Greater Manchester Police officer found guilty of common assault

29 Jul 2013 08:59 AM

A Greater Manchester Police officer has been found guilty of common assault following an investigation by the Independent Police Complaints Commission.

Sergeant Richard Miller, 46, was found guilty following a trial at Manchester Magistrates' Court. He has been fined £500 and ordered to pay costs and compensation.

The conviction relates to an incident in Chadderton Custody Suite on 15 July 2012 in which the officer used excessive force on a 33-year-old man.

The IPCC investigation found that Sgt Miller used excessive and inappropriate force when he dragged the handcuffed man along the floor of the custody suite.

The man had been arrested earlier on suspicion of assaulting a police officer during an incident at the Star Kebab and Pizza takeaway in Yorkshire Street, Oldham at 4.30am that day. It transpired he had sustained a broken arm during the arrest.

The IPCC investigation built a picture of events outside the takeaway and in the custody suite from CCTV footage and witness accounts.

While it is believed the man sustained the injury to his arm during his arrest there is no evidence that this was as a result of deliberate, excessive force. Instead the investigation found it occurred due to the application of a recognised arm hold by an officer and then the ensuing struggle resulting in the man and the officer falling to the ground.

However, the actions of Sgt Miller in the custody suite were found to be wholly inappropriate. CCTV footage showed the officer entering the van dock area before approaching the police van in which the man was sitting. Within seconds Sgt Miller forcibly removed the man before using the handcuffs to drag him more than 30 metres into the custody suite.

The audio recording from the suite picked up the man's screams of pain.

Once it was identified that the man had an arm injury he was taken to hospital for treatment.

The IPCC investigation identified that a police constable and two custody detention officers witnessed Sgt Miller's actions but failed to challenge him. As a result the IPCC found the three had a case to answer for misconduct.

IPCC Commissioner James Dipple-Johnstone said: "The CCTV footage which captures the actions of Sgt Miller is truly shocking. Using handcuffs to drag a detainee through a custody suite is wholly inappropriate. To do it to someone who is injured and screaming out in pain is inhumane. Sgt Miller tried to defend his actions by saying he was dealing with an ‘unwilling and non-compliant' detainee. That is no defence. Police officers are trained to deal professionally in such a situation. Sgt Miller acted unprofessionally and abused his position of authority.”