UK: Call for inquiry after record damages
01 March 1996
There were calls for a public inquiry into the running of Streatham police station, in south London, after the Metropolitan police paid record damages of £220,000 to one man and £64,000 to another in March. The damages were awarded to Kenneth Hsu and Terence Winguard, both of whom claimed that they had been seriously assaulted. Scotland Yard have refused to take any disciplinary action against the officers involved and have said that they will appeal against the payments.
The record damages of £220,000 were awarded to Kenneth Hsu after a jury decided that he had been wrongly arrested and assaulted by police officers. Mr Hsu was arrested in 1992 after he declined to allow the police officers, who were investigating a dispute with a tenant, into his house when they failed to produce a warrant. The court was told that he was then thrown into the back of a police van by three constables, Kenneth Watkins, Christopher Smith and Andrew Davies, where he was punched and kicked by them. Pc Watkins, the court heard, thanked him for the overtime payment he would receive and added "You're the first Chinky I've ever arrested."
Mr Hsu was later treated at Kings College hospital where he was found to have extensive bruising to his back and kidneys, cuts to his face and was passing blood in his urine. He suffered post traumatic stress disorder following the attack. The policemen alleged that Mr Hsu had caused a breach of the peace, but had no explanation for his injuries.
Mr Hsu made a formal complaint about the racist assault to the Police Complaints Authority (PCA). A police surgeon confirmed his injuries but the PCA decided to take no action against the officers. Mr Hsu was left with no alternative but to take a civil action.
In a separate case, also involving officers from Streatham police station, Terence Winyard was awarded £64,000 in damages for assault and malicious prosecution. Mr Winyard was arrested outside his flat and violently assaulted by police officers before being charged. He was acquitted on charges of assault and possession of an offensive weapon in 1992 and then took his civil action.
Following the decisions a Scotland Yard spokeswoman said that no disciplinary action had been taken against any of the officers involved nor would any be taken. She added that an appeal would be lodged against the awards. Neither man has received an apology from the police for their conduct.
[Cost of civil actions against London's police]
The cost of civil actions taken out against the Metropolitan Police over the last 10 years has been £20 million. £8 million has been awarded in damages to people alleging police misconduct and £12 million has been paid out for police and plaintiff's legal costs. The yearly figures are:
1986 £393,000
1987 £184,000
1988 £388,000
1989 £523,000
1990 £836,000
1991 £471,000
1992 £755,000
1993 £1,589,000
1994 £1,343,000
1995 £1,560,000
Most civil actions are settled by the police agreeing to pay damages without any admission of liability. This has led to great disquiet because rarely is action taken against the police officers involved who continue to patrol London's streets. In 1994, the latest year for which figures are available, the police won outright only 24 of the 304 cases against them, but no officers were prosecuted and only four disciplined - one was cautioned, another fined and two "given words of advice". Most civil actions concern allegations of brutality and gross misconduct.
Two more civil actions to be heard later this year follow coroners court verdicts of "unlawful killing" by inquest juries against officers involved in the death of two mean they were seeking to arrest, Shiji Papite and Richard O'Brien.
South London Press 29.3.96, 2.4.96; Independent 30.3.96.