3 days ago
Awarded £12,000, man who had his finger broken by Police Scotland officer
The Chief Constable of Police Scotland has been ordered to pay £12,000 to a man who had a finger broken by one of her officers.
Sheriff Robert Fife ordered Jo Farrell to pay the sum to Ross Lamont following an incident in December 2018 in Glasgow City Centre.
He said the evidence of the officer involved had at times been 'arrogant and dismissive'.
The All Scotland Personal Injury Court heard how Mr Lamont had been on a Christmas night out with colleagues before coming into contact with PCs Nathan Donnelly and Dominic Horn.
The court heard that the officers believed Mr Lamont was involved in an argument with another group of persons outside the Blue Dog bar in the city's West Regent Street.
Sheriff Fife heard how the two police officers tried to de-escalate the situation.
They took Mr Lamont over to a group of railings and asked him for his personal details as they concluded he had committed a breach of the peace.
Mr Lamont disagreed - he believed he had done nothing wrong and refused to provide the information they asked him for..
The court heard that Mr Lamont was then told he was being placed under arrest.
He then started to resist with the cops who struggled to restrain him. They described his resistance as like a man who was displaying 'superhuman' strength.
The court heard that Mr Lamont grabbed hold of the railings behind him with his right hand.
This prompted PC Donnelly to grab and pull the Mr Lamont's right little finger - causing it to break.
Lawyers for Mr Lamont believed their client had subjected to unlawful action. They launched a compensation claim at the court earlier this year against the Chief Constable of Police Scotland.
The court heard evidence that the move used by PC Donnelly on Mr Lamont's finger was not a recognised tactic used by Police in how they restrain people.
Sheriff Fife agreed and awarded Mr Lamont £12,000 compensation.
In a written judgment published by the court, Sheriff Fife wrote about how he was unimpressed by some of PC Donnelly's evidence to the court.
He wrote: 'I had some difficulty with the evidence of PC Donnelly. At times, I formed an unfavourable impression of his answers to questions. PC Donnelly was an inexperienced officer in December 2018 but purported to be more experienced.
'At times, he came across as being arrogant and dismissive. PC Donnelly demonstrated, by use of a court microphone, how he had grabbed the fingers of the right hand of the pursuer to remove the pursuer's
hand from the railings.
'This all seemed to be theatrical and unnecessary.
'In my view PC Donnelly deliberately targeted the pursuer's right little finger, pulling the little finger all the way back and in so doing breaking the little finger.
'PC Donnelly made no attempt at all to grab any of the pursuer's other fingers on the right hand in order to remove the right hand from the railings.'
Sheriff Fife added: 'PC Donnelly failed to use a recognised Operational Safety Training technique to remove the pursuer's right hand from the railings.
'The use of force by PC Donnelly by pulling back the pursuer's right little finger causing a fracture was not reasonable.
'PC Donnelly assaulted the pursuer.
'I will grant decree against the defender for payment to the pursuer in the sum of £12,000.'
