Anger as jury clear PC in CS gas attack

A JURY that cleared a 6f 2in traffic policeman of assault after he squirted CS spray into the face of a pensioner who had parked on double yellow lines was yesterday rebuked by the judge presiding over the case.

PC Andrew Taylor, 31, had denied causing actual bodily harm and said he used the spray because Kenneth Whitaker, 67, was uncooperative, abusive and threatening.

He was cleared by a jury of eight women and four men at Luton Crown Court after four and a half hours. But Judge Daniel Rodwell said: "Notwithstanding the verdict, this has been a disturbing and upsetting case. I fear that the reaction in the Civil Court will be quite different and will cost Bedfordshire Police Authority quite a lot of money."

He refused to award PC Taylor his costs and told the jury: "I think you will perhaps reflect that if in future other OAPs are gassed or assaulted by police they may indeed have this particular case in mind.

"It would be totally wrong to fund this defendant's cost out of public money."

Mr Whitaker's two sons, Vince and Kelvin, and his daughter Jennifer, who were in court, said they were shocked by the verdict.

"He was a 65-year-old man sitting in a car with a seatbelt on who was sprayed because a policeman was scared. I have no faith in the justice system any more," said Ms Whitaker.

Vince Whitaker said: "We were certain it would be guilty. It is unbelievable. I would imagine my father will be seeking further legal advice to see if there is anything else that can be done in the Civil Court."

Mr Whitaker, who was not in court to hear the verdict, said later: "I am just disgusted by it. Nobody is a winner here."

It emerged after the hearing that Mr Whitaker had already been paid thousands of pounds in compensation by Bedfordshire police in an out-of-court settlement after he took civil action against them.

"I would like it to be known that this case was heard last August and I was awarded costs plus an out-of-court settlement which, of course, completely vindicated me," he said.

PC Taylor was driven away from court in an unmarked car by a uniformed traffic policeman after leaving the court with his wife Rebecca, who is also a police officer, and their five-month-old son Daniel.

Outside the court there were angry exchanges between members of Mr Whitaker's family and friends and relatives of PC Taylor.

A spokesman for Bedfordshire police said PC Taylor, who has been suspended pending the outcome of the court hearing, would be reinstated to the force.

The spokesman said Bedfordshire police would "look again" at their CS spray procedures. But he stressed that officers acted within legal guidelines laid down nationally when using their sprays.

"It is essential that police ... have the confidence to use the equipment they are supplied with," he said.

"Bedfordshire police use their incapacitant in line with the national training and within the national guidelines. However, we will look at them again as a matter of course."

He said PC Taylor would not face any internal police disciplinary procedures.