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Police officer 'who became addicted to heroin' undercover can seek damages from Greater Manchester Police, court rules

Robert Carroll began working undercover in 2009, posing as a drug user and in 2013 was said to be addicted to heroin

Friday 01 December 2017 18:51 GMT

The former undercover officer says he became addicted to heroin (Getty)

A former police officer who says he became addicted to heroin while working undercover as a drug user can pursue damages action against the force which employed him following a decision by leading judges.

Robert Carroll won a ruling from Court of Appeal judges in London on Friday which paved the way for him to continue his claim against the chief constable of Greater Manchester Police.

Master of the Rolls Sir Terence Etherton, Lord Justice Hickinbottom and Mr Justice Turner dismissed an appeal by the chief constable against the decision of a judge at Manchester county court in 2015 which allowed the claim to proceed.

Mr Carroll, who is in his 40s, says that in about February 2009 he was instructed to pose as a drug user on Manchester’s Wythenshawe estate to identify drug dealers and make test purchases of drugs from them.

Sir Terence said Mr Carroll had brought a claim for damages for personal injuries against the chief constable, alleging negligence and breaches of regulations.

The judge explained: “In very broad terms, the essence of the claim is that, due to the negligence and breaches of regulations by those for whom the defendant is vicariously liable, the claimant became addicted to heroin and has suffered consequential psychiatric and other harm due to his training for, and execution of, undercover police activity posing as a drug user to make test purchases.”

World's 10 deadliest street drugs

Show all 10

1/10World's 10 deadliest street drugs

World's 10 deadliest street drugs

Whoonga

Whoonga is a combination of antiretroviral drugs, used to treat HIV, and various cutting agents such as detergents and poisons. The drug is widely available in South Africa due to South Africa’s high rate of HIV sufferers, and is believed to be popular due to how cheap it is when compared to prescribed antiretrovirals. The drug is highly addictive and can cause major health issues such as internal bleeding, stomach ulcers and ultimately death

Getty

World's 10 deadliest street drugs

Scopolamine

Scopolamine is a derivative from the nightshade plant found in the Northern Indian region of South America (Ecuador, Colombia and Venezuela). It is generally found in a refined powder form, but can also be found as a tea. The drug is more often used by criminals due its high toxicity level (one gram is believed to be able to kill up to 20 people) making it a strong poison. However, it is also believed that the drug is blown into the faces of unexpecting victims, later causing them to lose all sense of self-control and becoming incapable of forming memories during the time they are under the influence of the drug. This tactic has reportedly been used by gangs in Colombia where there have been reports of people using scopolamine as way to convince victims to rob their own homes

World's 10 deadliest street drugs

Heroin

Founded in 1874 by C. R. Alder Wright, heroin is one of the world’s oldest drugs. Originally it was prescribed as a strong painkiller used to treat chronic pain and physical trauma. However in 1971 it was made illegal under the Misuse of Drugs Act. Since then it has become one of the most destructive substances in the world, tearing apart communities and destroying families. The side effects of heroin include inflammation of the gums, cold sweats, a weak immune system, muscular weakness and insomnia. It can also damage blood vessels which can later cause gangrene if left untreated

World's 10 deadliest street drugs

Crack cocaine

Crack cocaine first came about in the 1980’s when cocaine became a widespread commodity within the drug trafficking world. Originally cocaine would have attracted a high price tag due to its rarity and difficulty to produce, but once it became more widespread the price dropped significantly. This resulted in drug dealers forming their cocaine into rock like shapes by using baking soda as a way of distilling the powder down into rock form. People were doing this because it allowed for them to sell cocaine at a lower quantity and to a higher number of people. The side effects of crack cocaine include liver, kidney and lung damage, as well as permanent damage to blood vessels, which can often lead to heart attacks, strokes, and ultimately death

