'Cover-up' storm over G20 death: Fury as DPP rules policeman who hit news vendor won't be charged

The family of a newspaper seller who died after being struck by a policeman during the G20 protests reacted furiously yesterday after learning that the officer will not face any criminal charges.

The decision came despite prosecutors admitting there was evidence that Ian Tomlinson, 47, had been assaulted by riot squad officer PC Simon Harwood.



The main obstacle to a prosecution appeared to be a post mortem conducted by pathologist Dr Freddy Patel, who concluded that Mr Harwood died of natural causes, although two other pathologists decided that his death was the result of internal bleeding from 'blunt force trauma to the abdomen' as well as cirrhosis of the liver.

Innocent: Mr Tomlinson on his way home before his encounter with police, left, and as he walks slowly in front of a cordon, a police dog bites him on the leg but he appears not to notice





Attack: He is hit with a baton and pushed 'very strongly' in the back. With his hands in his pocket he cannot break his fall (left). A passer-by then comes to his aid as he sits dazed on the pavement while PC Simon Harwood, (circled) stays in the background



Yet last night it emerged that Dr Patel's career is in jeopardy. He could be struck off within months as the General Medical Council examines claims that he bungled four autopsies.



He has been suspended from the Home Office register of forensic pathologists and barred from examining others who have died suspiciously.



It also emerged that PC Harwood had left the Met while facing misconduct proceedings several years ago before being allowed to rejoin.



Mr Tomlinson's relatives - unhappy with how police initially handled his death and the length of time taken by the Crown Prosecution Service to reach a decision on charges - accused the authorities of staging a 'big cover-up' over the death.



Video footage clearly showed 43-year-old PC Harwood striking Mr Tomlinson with his baton and pushing him to the ground on April 1 last year.



But Director of Public Prosecutions Keir Starmer said a manslaughter charge could not be brought because of 'irreconcilable' differences between the pathologists over what had caused his death, meaning there was ' no realistic prospect' of a conviction.



Mr Starmer said the differences in opinion meant it could not be proved beyond reasonable doubt that the force used by the officer caused the death, with Dr Patel's report likely to undermine a prosecution.

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Mr Starmer said this also ruled out one kind of assault charge because it could not now be proved that the strike or push harmed Mr Tomlinson.



He added that the officer could not even be charged with common assault, which does not require proof of injury, because there is a six-month time limit on bringing such a case, while this inquiry has already dragged on for 15 months.



Mr Tomlinson's son Paul King could not contain his anger at Mr Starmer's decision not to charge married father-of-two PC Harwood.



He said: 'It's outrageous. We feel like it was not a full investigation from the beginning. It's a big cover-up.



'He [Mr Starmer] has just admitted on TV that a copper assaulted our dad. But he hasn't done anything. He's the man in charge - why hasn't he charged him?



'They knew that if they dragged this out long enough, they would avoid charges. They knew just what they were doing.



'They've pulled us through a hedge backwards - now we have to go on living our lives.'



Mr King fought back tears as he added: 'Words can't describe how we feel, we feel very let down, very disappointed.'



The Tomlinson family's solicitor, Jules Carey, labelled the decision ' disgraceful' and said an inquiry must examine if it is due to a 'lack of will or incompetence'.



Senior colleagues of PC Harwood had been bracing themselves for a manslaughter prosecution.



One said: 'I welcome the decision not to charge him, but I have to say I am absolutely flabbergasted.'

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The Independent Police Complaints Commission said it will pass its file to the Met, which will consider whether PC Harwood, who has been suspended on full pay for the last 15 months, should be disciplined.



Metropolitan Police Commissioner Sir Paul Stephenson said he regretted Mr Tomlinson's death and offered his sympathy to his family.



He said he was 'concerned' by the video footage but that it was not appropriate for him to comment on the outcome of the IPCC inquiry or the CPS decision.



