Death of Ian Tomlinson

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Ian Tomlinson (1961/62 – 1 April 2009) was a British newspaper vendor who died in the City of London, London's financial district, during the 2009 G-20 London summit protests on his way home from work. A first postmortem indicated that he had suffered a heart attack because of coronary artery disease, and had died of natural causes.^[1][2]

His death became controversial a week later when The Guardian obtained video footage, taken by an investment fund manager from New York, showing that Tomlinson, who was not a protester, had been struck on the leg from behind by a police officer wielding a baton, then pushed to the ground by the same officer. The footage showed no provocation on Tomlinson's part, who at the time was walking with his hands in his pockets.^[3]

After The Guardian published the video, the Independent Police Complaints Commission (IPCC) began a criminal inquiry from which the police were removed.^[4] A second postmortem, ordered by the IPCC and Tomlinson's family, indicated that Tomlinson had died from an abdominal haemorrhage, the cause of which remains unknown.^[2] The officer in question has been interviewed on suspicion of manslaughter.^[2] A third postmortem was conducted at the request of his defence team, the results of which have not been released.^[5]

The incident has sparked debate in the UK about what appears to be a deteriorating relationship between the police and the public, about the extent to which the IPCC is truly independent of the police, and about the role of citizens in monitoring police and government activity.^[6]

Contents 1 Background 1.1 Ian Tomlinson 1.2 Metropolitan and City of London police 1.3 Territorial Support Group 1.4 IPCC 2 The incident 2.1 Tomlinson's route 2.2 6:07 pm or 7:08 pm: First encounter with police 2.3 Circa 7:15 pm: First alleged assault 2.4 7:20 pm: Second alleged assault 2.5 7:25 pm: Tomlinson's collapse 2.6 The officer in the video 3 IPCC criminal inquiry 3.1 3 April: First postmortem 3.2 9 April: Second postmortem 3.3 22 April: Third postmortem 4 How the story emerged 4.1 1 April: First police statement 4.2 2–3 April: Other early police statements 4.3 Initial newspaper reports 4.4 Initial eyewitness accounts 4.5 7 April: Guardian/American businessman video 4.6 8 April: Channel 4/Ken McCallum video 4.7 9 April: Nabeela Zahir video 4.8 14 April: Presence of CCTV cameras confirmed 4.9 21 April: Guardian Cornhill video 4.10 24 April: Sky News image of head injury 4.11 Allegations of obstructing journalists 5 Opinions on the actions of the police and IPCC 5.1 Delay in removing police from the inquiry 5.2 Nicola Fisher video 5.3 Metropolitan police response 5.4 Third complaint of violence 5.4.1 IPCC response 5.5 Previous criticism of the IPCC 5.6 Vigil coverage 6 Criminalisation of photography 7 Criticism of news coverage 8 Related links 9 See also 10 References 11 External links 11.1 Video and images of Tomlinson 11.2 Other video 11.3 Miscellaneous

[edit] Background

[edit] Ian Tomlinson

Tomlinson was born to Jim and Ann Tomlinson, and was raised in Matlock, Derbyshire. Tomlinson moved to London when he was 17 to work as a scaffolder or roofer in the East End. At the time of his death, he was working casually as an Evening Standard newspaper vendor.^[7][8][9]

Known as "Tommo" to his friends, he was married with nine children — five girls and four boys — aged between 15 and 32, four from his marriage to Julia Tomlinson, and five from his wife's previous marriage. He and his wife had been living separately for 13 years, reportedly as a result of his problems with alcohol. He was living in the Lindsey Hotel, a hostel described as a shelter for the homeless, on Lindsey Street, EC1, near the Smithfield meat market, where he had been staying since October 2008. Before that, he had experienced long periods of homelessness.^[7][9]

His friends told reporters that he was a keen Millwall F.C. fan. He can be seen wearing a Millwall football shirt on the day of his death.^[7]

[edit] Metropolitan and City of London police

The Metropolitan Police Service (MPS or the Met), the largest police force in the UK, is responsible for policing Greater London. The Met is also known as Scotland Yard after the location of its original headquarters.^[10] Its current commissioner is Sir Paul Stephenson. Responsibility for supervising the Met falls to the Metropolitan Police Authority, chaired by the Mayor of London, currently Boris Johnson.

The only area of Greater London for which the Met is not responsible is the financial district, the City of London, covered by the smallest force in England and Wales, the City of London Police. Its current commissioner is Mike Bowron.

