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VIDEO: CCTV footage of Frank Fearon and son leaving the Holy Name Social Club on the night he sustained his injuries

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A merchant seaman who sued police over injuries he allegedly suffered in custody has received around £23,000 in an out-of-court settlement.

Frank Fearon, 63, claimed he was left bloodied and bruised with memory loss after spending a night in a cell when he was wrongly arrested for being drunk and disorderly.

Mr Fearon, who was stopped outside his home in Longmoor Lane, Fazakerley , said he lost a tooth and suffered swollen kidneys and broken ribs in the incident.

A Merseyside Police officer, who was a former boxer, later admitted punching Mr Fearon four times in the face, in order to restrain him.

The force said the officer had since been fired for “an unrelated misconduct matter”.

Mr Fearon today said he thought the police settled out of court “because they had no chance of winning”.

The grandad-of-two said: “He could have killed me in that police cell.

“I was off work for four months. I was devastated.

“I had to go and see a psychologist and doctors about it.”

The incident happened in March 2010, after Mr Fearon had been for a couple of pints in his local – the Holy Name Social Club – less than 20 yards away from his front door.

A police patrol car stopped the dad-of-four when he and his 25-year-old son were crossing the road to go home.

Mr Fearon, who works for the Isle of Man Steam Packet Company, said he told officers it was “none of their business” when they asked what he was doing, where he was going and what he had in his pockets.

He refused to get in a police van and said the next thing he remembered was waking up on the floor in a police station, covered in blood.

He said: “They said I was drunk and falling all over the road, but there was CCTV footage from the club, which showed I was sober and I wasn’t falling over or anything. I had never been in trouble in my life. I was locked up after being arrested outside my home for nothing and then I was violently beaten up.”

Mr Fearon was taken to Fazakerley Hospital for treatment, where police said he kicked an officer in the chest.

At a three-day magistrates’ court hearing, he was acquitted of being drunk and disorderly and of the hospital attack on the PC, but was convicted of striking a custody officer.

Mr Fearon said he couldn’t put forward any defence for the assault as he couldn’t remember what happened.

After the trial he launched an appeal to the force’s Professional Standards Department (PSD), which decided there was no case to answer.

A letter to Mr Fearon’s solicitors from the PSD said: “This officer has fully justified their use of force, and I am satisfied the level of force used does not amount to an excessive use.”

Mr Fearon then went to the Independent Police Complaints Commission (IPCC).

A spokesman for the IPCC said: “In relation to an allegation concerning a former custody sergeant, an allegation regarding assault or excessive force, we did find that the former officer if he was still serving with the force would have a case to answer in respect of gross misconduct.”

Mr Fearon had sued the police for assault, wrongful arrest and false imprisonment.

He said: “I don’t feel the officer should have got away with it, but he’s not an officer anymore.

“I just want other people who are beaten up by the police to know so they can do the same thing. Go to your solicitors and see if you’ve got a case.”

Chief Superintendent Darren Martland, head of the force’s Professional Standards Unit, said: “We demand the highest level of professionalism from our officers and staff and seek to treat everyone we deal with, with fairness, dignity and respect.

“When dealing with civil litigation cases there are many factors which need to be taken into account before a decision is made to either proceed with a case, or reach a joint agreement.

“I can confirm that, in this case, the force’s legal advisors met Mr Fearon’s solicitors, discussed his claims against the force and negotiated an out-of-court settlement.

“Also the officer concerned in the case was dismissed from the force in October 2011 following a misconduct hearing for an unrelated misconduct matter.

“We regularly review staff training, procedures and processes thoroughly to try to prevent repeated incidents and ensure that our officers and staff behave in an exemplary manner.

“Any officers or staff found to have acted in a manner that does not meet Merseyside Police’s high standards will be dealt with robustly.”

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