An inquest will now examine the circumstances of Mr Tomlinson's death and the case could be reconsidered by prosecutors if an unlawful death verdict is returned.



The decision not to charge PC Harwood was announced on the fifth anniversary of the death of the innocent Brazilian Jean Charles de Menezes, who was shot dead by firearms officers who mistook him for a terrorist. No officers faced criminal charges over the error.



Relatives of Mr de Menezes hit out at 'another Scotland Yard whitewash' during a protest for Mr Tomlinson at the Metropolitan Police ' s headquarters.



PC Harwood was in hiding after leaving his Surrey home with his family early yesterday.



He is the second Metropolitan Police officer to be cleared of assault allegations concerning the G20 protests.



In March, Sergeant Delroy 'Tony' Smellie, who was accused of attacking a G20 protester with a metal baton, was cleared after the alleged victim failed to turn up to court.



A district judge found his actions were lawful when he struck Nicola Fisher with his baton during a vigil to mark the death of Mr Tomlinson outside the Bank of England on April 2 last year.



VIOLENT ATTACK THAT NO-ONE WILL ANSWER FOR

Shocking video footage of the G20 protests clearly shows Ian Tomlinson being struck with a baton and then shoved to the ground by a police officer.



But the pictures could not answer the question of whether this force was enough to kill the newspaper seller.



The only certainty in the whole matter is that tensions were very high on the streets of London on April 1, 2009.

'It's outrageous. We feel like it was not a full investigation from the beginning. It's a big cover-up. They knew that if they dragged this out long enough, they would avoid charges. They knew just what they were doing. They've pulled us through a hedge backwards'

Ian Tomlinson's son, Paul King

In the days leading up to G20 summit of world leaders, police warned that activists were planning protests in an 'unprecedented' way.



Organisers of a series of protests under the G20 Meltdown banner had hoped that tens of thousands would take to the streets but in the end there were an estimated 4,000 demonstrators in the City.



A small number of anarchists clashed with police and ransacked a bank.



It was against this backdrop that Mr Tomlinson - who had nothing to do with the protests - died after collapsing near the Bank of England.



At first, nothing sinister appeared to have happened, But the next day, complaints about police treatment of protesters started to emerge.



On April 4, City of London Police said a post mortem carried out by Dr Patel had established that Mr Tomlinson had suffered a heart attack.



But two days later the Independent Police Complaints Commission took over the investigation into Mr Tomlinson's death after new evidence showed his encounters with police shortly before his death.



CCTV showed police officers refusing to let him through a cordon-opposite the Bank of England, prompting him to walk around the corner into Royal Exchange Passage.



A day later, on April 7, video footage handed to the Guardian newspaper showed Mr Tomlinson being pushed to the ground by a police officer.



Footage then emerged on Channel 4 which appeared to show an officer hitting Mr Tomlinson left-handed with a baton, then shoving him to the ground.



More than two weeks after his death, on April 17, a second post mortem by respected pathologist Dr Nat Carey concluded that Mr Tomlinson died of abdominal haemorrhage, not a heart attack.



A third post mortem, carried out at the request of the Met's Directorate of Professional Standards, agreed with Dr Carey's opinion.



Amid claims of a cover-up, the Crown Prosecution Service yesterday released a detailed explanation of the circumstances surrounding Mr Tomlinson's death.



In it, PC Harwood was referred to as 'PC A'.

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It said Mr Tomlinson had been in the general area for much of the day and appeared to have been trying to get back to his home but, because of the police cordons, was finding it difficult.



It added: 'At about 7.15pm, a senior police office gave an order for officers to form a cordon and move people from the junction with Cornhill out onto Threadneedle Street.



There were approximately 20 police officers in the cordon and they included six City of London police dog handlers.



PC A was part of this cordon as it made its way down Royal Exchange to Threadneedle Street.



'One witness described Mr Tomlinson as looking "disoriented" as he was in Royal Exchange.



'As the police line approached him, he had his hands in his pockets and walked slowly in front of the officers.