The G20 security operation was codenamed Operation Glencoe. Its overall or Gold commander was Commander Bob Broadhurst.^[11] The local operational or Bronze commander was Chief Superintendent Alex Robertson.^[12] The police choice of codename attracted comment. Two days earlier The Guardian had reported "speculation among protesters that it was chosen because of the 1692 massacre in the Highlands." ^[13]. BBC coverage of the build-up included the observation that the security operation had been so dubbed "perhaps with questionable judgment." ^[14]

[edit] Territorial Support Group

The officer seen pushing Tomlinson on The Guardian's video is a police constable with the Met's Territorial Support Group (TSG or CO20). They can be identified by the "U" on their shoulder numbers, the Daily Telegraph writes that they are known as the "tough guys and girls" of the Met, specialising in the policing of public disorder, when officers wear "NATO" helmets, flame-retardant overalls, stab vests, gloves, balaclavas, and boots, and carry batons, pepper spray, and handcuffs. They are also authorised to use tasers. Specially trained officers sometimes carry handguns or Heckler & Koch MP5s,^[15][16] whereas most police officers in Britain do not carry firearms. The operational commander of the TSG as of 9 March 2009 is Chief Superintendent Mick Johnson.

The TSG is the successor to the Special Patrol Group, which was reported to have been involved in the death of Blair Peach in April 1979, during a demonstration in Southall by the Anti-Nazi League against a National Front meeting.^[17] Reportedly trapped inside a police cordon, Peach was knocked unconscious and died the next day in hospital. No firm evidence of an assault emerged, but it was claimed that he had fallen to a blow from a rubberised police radio belonging to the Special Patrol Group.^[18] Lord Denning famously said there was much evidence he had been killed by a police officer and no evidence he was killed by anyone else.^[19] Commentators are comparing the circumstances of Tomlinson's death to that of Peach.^[20]

[edit] IPCC

The Independent Police Complaints Commission (IPCC) was created by the Police Reform Act 2002, and began to operate on 1 April 2004. It replaced the Police Complaints Authority (PCA) following public dissatisfaction with the latter's relationship with the police. Unlike the PCA, the IPCC operates independently of the Home Office, which regulates the police. IPCC investigators are not police officers, though they have been given the powers of the police. The IPCC refers to itself as the "most powerful civilian oversight body in the world."^[21] Its current chair is Nick Hardwick.^[22]

[edit] The incident

[edit] Tomlinson's route

Press reports indicate that Tomlinson did not take part in the G20 protests, but was walking across London's financial district during the protests on 1 April, attempting to get back to the Lindsey Hotel, Smithfield after work. He was wearing a Millwall football shirt and tracksuit trousers. The route he took was apparently his normal route home from a newspaper stand on Fish Street Hill outside Monument tube station, where he worked with a friend, Barry Smith.^[23] It brought him into contact with police cordons created as part of Operation Glencoe, the police operation to prevent public disorder during the G20 summit.^[24]

[edit] 6:07 pm or 7:08 pm: First encounter with police

Several newspapers have published images of Tomlinson's first encounter with police on the evening of his death, though in reporting the times the images were taken, the newspapers differ by one hour, possibly because of discrepancies in the cameras' internal clocks.

Barry Smith, Tomlinson's friend, says Tomlinson left the newspaper stand at around 7 pm.^[23]

This image published by the Daily Mail shows Tomlinson smoking a cigarette and standing in front of a police van in Lombard Street. The time was 6:07 pm, according to the newspaper. The Mail writes that an eyewitness, IT worker Ross Hardy, said Tomlinson was drunk and refusing to move. Hardy says the van tried to nudge Tomlinson out of the way, and when that didn't work, he was reportedly "manhandled" out of the way by four riot officers.^[25][26] The Mail has published this image of him apparently being pushed by the police at 6:09 pm.^[25] The Daily Telegraph and Evening Standard concur with the times given by the Mail.^[26][27]

On 16 April, The Guardian published three new images ([1] [2] [3]), clearly taken at the same time as the Daily Mail images, though The Guardian says they were taken at 7:08 and 7:10 pm, an hour later than the time given by the Mail.^[28]

