Should we fear police vehicles after third Nottinghamshire incident in a week?

For the third time in just a week, Nottinghamshire Police has referred itself to the Independent Office for Police Conduct. On Tuesday night, 80-year-old Trevor Bartlett – Nottingham Post photographer for 45 years – tragically died after he was hit by a police van while crossing the A52 outside the Nurseryman in Beeston.[1][2][3] Last Friday (December 15), a Ford Fiesta being pursued by a police car careered into a hair salon[4] in Carlton[5], destroying the front of the building.

And just two days prior, 31-year-old NTU student Oshada Jayasudera died after being struck by a car police were chasing on Huntingdon Street[6] in the city centre[7]. In some circumstances, undoubtedly, accidents are unavoidable. But three incidents in the space of one week certainly raise some questions.

Latest events bring the total number of open investigations into Nottinghamshire Police’s conduct to eight – four ongoing and four finished but with outstanding matters, such as criminal or conduct proceedings, to be finalised. Get the latest news straight to your phone by joining us on WhatsApp[8] After a police force is involved in a death or serious incident, it refers itself to the IOPC.

The IOPC completes an investigation and prepares a file. It publishes the report publicly and sends it to the police force involved, and if applicable, to the coroner and family of the deceased. If the investigation suspects that a criminal offence may have been committed, the report will be sent to the Crown Prosecution Service, which decides whether charges should be brought.

In the event that someone is killed or hit by a police car, the officer driving the car is prosecutable.

Oshada Jayasundera (Image: Nottinghamshire Police)

In August, a police officer was jailed for three years after pleading guilty to causing death by dangerous driving,[9] after a pedestrian was killed while crossing a road in London. The police car had been travelling at 83 mph in a 30mph zone and struck the victim at 55mph. In this case, the officers were responding to a “report of a man in acting erratically, throwing rubbish into the road and a woman running away from him.”

As part of its conclusion into the London fatality, the IOPC called for a speed cap on officers responding to incidents.[10] But that was just for the Metropolitan Police and despite the force accepting the recommendation, it has yet to put into practice. But how often do we hear of these prosecutions in the news? Unfortunately, incidents like these take years to come to court.

And the tragic truth is that people’s memories of these cases have largely dwindled by the time they come to court, meaning that there is much less public interest in the reports of any potential police conviction than there may have been locally in the incidents being prosecuted for at the time they happened. Police officer Sarah de Meulemeester from Chinley in Derbyshire was jailed in May after crashing into a pedestrian and leaving him in a vegetative state whilst travelling at more than the speed limit in a 30mph zone.[11] That incident happened on Boxing Day 2020, around two-and-a-half years prior. The investigation into the death of 22-year-old Rachael Louise Moore, who was killed by a police car on Christmas[12] Eve last year while on her way back from Christmas shopping in Liverpool,[13] is also still ongoing.

It’s another of many that are long in the past by the time an investigation concludes. Due to the legalities of ongoing investigations, details about the collision that killed Trevor and Oshada, or details around how the damage to the hair salon happened, will not be released for a long time.

Trevor Barlett was killed by a police van on Tuesday night (December 19)

The College for Policing’s website explains that police in the UK use the National Decision Model (NDM) to “manage their response to a situation in a reasonable and proportionate way.” By law, police officers (as well as drivers of other emergency vehicles) are exempt from observing speed limits, keep right/left signs and traffic lights. There is no guidance or regulation as to by how much speed limits can be broken by.

But the College’s guidance is that “even where a statutory exemption exists, the police driver must always give due regard to their driving manner and behaviour.” It also gives guidance on police pursuits. It says: “Pursuit activity and use of pursuit tactics are likely to place members of the public and police officers under a significant degree of risk.

Wherever possible, trying to prevent a pursuit from taking place must be a primary consideration.” When I walked up Maid Marian Way on Wednesday morning, I thought passingly, and coincidentally about the death of Oshada Jayasundera and of Rachael Moore, whose family were from Derby. I briefly envisioned a police car racing up the street behind me.

Twenty minutes later, I was in the office and we’d heard about Trevor’s death. For it to be the third involving police in a week was shocking. Accidents happen.

But at what point do we start fearing police cars travelling at speed? Is it right for the public to need to exercise caution on the streets because of the chance that one, whether in a chase or on its own, is a danger to us? The IOPC’s investigation into Mr Bartlett’s death has already involved and will involve more “gathering initial accounts from the officers involved, along with CCTV, police body worn video and dash-cam footage for review.” Telematics data from the police van which killed Mr Bartlett is also being gathered and the van has been forensically recovered for examination, the IOPC said.

IOPC Regional Director Derrick Campbell said: “Our sympathies are with Mr Bartlett’s family, who have been devastated by this tragic incident, and everyone else affected. Our role is to independently investigate the involvement of police in this collision to establish the circumstances. “That will include looking at any actions taken by the police driver and whether those followed policy and procedure.

We have been in contact with Mr Bartlett’s family to explain our work and we will keep them fully updated as our investigation continues.” The coroner has been informed of Mr Bartlett’s death and a Home Office pathologist will carry out a post mortem later this week. A 27-year-old man has been charged with four offences after the death of Oshada Jayasundera on Huntingdon Street.

Joshua Gregory, of Westfield Road in Kirkby-in-Ashfield, has been charged with four offences – causing death by dangerous driving, causing death by driving whilst uninsured, failure to stop after a road accident, and failure to provide a specimen for analysis.

A 49-year-old man has been arrested on suspicion of failing to stop, dangerous driving and driving when unfit through alcohol or drugs after the crash into the hairdressers in Carlton.

References

1. ^ Nottinghamshire Police (www.nottinghampost.com)
2. ^ Police (www.nottinghampost.com)
3. ^ tragically died after he was hit by a police van while crossing the A52 outside the Nurseryman in Beeston. (www.nottinghampost.com)
4. ^ careered into a hair salon (www.nottinghampost.com)
5. ^ Carlton (www.nottinghampost.com)
6. ^ died after being struck by a car police were chasing on Huntingdon Street (www.nottinghampost.com)
7. ^ city centre (www.nottinghampost.com)
8. ^ Get the latest news straight to your phone by joining us on WhatsApp (www.nottinghampost.com)
9. ^ police officer was jailed for three years after pleading guilty to causing death by dangerous driving, (www.policeprofessional.com)
10. ^ the IOPC called for a speed cap on officers responding to incidents. (www.policeprofessional.com)
11. ^ jailed in May after crashing into a pedestrian and leaving him in a vegetative state whilst travelling at more than the speed limit in a 30mph zone. (www.cps.gov.uk)
12. ^ Christmas (www.nottinghampost.com)
13. ^ while on her way back from Christmas shopping in Liverpool, (www.policeconduct.gov.uk)