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30 April 2024 12:46 pm - 22 - {{hitsCtrl.values.hits}}
UK, April 30 (The Independent) - A serving UK Metropolitan Police officer who assaulted an innocent Sri Lankan after mistaking him for a criminal has been spared jail.
PC Jonathan Marsh, 34, had been called out to Atlanta Boulevard in Romford, east London, on 13 November 2022 after a medical worker reported someone was damaging a sign outside and making threats to kill.
Marsh mistook Rasike Attanayake, who had called 999, for the suspect and bundled him to the ground before punching him in the back of the head.
Mr Attanayake was arrested and put in the back of a police car until officers realised their mistake and he was de-arrested.
Police-worn bodycam footage played to the court showed Marsh pulling Mr Attanayake to the floor, swearing at him and punching him in the back of the head.
After the incident, he complained to the Met Police and the force referred the case to the Independent Office for Police Conduct (IOPC) for them to investigate.
Marsh had denied common assault but was found guilty at City of London magistrates’ court.
He was sentenced to 12 weeks’ imprisonment, suspended for 12 months, and ordered to carry out 150 hours of unpaid work.
He was also to pay Mr Attanayake £1,500 in compensation and a standard surcharge of £154.
The court heard that Marsh had no prior convictions and had received a number of positive character references.
District judge Annabel Pilling described his actions as “disgusting and unwarranted”. She told the court: “I accept it was out of character and you lost self control.
“As a police officer, you were in a position of significant responsibility. (These actions) will reduce trust and confidence in police.”
Speaking after the trial, father-of-two Mr Attanayake, 42, originally from Sri Lanka, said the incident had left him with both psychological and physical damage.
He said: “I play cricket as a bowler, but I have been unable to play because of issues I now have with my shoulder. It will get better but I have missed two seasons already.
“Psychologically, I now get triggered by alarms and people in uniforms. I have been a law abiding citizen since I have lived in the UK.”
Mr Attanayake also confirmed he was yet to receive an apology from the Metropolitan Police, and claimed he had instead been told the incident was a case of “mistaken identity”.
On Monday’s sentencing, he said: “There has been justice and this shows the resilience of our legal system. No one is above the law.
“This has dented my trust in local police and I believe more training is needed for these type of incidents.
“But I have no grudge against (Marsh) and have no bad feeling for police. Has there been justice? Absolutely.”
IOPC regional director Charmaine Arbouin said: “Police officers may only use force when it is necessary, proportionate, and reasonable in the circumstances.
“There was no policing purpose or justification for the officer to strike the man, who posed no genuine risk.
“The shopkeeper was a law-abiding member of the public who had called the police to report a crime when he became a victim of mistaken identity.
“We appreciate cases of mistaken identity can happen, however Pc Marsh made no attempt to establish the facts and the situation escalated quickly when he immediately used unnecessary force on the man who posed no threat to him or his colleague.
“Now Pc Marsh has a conviction against his name.”
Onlooker Tuesday, 30 April 2024 01:13 PM
Is that surprising for a country where rule of law prevails. We promote abusers in the Police for higher posts and the Minister encourages Police to use firearms.
BuffaloaCitizen Tuesday, 30 April 2024 01:29 PM
Mr. Attanayake is lucky this is UK, if he was in SL and this was bastards like DIG Anura Senanayake, he would not even living.
wsw Wednesday, 01 May 2024 08:12 AM
No hesitation to attack Sri Lanka and Sinhalese in particular, given the slightest opportunity, right?
Lk Tuesday, 30 April 2024 01:41 PM
He is telling the police officer that he is the one called the police ? Why is hard handling for just calling the police? Why not the officer make a former enquiry to know what exactly happened and who did? Is it very bad to do this like this .. No language barrier and no reasons to do this way . A few native people still suspect all foreigners
Tissa Fernando Tuesday, 30 April 2024 08:03 PM
Most probably the profiling played a role for the police officer to be prejudiced against people like Attanayake. This prejudice is mainly because of many petty crimes committed by similar looking people living there. But it is appreciatable that justice system is very good in those countries.
sarath gooneratne Tuesday, 30 April 2024 02:38 PM
The rule of law is solid in the UK. No one is above the law. Mistakes do happen sometimes but you have to face the consequences. Now that this Police Officer has a suspended sentence he will be kicked out of the Police Force unlike in Sri Lanka where they will get an automatic promotion.