The Daily Telegraph writes that, after this first encounter with the police, Tomlinson stayed on Lombard Street for another half an hour, then made his way to King William Street, toward two lines of police cordons, where police had "kettled" (contained by cordons) thousands of G-20 Meltdown protesters who were in the area around the Bank of England.^[23] At 7:10 pm, he doubled back on himself, and five minutes later was on Lombard Street again, crossed it, walked down Birchin Lane, and reached Cornhill at 7:10, according to The Times, or at 7:15 pm, according to the Telegraph.^[23][27]

A few minutes later, he was at the northern end of Royal Exchange Buildings, near the junction with Threadneedle Street, where another police cordon stopped him from proceeding. He turned to walk south instead along Royal Exchange, a pedestrian precinct, where, minutes before he arrived, four police officers had clashed with up to 25 protesters. MPS riot police and City of London police dog handlers had moved into Royal Exchange Buildings from the cordon in Threadneedle Street to help their colleagues.^[23]

[edit] Circa 7:15 pm: First alleged assault

An eyewitness, Anna Branthwaite, told The Times that, as Tomlinson passed the statue of George Peabody, a police officer "rushed forward" and grabbed Tomlinson from behind with his left hand:

"He [the officer] grabbed his back and charged him and threw him forward. Ian landed on his left side and bounced because of the force of the impact. He looked absolutely petrified. Clearly had no idea what was happening."

She said the officer then struck Tomlinson with his baton twice, either on the torso or the upper legs.

"Ian was scrambling to get up and was half up when the same police officer grabbed him again and threw him forward. He took a couple of steps forward, stumbling, and started trying to run away. He was in total shock."^[23]

The Times writes that Tomlinson continued walking along Royal Exchange Buildings. The newspaper writes that he was filmed "stumbling and swaying with his hands buried in his trouser pockets." Police officers are reported to have followed him as he walked 50 yards along the street.^[23] He tried to head towards Threadneedle Street, but again ran into police cordons, so doubled back on himself yet again towards Cornhill.^[27]

[edit] 7:20 pm: Second alleged assault

The video footage obtained by The Guardian shows a group of officers approach Tomlinson again — the same group of officers, according to The Times — outside a Montblanc store at the southern end of Royal Exchange Buildings.^[23] Some of the officers are in riot gear; others are accompanied by German Shepherds.^[27]

The video, passed to The Guardian at 2 am on 7 April by an investment fund manager from New York who was in London on business, shows Tomlinson walking slowly with his hands in his pockets. Several of the officers with dogs are walking very closely behind him. An eyewitness, Alan Edwards, says Tomlinson was saying, "I want to go home. I live down there. I'm trying to get home." The witness said Tomlinson was obeying police orders to move in the direction he was going.^[29]

The footage shows one officer appear to lunge at Tomlinson from behind, then strike him across the legs with a baton the officer was holding in his left hand. The same officer then appears to push Tomlinson's back, causing him to fall.

On 8 April, Channel 4 News released more footage of the same scene, which shows the officer striking out at Tomlinson from a different angle.^[30] The video shows the officer's arm swing back fully to head height before bringing it downwards to hit Tomlinson on the legs.^[1][23]

[edit] 7:25 pm: Tomlinson's collapse

Tomlinson can be seen briefly remonstrating with police as he sat on the ground. After being helped to his feet by a protester, Alan Edwards, he walked 200 feet to Cornhill, opposite St Michael's Alley, where he collapsed at around 7:25 pm outside the Co-operative Bank. Witnesses say he had been stumbling, appeared dazed, his eyes were rolling, and his skin was deathly grey. They also said he smelled of alcohol.^[23]

An ITV News photographer went to give medical aid, but was forced away by police, as was Lucy Apps, a third-year medical student.^[23][31] Daniel McPhee, a social support worker, told The Daily Telegraph that he was one of the first on the scene, and that he dialled 999. At that point, Tomlinson was reportedly still breathing. The ambulance operator told McPhee to put Tomlinson on his back, McPhee says. Then a group of riot police surrounded Tomlinson. The operator asked to speak to the police. McPhee says the police ignored the request.^[32] Police medics then attended to Tomlinson, who was pronounced dead on arrival at hospital.^[33]

[edit] The officer in the video

The officer in question and three colleagues from the Met are reported to have made themselves known to a manager, then to the IPCC, on 8 April, the day after The Guardian published its video evidence.^[34]