World's 10 deadliest street drugs

Crystal meth

Not just famous because of a certain Walter H White, but also because it is one of the most destructive drugs in the world. First developed in 1887, it became widely used during the Second World War when both sides would give it to their troops to keep them awake. It is also believed that the Japanese gave it to their Kamikaze pilots before their suicide missions. After the war crystal meth was prescribed as a diet aid and remained legal until the 1970s. Since then it has fallen into the hands of Mexican gangs and has become a worldwide phenomenon, spreading throughout Europe and Asia. The effects of crystal meth are devastating. In the short-term users will become sleep depraved and anxious, and in the long-term it will cause their flesh to sink, as well as brain damage and damage of the blood vessels

World's 10 deadliest street drugs

AH-7921

AH-7921 is a synthetic opioid that was previously available to legally purchase online from vendors until it became a Class A in January 2015. The drug is believed to have 80% of the potency of morphine, and became known as the ‘legal heroin’. While there has only been one death related to AH-7921 in the UK, it is believed to be highly dangerous and capable of causing respiratory arrest and gangrene

World's 10 deadliest street drugs

Flakka

Flakka is a stimulant with a similar chemical make-up to the amphetamine-like drug found in bath salts. While the drug was originally marketed as a legal high alternative to ecstasy, the effects are significantly different. The user will feel an elevated heart rate, enhanced emotions, and, if enough is digested, strong hallucinations. The drug can cause permanent psychological damage due to it affecting the mood regulating neurons that keep the mind’s serotonin and dopamine in check, as well as possibly causing heart failure

World's 10 deadliest street drugs

Bath salts

Bath salts are a synthetic crystalline drug that is prevalent in the US. While they may sound harmless, they certainly aren’t the sort of salts you drop into a warm bath when having a relaxing night in, they are most similar to mephedrone, and have recently been featured throughout social media due to the ‘zombification’ of its. The name comes from the fact that the drug was originally sold online, and widely disguised as bath salts. The side effects include unusual psychiatric behaviour, psychosis, panic attacks and violent behaviour, as well as the possibility of a heart attack and an elevated body temperature

World's 10 deadliest street drugs

Purple Drank

One of the more unusual drugs around at the moment, purple drank was popularised in 90s hip hop culture, with the likes of Jay Z and Big Moe all mentioning it in their songs. It is a concoction of soda water, sweets and cold medicine, and is drunk due to cold medicines high codeine content, which gives the user a woozy feeling. However it can also cause respiratory issues and heart failure

World's 10 deadliest street drugs

Krokodil

Krokodil is Russia’s secret addiction. It is believed that over one million Russians are addicted to the drug. Users of krokodil are attracted to the drug due to its low price; it is sold at £20 a gram while heroin is sold for £60. However, krokodil is considered more dangerous than heroin because it is often homemade, with ingredients including painkillers, iodine, lighter fluid and industrial cleaning agents. This chemical make-up makes the drug highly dangerous and likely to cause gangrene, and eventually rotting of the flesh

A claim form was issued in November 2013, and the “primary pleaded injury was addiction to heroin, as a consequence of which the claimant suffered from the symptoms of the opioid use and depression”.

Sir Terence said Mr Carroll left the undercover unit and returned to normal duties in November 2009. In July 2012 he was suspended from duty when a number of allegations against him were investigated. In November 2013 he entered pleas of guilty to offences of theft and misconduct in public office.

The judge added: “There was a written basis of plea, which stated that, while he was dependent on heroin, he swapped his baton and his CS gas for drugs, and also while on duty he absented himself from his work when he went to his co-defendant’s house in an attempt to secure heroin’’.

Mr Carroll was sentenced to a total of 14 months imprisonment and as a result was dismissed from the force.

Sir Terence said Mr Carroll conceded he had lodged his claim outside the legal time limit, but it was his case that the county court judge was entitled to reach the conclusion that he could exercise his discretion to “disapply” that limit.

Rejecting the chief constable’s appeal, Sir Terence said: “So far as concerns the legal strength of the claim, it would be entirely inappropriate at this stage to conduct a mini-trial on very limited evidence.

“It cannot be said that the claim is so weak or inherently implausible that it could be struck out or dismissed on summary judgment.

“If the claim is made out, then the claimant will have suffered significant loss and damage as a result of the defendant’s negligence.”

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