CPS criticised for dropping assault charge after officer allegedly gave CPR while man was awake
A leading academic of English literature has criticised prosecutors for dropping an assault charge against a police officer who allegedly gave him forceful chest compressions meant for a heart attack victim while he was awake.
John Sutherland, 86, emeritus Lord Northcliffe professor of modern English literature at University College London, fell ill on a London underground train in May 2023.
An off-duty Metropolitan police constable, Sam Wilks, performed chest compressions on Sutherland, meant to revive a stopped heart, breaking a number of ribs.
Sutherland's witness statement said he was conscious when the chest compressions started and that the 'pain was excruciating'.
He said: 'I was screaming as loud as I can to stop him. I screamed: 'Stop, kill me, kill me, I can't stand this.' I was dissenting at the top of my voice.'
Cardiopulmonary resuscitation or CPR is usually used on someone who has stopped breathing and is unconscious.
The Met accepted the officer's actions caused injuries but said Wilks had every reason to think Sutherland's life might be in danger and he was trying to help.
Wilks was investigated by the British Transport Police and charged with inflicting grievous bodily harm, but Sutherland was informed two working days before the scheduled trial date last Tuesday, that the CPS had dropped the case.
The Met said Wilks had been treated unfairly, facing almost two years under the threat of conviction and jail.
Sutherland said emails from his solicitors to the CPS to explain its decision went unanswered, meaning he could not seek any review of the decision.
During a brief hearing last Tuesday, the judge, HHJ Kelleher, asked the prosecutor representing the CPS if the decision to drop the case 'had been communicated to Prof Sutherland'.
Prosecutor Michael Shaw, who made it clear he was acting on instructions, claimed Sutherland and his partner had not responded to emails.
Sutherland told the Guardian this claim was untrue and 'misleading', and after questioning by the Guardian the CPS accepts it sent no emails.
He said: 'The assault and its after-effects have been the greatest trial of my life. The statement by the prosecutor has added to it. The excuse for no actual trial taking place has added to my injury.'
Just after 8.45pm on 27 May 2023 Sutherland fell ill while on an underground train. His wife called for help, believing he could be suffering from a cardiac arrest, and a doctor and Wilks responded.
Sutherland was taken off the train and a defibrillator kept at the station was attached to his torso. The machine gave spoken instructions wrongly saying no heartbeat was present and that emergency chest compressions should begin. Sutherland was breathing, conscious and able to talk.
According to Sutherland, Wilks took charge and decided the instructions from the defibrillator to perform chest compressions should be followed. Sutherland and his wife pleaded for the chest compressions to stop.
A note by doctors who later treated Sutherland for his injuries describes them as coming from an 'assault/chest compressions while awake … had chest compressions WHILST AWAKE …'
After the criminal case was dropped, the Met on Friday decided Wilks should not face any disciplinary action and returned him to full duties: 'PC Wilks intervened off duty during what he had every reason to believe was a life-threatening medical episode. There is no evidence to suggest he had any ill intent. He believed he was trying to save a life. We did not feel this case should have been pursued through the courts.
'Even though the case has now been dropped, we should not underestimate the impact it will have had on him to this point.
'We of course also recognise the unintended impact on the gentleman who had fallen ill and who sustained injuries as a result of PC Wilks's intervention.'
The CPS did not respond directly to Sutherland's view that the court and judge had been misled. A spokesperson said: 'After carefully reviewing the case, including the medical evidence and witness statements, we concluded that there was no realistic prospect of conviction in this case.
'The complainant was informed of our decision last week and we will be writing to him to further explain our decision.'
Sutherland, both of whose parents were police officers, now plans to sue the Met and has formally complained to the CPS about its conduct.
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They said, 'It's really hectic here. We'll get someone to call you back.' Then I saw the phone moving towards the police station. 'Emma was in the middle of a work's team meeting. I said, 'We've got to go now.' 'We chucked the dogs in the car and began driving to Nottingham to my son. 'I didn't know if he was safe or not. Even if I got there and he just fell out of the pub because he's been out all night and had dropped his phone in Ilkeston Road, I'd have been the happiest man alive.' He was haring through Cornwall when his phone rang. It was a policewoman. 'When they won't quite tell you why they are calling, but ask if there's somewhere safe you can pull over, your heart just drops. You know what you are going to hear.' The policewoman could not confirm it was definitely Barney, but they'd found his driving licence in his wallet. Emma got out of the car and fell to her knees. 'I didn't know what to say or do,' says David. 'I couldn't believe it. All I remember is saying, 'I've got to get to my other son.' Charlie was at a school activities week in Torquay. Thankfully, the teacher in charge had separated him from his classmates before he'd seen the news on his phone. David does not know to this day who released his son's name to the media. Charlie was in the minibus when David and Emma arrived. 'Charlie is a very intelligent boy. We thought the best way of dealing with it wasn't to try to sugarcoat it so we told him Barney had been murdered. 'It was awful. He just broke down screaming and ran off.' The family travelled to Nottingham the following day where they met Grace's parents for the first time at a vigil for their children. 'The shock takes over,' says David. 'You can't quite fathom what's happening. There were so many people there crying – bless them.' David stood beside Grace's devastated father, Sanjoy, united in grief as they both addressed the mourning crowd with generous words of love. 'Nothing was rehearsed. I just found myself speaking. Maybe it's the British way.' Today Sanjoy and David speak often. He is, says David, sort of like a brother now. 'We're intrinsically linked for the rest of our lives. Barney and Grace fell together. Bless her, Grace tried to stop him attacking Barney. Emma says it all the time, 'Silly girl, why didn't you run?' But she wasn't that character. She wouldn't let her friend down. 'If it had been the other way round Barney, would never have left her.' Last month, Nottingham announced they would grant posthumous degrees to Barney and Grace, but David says, 'I would struggle to go and collect it as the pain of not seeing him getting it himself would be too much, especially when everyone else is graduating and quite rightly happy to be starting the next chapter of life.' On Friday, Barney and Grace's families will lay a rose where their children fell together on Ilkeston Road. Afterwards, they will walk with Ian's three sons to the place where their father was attacked. All are determined to continue their fight to hold the authorities to account. 'On Monday we see [the Health Secretary] Wes Streeting. 'We've got a statutory public inquiry where all that has happened will come out but that won't be until next year. 'We need change now. The people who allowed this to happen need to be held accountable for their mistakes now. How many more people need to be murdered by those with mental health issues for this to stop? 'We need to make the streets safer and protect all our sons and daughters. If we can do that, in the name of Barney, Grace and Ian, then that, I suppose, is success. But the main problem – the bit that really tears you apart – is that they are not here and we can't bring them back.'