The officer seen striking Tomlinson is a police constable with the Territorial Support Group (TSG), reportedly based at Larkhall Lane police station in Lambeth, South London.^[35] The Guardian alleges that he may have removed his shoulder number and covered his face with a balaclava before hitting Tomlinson.^[36] The Daily Mail writes that this image indicates that the officer's shoulder ID was missing.^[25] The Mail on Sunday writes that TSG officers have been known to swap shoulder IDs, so that they can claim, if accused of wrongdoing, that their unit was elsewhere at the time, and that it must be a case of mistaken identity.^[35]

Simon Israel of Channel 4 News reported on 22 April that the officer was identifiable on footage taken in several locations on the day of the protest by the letters U41 on his helmet, by being left-handed, wearing a balaclava, no gloves, no shield, and wearing his yellow jacket tucked in. The IPCC sought but failed to obtain an injunction to prevent Channel 4 from airing Israel's report. According to Channel 4, one of the IPCC's concerns was that the report might prejudice the criminal inquiry, because some of the officers who may have been eyewitnesses had not been questioned by the time Channel 4 aired it.^[37]

Several newspapers have reported the officer collapsed when he learned what had happened, though their accounts differ. The Independent on Sunday reports that the officer passed out when told at home that Tomlinson had died.^[38] The Mail on Sunday writes that he collapsed when told the incident had been filmed.^[35] According to the Sunday Mirror, the officer did not realize he was the man who had pushed Tomlinson until he saw The Guardian video on television on Wednesday, 8 April, at which point he telephoned the Met to tell them. The Mirror writes that he then collapsed and was taken with a suspected heart attack to a hospital in Sussex, though he was released the next day.^[39] The Metropolitan Police Federation said on 12 April that the officer had been signed off work as sick.^[35]

The media was critical of the delay in taking action against the officer who, by 10 April, had not been arrested, charged, or even interviewed.^[40][41] When the second postmortem indicated that Tomlinson had died of internal bleeding, the officer was interviewed on suspicion of manslaughter, according to an IPCC statement released on 17 April.^[2]

The Guardian reported in July that the officer had a "chequered history" which should have barred him from the force.^[42] He had been facing a misconduct hearing, involving road rage, earlier in his career. The officer took early retirement on grounds of a shoulder injury, but later rejoined the force, notwithstanding vetting procedures that were supposed to prevent this. Whether he still receives an injury pension from his previous enrollment in the Met, while being newly employed in a physically demanding role within the TSG, remains to be investigated.

[edit] IPCC criminal inquiry

The IPCC removed the Tomlinson inquiry from the City of London police on 8 April, after publication of The Guardian video. IPCC investigators are not police officers. The IPCC told Channel 4 News on 9 April that there is still minor involvement from City of London police, though only to preserve continuity until IPCC investigators are up to speed.^[22]

[edit] 3 April: First postmortem

The IPCC told reporters that the first postmortem, conducted by Dr Freddy Patel on 3 April,^[40] concluded that Tomlinson had died of a heart attack. The IPCC said on 10 April that the postmortem showed Tomlinson did not have bruises or scratches on his head or shoulders, but did not say whether there were injuries elsewhere on his body.^[40]

Later press reports indicate that Patel also found injuries on his body and blood in his abdomen.^[43] John Scurr, a vascular surgeon at the Lister Hospital in Chelsea, told ITN that, in the absence of a suspicion of assault, Patel might have concluded that the bleeding was from accidental injury inflicted during attempts to resuscitate Tomlinson, a not uncommon occurrence during cardiac massage.^[44]

Patel is on a Home Office register of accredited forensic pathologists. The Guardian writes that he was reprimanded by the General Medical Council in 1999, after releasing to reporters medical details about Roger Sylvester, a black man who had died in police custody. Patel told reporters that Sylvester was a crack cocaine user, something his family denied. In 2002, the newspaper writes, the police dropped a criminal inquiry because Patel said the victim, Sally White, had died of a heart attack, with no signs of violence, though she was reportedly found naked with bruising to her body, an injury to her head, and a bite mark on her thigh.^[45] Anthony Hardy, a mentally ill alcoholic who lived in the flat in which her body was found locked in a bedroom, later murdered two women and placed their body parts in bin bags.^[46] David Howarth, justice spokesman for the Liberal Democrats, has asked how Patel was chosen as the pathologist; an unnamed source told The Guardian that a suspicious death in London would normally be referred to the Forensic Pathology Services. Patel responded to The Guardian's criticism by saying that the GMC reprimand was a long time ago, and that his findings in the Sally White case were not contested.^[46]

