garden’s police station [Hull]? – No (unanimous)
Through his solicitor, Ms Chez Cotton of Hickman and Rose solicitors, Jason Paul said today:
“I am relieved that after 8 years my name has been cleared. A jury of my peers has publicly recognized that I was wrongly arrested on suspicion of murder and then charged for ‘GBH with intent’ because the police needed a scapegoat to avoid potential criticism of the circumstances of the death in police custody of Christopher Alder. I wish the Alder family success with their continuing fight for justice against Humberside police”
Background
Mr Paul brought a claim for false imprisonment and malicious prosecution after he was arrested for murder and detained on 1st April 1998. He was then charged with GBH with intent and denied bail on 2nd April 1998 in relation to the death of Christopher Alder, another young black man. On 1st May 1998 magistrates granted him unconditional bail. On 30th June 1998 the CPS told Mr Paul the case against him was to be discontinued and this formally happened on 10th July 1998. It was accepted that Mr. Paul had nothing to do with the death of Mr Alder.
Jason Paul claimed that Humberside police charged him to distract public attention away from their own behavior. The police allowed Christopher Alder, a young black man, to die while lying on the floor in a police custody suite with his hands handcuffed behind his back, with his trousers around his knees, while five police officers stood by and did nothing.
Detailed facts giving rise to Jason Paul’s claim against the police
In the early hours of April 1st 1998, Mr Paul intervened to stop a fight between Christopher Alder and another man outside the Waterfront nightclub in Hull. Mr Paul learned later that day that Mr Alder had died. Assuming that the police would wish to speak to him, he attended voluntarily at Tower Grange police station, Hull, with a local solicitor, to assist the police in their investigation into the death of Christopher Alder.
On arrival he was arrested for murder without being interviewed, having simply told the police that he was trying to separate a fight, that Mr Alder had started throwing punches at him and he had hit Mr Alder once. Mr Paul was distraught at being arrested for murder and burst into tears.
Mr Paul then co-operated fully with the police and gave four full and frank police interviews, in which he maintained throughout that he was a friend of Mr Alder and had intervened as a peacemaker and had acted reasonably, only in self-defence. At the first civil trial in 2003, the police conceded that it was a "massive lead and assistance" that Mr Paul came forward so soon and fully co-operated, and it was "particularly helpful" that he had attended voluntarily.
By the evening of 2nd April 1998 the police had the detailed and consistent account given to them in interview and knew that there was no evidence to show a causative link between Mr Paul’s punch and Mr Alder’s death - this had been confirmed by the pathologist who performed the autopsy on Mr Alder. The police had also viewed the CCTV footage from outside the nightclub and had disclosed to Mr Paul’s solicitor that it looked as if Mr Paul was not the aggressor. They had also interviewed a witness whose account of the events leading up to the punch supported what Mr Paul had told them. The police still decided to charge Mr Paul with GBH with intent.
The police refused Mr Paul bail on the grounds that it was for his own protection due to a danger of violence from a mentally unstable brother of Mr Alder. No attempt was made by the police to discuss this with Mr Paul or Mr Alder’s brother (i.e. to ascertain if the risk existed at all). Representations that Mr Paul could live away from Hull with his sister were ignored. The police themselves then released to the press Mr Paul’s name and home address, where he was living with his pregnant girlfriend, without leaving it to the normal reporting of his next court appearance. There was considerable publicity linking Mr Paul with the death of Christopher Alder.
The unlawful killing of Christopher Alder in police custody
In fact, Mr Alder had been taken by ambulance to Hull Royal Infirmary after the incident outside the nightclub. The hospital called the police and Mr Alder was arrested. Mr Alder was taken by police van to Queen’s Road Police Station. He was brought into the custody suite by police officers and on arrival laid on the floor of the custody suite. His hands were handcuffed behind his back, his trousers were down between his knees.
Detective Inspector Brookes was the senior officer on call that night and he was called at home at 4.55am. He gave instructions for the scene of death to be preserved. He arrived at the police station half an hour later and saw Mr Alder’s body on the custody suite floor. Mr Alder’s death was reported to the Police Complaints Authority and West Yorkshire police were brought in to investigate the death. Hull police were left in charge of the investigation into the incident outside the Waterfront club.
At the second civil trial brought by Mr Paul, the jury was shown the video from the custody suite. The first part of the video film showed the police officers doing little apart from discussing what charge, if any, they could bring against Mr Alder. After about 11 minutes one of the officers investigated whether Mr Alder was continuing to breathe. At that point they made attempts to resuscitate him and called in paramedics to no effective purpose.
The five police officers who were in the custody suite were suspended from duty about a month after Mr Alder’s death. More than two years later a very long inquest culminated in a verdict of unlawful killing due to neglect. A prosecution for manslaughter followed at the Teeside Crown Court in June 2002, but the judge ruled there was no case to answer and the matter therefore did not go to the jury.
Legal representatives:
Nick Stanage, Garden Court North (instructed by Hickman and Rose) for the Mr Paul
Nicholas Wilcox (instructed by Legal Services Unit, Humberside Police) for Humberside Constabulary
For more information contact Jason Paul’s solicitor, Ms Chez Cotton: 0207 700 2211 or email: ccotton@hickmanandrose.co.uk
27th January 2006
The Jury answered one question in favour of the police: Has Mr Paul satisfied you that it is more likely than not that the decision to arrest for ‘GBH’ was taken to deflect potential criticism of the circumstances of Christopher Alder’s death at Queen’s Garden’s police station [Hull]? – No (unanimous)
