WIREDGOV

A Metropolitan Police Service (MPS) officer has been found guilty of common assault after pushing 16-year-old Onyeka Obi through a shop window.

Police Constable Marcus Ballard, 29, was on duty with the MPS's Territorial Support Group (TSG) on Bromley High Street on Saturday 27 February 2010 when he approached the 16-year-old in order to stop and search him.

Onyeka had been out for the day with a group of friends who were celebrating a birthday. They had not planned to go to Bromley and were attempting to get a 208 bus to take them home.

Police were called to the High Street at approximately 11:30pm after an argument involving a bus driver and the group of friends. The driver requested police attend and officers from Bromley Borough attended and spoke to some of the young people.

TSG officers, including PC Ballard subsequently arrived to offer assistance. The TSG officers were informed by the Borough officers that their help was not required but were asked to remain in the area. Shortly after, two young women approached the TSG carrier and spoke to an officer. The women expressed concern about two young men walking behind them, Onyeka and one of his friends. This prompted PC Ballard and a TSG colleague to exit their carrier to stop and search them.

The investigation gathered CCTV from the High Street that showed the boy with his hands in his pockets and not acting in a threatening manner as PC Ballard approached him. PC Ballard then grabbed the 16 year-old by his arm to turn him around, before grabbing his jacket, and forcibly pushing him backwards towards a shop window.

The CCTV showed the victim’s head moving in a ‘whiplash’ fashion with the force of the push and a witness described him being lifted off his feet and forced backwards towards the shop window. Fortunately neither Onyeka, nor PC Ballard, sustained serious injury.

The judge at City of Westminster Magistrates' Court commented that she preferred the evidence of Onyeka Obi and concluded there was no reason for PC Ballard to have grabbed him and propelled him backwards. On a separate count of common assault, the officer was found not guilty of using excessive force when he initially grabbed Onyeka’s arm. PC Ballard is due to be sentenced on Friday.

IPCC Commissioner Mike Franklin, said:

"As a police officer PC Ballard is entitled to use force where necessary to defend himself and members of the public. However, the CCTV and witness evidence clearly shows he had no need to be aggressive - the teenager posed no threat to him or others. Despite the teenager having his hands in his pockets PC Ballard forcibly grabbed and then pushed him towards a shop window.

"The officer has made the already difficult task of gaining public confidence in stop and search that much more difficult.

"I would like to highlight the work done by our investigators with the victim and other young witnesses. It is not easy to gain the trust of young people, who often feel they do not have a voice, especially when it comes to challenging those who are in authority. I wish to thank these young people for their courage in giving evidence. I hope this case gives young people the confidence to engage with the complaints system and police forces so their experiences can help improve how sensitive procedures like stop and search are performed.”