Tomlinson family to sue Met chief over death

PC Harwood has been suspended on full pay since the incident three years ago

Suggested Topics

Ian Tomlinson's relatives are preparing to sue Bernard Hogan-Howe – claiming the Metropolitan Police Commissioner is ultimately responsible for the newspaper seller's death.

After PC Simon Harwood was cleared of Mr Tomlinson's manslaughter on Thursday, it emerged that he had been allowed to serve in a specialist riots unit despite previous complaints about his heavy-handed tactics.

The jury was not told about PC Harwood's disciplinary record.

Yesterday, the Tomlinsons' solicitor Jules Carey said the family was planning civil action against Commissioner Hogan-Howe. He took command of the force only last year, two years after Mr Tomlinson's death, but the legal action will target his office.

"The family will be pursuing a case under Article 2 of the Human Rights Act, the right to life, against the Commissioner of police, who is responsible for the conduct of his officers."

Mr Carey said he hoped civil action would reconcile the discrepancy between the unlawful killing verdict returned by the inquest and the clearing of PC Harwood at Southwark Crown Court this week.

Mr Tomlinson, 47, was trying to get through the police lines at the G20 protests in London in 2009 so he could get back to his hostel, when the officer beat him with his baton and shoved him to the ground.

His family described the not guilty verdict as a "joke" and said they were not giving up their search for justice.

It was revealed after the trial that PC Harwood had faced complaints while serving on two forces, one of which was upheld. Having left the Metropolitan Police on medical grounds in 2001 after he was accused of attacking a driver while off-duty, he resumed his career as a civilian worker before joining Surrey Police and then transferred back to the Met where he was given a position within the Territorial Support Group.

The Met's Deputy Assistant Commissioner Maxine de Brunner said after the trial the force had "got it wrong" in failing to check PC Harwood's misconduct history.

"It is particularly hurtful to the family that the force has not done anything about it," said Mr Carey. "In those circumstances it is very appropriate to hold the Metropolitan Police entirely responsible and to expect it to answer for the employment and conduct of this officer while he was on duty."

PC Harwood admitted hitting the homeless man and shoving him to the ground, but said he used reasonable force and claimed his conduct was justified in the context of the riots that day. Having been suspended on full pay since the incident three years ago, he now faces a misconduct hearing.

After the case, the Independent Police Complaints Commission's deputy chairwoman, Deborah Glass, said: "While the jury has acquitted PC Simon Harwood of manslaughter, it is clear that significant questions remain in connection with his actions on the day Ian Tomlinson died. Whether or not those actions were reasonable will be tested further at a misconduct hearing in September, which I have directed will be held in public."

A Met Police spokesman said: "Maxine de Brunner has conveyed our sympathies to Mr Tomlinson's family on behalf of the Metropolitan Police. We received a claim from the family in March 2010 on behalf of Mr Tomlinson's estate and we are in discussions about this claim with the family."

Top stories
News in pictures
World news in pictures
UK news in pictures
UK news in pictures
More stories
       
Independent
Travel Shop
India and Shimla
14 nights from only £1899pp Find out more
Prague city break
Three nights from £199pp Find out more
4* Soreda hotel break, Malta
Seven nights all-inclusive from £399pp Find out more
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Part Time SENCO

£120 - £130 per day: Randstad Education Crawley: The job will include writing ...

Project Engineer - Wind Energy

£28000 - £34000 Per Annum: The Green Recruitment Company: The Green Recruitmen...

Front end Developer - Havant - £250 / £300 a day

£250 - £300 per annum: Progressive Recruitment: Front end Developer - Havant -...

Class teachers for expanding primary federation

Negotiable: Randstad Education London: An Ofsted graded good school are lookin...

Day In a Page

'There is a battle going on inside us that is never discussed'

Masculinity in crisis?

'There is a battle going on inside us that is never discussed'
Have US shock jocks gone too far?

Have US shock jocks gone too far?

An incendiary remark from Rush Limbaugh may be the beginning of the end for outspoken right-wing US broadcasters
The ‘Beverly Hills’ of Surrey pays more income tax than big cities of the North

The ‘Beverly Hills’ of Surrey

Elmbridge pays more income tax than big cities of the North
Heavenly Bodies

Heavenly Bodies

Michael Landy's artistic marriage made in heaven... and hell
'He will always be a friend': Jackie Stewart backs Polanski

'He will always be a friend'

Jackie Stewart backs Roman Polanski
The price of pacifism: Refusing to go to war is finally being recognised as a brave act

The price of pacifism

From the Second World War refusenik to the 19-year-old Israeli, Holly Williams talks to five people who risked shame and suffering to take a stand as conscientious objector.
'It was mass hysteria': Jason Isaacs on groupies, theatre bores and snogging James Bond

Jason Isaacs: Groupies, theatre bores and James Bond

To millions, Jason Isaacs is one of Harry Potter's arch enemies – but his wife prefers him as a Scottish TV detective.
Notes from a small island: Is Sealand an independent 'micronation' or an illegal fortress?

Sealand: 'Micronation' or illegal fortress?

Thomas Hodgkinson spent a week at the tiny platform off the Suffolk coast to find out.
Not a bad bone: Mark Hix cooks with cutlets and ribs

Mark Hix cooks with cutlets and ribs

If you ignore cutlets and ribs, you'll risk missing out on some delicious and easy meals, says our chef.
The experts' guide to summer: From getting fit for the beach to recreating that Olympic buzz

The experts' guide to summer

From getting fit for the beach to recreating that Olympic buzz
Sex, drugs and fast cars: The legend of James Hunt has set Hollywood hearts racing

Legend of James Hunt has set Hollywood hearts racing

Early glimpses of Ron Howard's film Rush suggest it will portray Hunt as a high-living lothario, with an insatiable appetite for partying.
Macklemore: 'I don't have moderation when using drugs and alcohol. It was hurting my life'

Macklemore: 'I don't have moderation'

The next Vanilla Ice or the next Eminem? Macklemore doesn't have a record contract – but he does have the UK's biggest-selling single of the year.
Don't be shy: Bill Granger's Sri Lankan recipes

Don't be shy: Bill Granger's Sri Lankan recipes

Sri Lankan cuisine is light, sunny, wonderfully spiced – and so easy to cook from scratch. Just as soon as you've broken into the coconut, that is.
Sir James Dyson’s latest project: Cleaning up hospitals

Sir James Dyson’s latest project: Cleaning up hospitals

Doctors are hailing the revamp of a Bath neonatal unit, where babies sleep more and feed better, as the model for patient care
One man returns to Argentina's town that drowned

One man returns to Argentina's town that drowned

Epecuen was submerged under 10 metres of water in 1985. Now the floods have gone – and 83-year-old Pablo Novak has moved back in