M ali Tuesday, 30 April 2024 03:03 PM
Clearly needs more punishment ,the officers use of force is very aggressive and the UK police is prone to do it ,it’s best to fight against this case even filling to higher courts
wsw Wednesday, 01 May 2024 08:09 AM
I agree, hope he sues the Police department for damages and an apology. That will send a very strong message that such actions have consequences.
PEOPLE HAVE NOT AND WILL NEVER FORGET THE WHITE VAN DAYS, WHAT JUSTICE HAVE THE FAMILIES GOT TODATE!!! Tuesday, 30 April 2024 04:21 PM
AT LEAST THE OFFICER GOT 12 MTHS AND 150 HRS COMMUNITY SERVICE, WHAT JUSTICE HAVE THE FAMILIES OF THOSE BUNDLED INTO WHITE VANS AND NEVER SEEN OR HEARD OF?
wsw Wednesday, 01 May 2024 08:05 AM
He was sentenced to 12 weeks’ imprisonment, suspended for 12 months, in other words, escaped a jail sentence. I doubt it a colored person would have been shown the same leniency.
wsw Wednesday, 01 May 2024 08:05 AM
He was sentenced to 12 weeks’ imprisonment, suspended for 12 months, in other words, escaped a jail sentence. I doubt it a colored person would have been shown the same leniency.
wsw Wednesday, 01 May 2024 08:05 AM
He was sentenced to 12 weeks’ imprisonment, suspended for 12 months, in other words, escaped a jail sentence. I doubt it a colored person would have been shown the same leniency.
Ram Tuesday, 30 April 2024 04:45 PM
Sentence is inadequate. The award of compensation is good but insufficient as the victim had to take treatment having missed two cricket seasons. The cost of treatment will be much more that 1500 Pounds for no fault of the victim. If any Solicitor can sue the officer
Danny Tuesday, 30 April 2024 06:13 PM
Our IGP is also had issues like this when was a NOT IGP but got promoted anyway!
Maru Tuesday, 30 April 2024 06:32 PM
PLEASE READ CAREFULLY. NOT IN SRILANKA. UK UK UK NOT. MAY. K NOT MAY K
Jeanne Wednesday, 01 May 2024 04:00 AM
It's great to hear that the copper was punished and now holds a criminal record and better still, that Mr Attanayake received compensation for which he is grateful and has said as much. If he is looking for more money for genuine psychological assistance he should ask the UK Police to pay for his treatment otherwise this will just turn into a cash grab circus. Missing two weeks of cricket? What an idiotic statement. Who cares? You're 42 and over the cricket hill. Just play cricket in the park or your backyard already!
Hemantha CHEC Wednesday, 01 May 2024 04:13 AM
Why we bother about him ?. Now, he is not Sri Lankan.
DW Wednesday, 01 May 2024 05:39 AM
As a police officer, you were in a position of significant responsibility. (These actions) will reduce trust and confidence in police. You can't say that in Sri Lanka because people have absolutely no trust and confidence in Sri Lankan Police
S.K Kumara Wednesday, 01 May 2024 06:51 AM
Sri Lankans .. and Sri Lanka generally known for petty theft and con men activities both locally and abroad. These activities naturally leads to racial profiling that ultimately leads to unnecessary offensive battery. Jada Politicians for the past 76 years are responsible and the 226 political vultures must be driven out to liberate the country and its people.
Jesus Wednesday, 01 May 2024 09:18 AM
British beauty Looters of the world Law is so hypocritical
Human Being Wednesday, 01 May 2024 12:26 PM
My assumption is this cop must be either a racist or having mental illness, Otherwise a cop should be able to identify a culprit, glad at least the law there works as quick as possible, if this happened in Sri Lanka, this case will be pending for another 10 years.
Ross Peters Tuesday, 14 May 2024 04:56 PM
Dear Jeanne,I believe you may have received inaccurate information. The statement referenced two cricketing seasons, which suggests a misunderstanding of the situation. It is not uncommon for officers assigned to the Essex police to overreach their authority and obscure the truth, especially in areas such as Romford. The police chief, who was a member of the black community, faced continuous harassment and unfounded complaints from politicians like Andrew Rosendale, who has known affiliations with the far-right Monday Club. Institutional racism is a prominent issue in areas like Romford. However, in this instance, the police misjudged the situation. The officer in question exhibited anger, delusion, arrogance, and poor judgment, ultimately refusing to issue an apology. Fortunately, the Independent Office for Police Conduct (IOPC) pursued the matter. The judge concluded that money was not a contributing factor. The officer has another case pending before the police misconduct hearing.
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