'A police dog handler put his hand out to move Mr Tomlinson away and a police dog bit him on the side of his leg. Mr Tomlinson did not appear to react to this dog bite, but continued slowly moving at an angle across the police line.



'PC A, who was behind the dog handler, moved forward and using his baton struck Mr Tomlinson on the left thigh. Almost immediately he pushed Mr Tomlinson very strongly in the back.



'This push caused Mr Tomlinson to fall heavily to the floor and, because he had his hands in his pockets, he was unable to break his fall.'



Bystanders helped Mr Tomlinson to his feet. He then left Royal Exchange and walked a short distance into Threadneedle Street. He appeared to bump into a building and slowly collapsed, the CPS said.



Members of the public tried to help him, but he 'deteriorated rapidly'. Police and paramedics tried to resuscitate him, but he died.



THE PC WHO LEFT UNDER A CLOUD



PC Simon Harwood, the officer who was accused of killing Ian Tomlinson, left the Met in controversial circumstances several years ago while facing misconduct proceedings over an alleged off-duty road rage incident.

The 43-year-old was allowed to retire on ill health grounds because of a leg or shoulder injury before the disciplinary case, which is said to have involved allegations of violence, was heard.

But after surgery on his injury, he rejoined the force as a civilian operator, dispatching officers to calls, and then after being declared medically fit, was accepted to join Surrey Police as a PC.

Later, despite the outstanding disciplinary proceedings, he transferred back to the Met and was deployed in the riot squad.



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Last night Scotland Yard refused to comment on the apparent vetting bungle. It said: 'It is not appropriate to comment on the officer's employment history-until the completion of any criminal or misconduct proceedings.'



But a source told a Sunday newspaper last year: 'No former officer with an outstanding disciplinary matter should ever be given his job back.'

Last night there was no sign of PC Harwood, his wife - a practice manager at a GP's surgery - or their two young sons at their £450,000 Surrey home.

Neighbours said the family left the property at around 1am yesterday, hours before the officer was informed of the CPS decision not to charge him.

Colleagues confirmed that PC Harwood had gone to ground 'for the foreseeable future'.

He has been suspended on full pay for 15 months and insists he did nothing wrong.

A colleague said: 'Simon's a good cop and there are many of us who believe he has been hung out to dry over this case.

'He faces an uncertain future with an inquest and possible disciplinary proceedings ahead.'



DOUBTS OVER THE DOCTOR BEHIND POST MORTEM

The pathologist whose testimony torpedoed criminal charges over Ian Tomlinson's death already faces disciplinary proceedings and could be struck off within months.

Dr Freddy Patel, pictured, is accused by the General Medical Council of mishandling four post-mortem examinations between September 2002 and January 2005.

He has been suspended from the Home Office register of forensic pathologists and barred from examining others who have died suspiciously.

The GMC hearing focuses on his actions during post mortems on four bodies, including a four-week-old baby, a five-year-old girl and two women.

He is accused of giving questionable verdicts on the causes of deaths, some of which later turned out to be suspicious.

As revealed in a document released by the Crown Prosecution Service (CPS) yesterday, doubts have also been raised over how he examined Mr Tomlinson.

Dr Patel found the newspaper seller died as a result of natural causes, consistent with coronary artery disease. But investigators said Dr Patel wrote ambiguous notes about his findings and failed to examine three litres of fluid discovered inside Mr Tomlinson.

The fluid proved to be crucial as, if it was mainly blood, this would have indicated Mr Tomlinson died as a result of bleeding from an internal rupture.

Dr Patel did not retain the fluid or test it but insisted during interviews with prosecutors that it was mainly other fluids stained with blood.

Dr Patel, who qualified in 1974 at the University of Zambia, quit academic and NHS posts in the late 1990s to become a private pathologist on the Home Office register.

His disciplinary hearing began last week and is listed to continue until September. He denies misconduct.