[edit] 9 April: Second postmortem

An inquest opened on 9 April, and a second postmortem, ordered jointly by the IPCC and Tomlinson's family, was carried out that day by Dr. Nathaniel Cary. The coroner in the case is the City of London coroner, Paul Matthews.^[47]

A statement released by the coroner on 17 April said that Cary's provisional findings were that Tomlinson had died because of abdominal haemorrhage, the cause of which remains unknown. Although there was evidence of coronary atherosclerosis, it was insufficient to have contributed to Tomlinson's death, in Cary's view. The findings are provisional and dependent on further tests. The officer seen hitting and pushing Tomlinson has been interviewed under caution on suspicion of manslaughter.^[2][48]

Cary is known for conducting second autopsies that overturn the results of previous examinations. He was involved in showing that Pakistan cricket coach Bob Woolmer had died of heart failure, and had not, as was thought, been murdered in Jamaica. He was also involved in the Harold Shipman case, and the investigation into the death of Benazir Bhutto.^[49]

[edit] 22 April: Third postmortem

Because of the conflicting conclusions of the first two postmortem examinations, a third was scheduled by the coroner for 22 April, at the request of the accused officer's defence team.^[5]

[edit] How the story emerged

Death of Ian Tomlinson How the story emerged 1 April 2009: Tomlinson dies around 19:30. 1 April: At 23:36, the Met says protesters attacked them while police fought to save him. 2 April: Newspapers lead with that angle. IPCC will "assess the circumstances." 3 April: Autopsy: Tomlinson had heart attack. 3 April: Guardian tells City of London Police it has photos of Tomlinson lying at the feet of riot police. 4 April: City of London Police say Tomlinson died of natural causes. 5 April: Guardian publishes photos and testimony that Tomlinson was hit by police. 5 April: IPCC says Guardian has upset the family. Tells journalists there is "nothing in the story." 6 April: IPCC confirms that Tomlinson had contact with the police: appeals for witnesses. 7 April: At 2 am, Guardian receives video showing Tomlinson was hit by an officer. Publishes it that afternoon on website. 8 April: IPCC removes police from inquiry. 9 April: IPCC suspends officer in question. Second autopsy conducted. IPCC says no CCTV cameras near assault. 14 April: CCTV cameras near the assault found by Evening Standard. 17 April: Second autopsy: Tomlinson died from abdominal haemorrhage. Officer questioned on suspicion of manslaughter. This box: view • talk • edit

[edit] 1 April: First police statement

The Met issued its first statement on 1 April at 23:36 pm, around four hours after Tomlinson's death. It said that police had been alerted that a man had collapsed, and were attacked by "a number of missiles" as they tried to save his life:

"A member of the public went to a police officer on a cordon in Birchin Lane, junction with Cornhill to say that there was a man who had collapsed round the corner.

"That officer sent two police medics through the cordon line and into St Michaels Alley where they found a man who had stopped breathing. They called for LAS support at about 1930.

"The officers gave him an initial check and cleared his airway before moving him back behind the cordon line to a clear area outside the Royal Exchange Building where they gave him CPR.

"The officers took the decision to move him as during this time a number of missiles - believed to be bottles - were being thrown at them.

"LAS [London Ambulance Service] took the man to hospital where he was pronounced dead.^[50]

According to Nick Davies, writing in The Guardian on 27 April, this statement was the result of an "intense argument" in the Met's press office. An earlier draft had been rejected. The final draft was approved by a regional director at the IPCC. Davies writes that both the Met and the IPCC say that the statement represented the truth as they understood it at the time, and that there had been no allegation that Tomlinson had come into contact with police.^[43]

Davies asks why the IPCC would have been involved at that point if they had not realized Tomlinson had had contact with the police just before he died. Davies cites the IPCC's statutory guidelines, which say incidents should be referred to them where, "persons have died or been seriously injured following some form of direct or indirect contact with the police and there is reason to believe that the contact may have caused or contributed to the death or serious injury".^[43]

Davies alleges that, contrary to the official stance of the Met and IPCC, senior sources within the Met have said privately that the assault on Tomlinson was spotted as it happened by the police control room at Cobalt Street in south London, and that a chief inspector on the ground had also reported it. In response to The Guardian's story, the Met issued a statement denying the allegations, saying they had checked with every chief inspector who had been part of Operation Glencoe, and none of them had called in such a report.^[43]

[edit] 2–3 April: Other early police statements

From 2 April over the next few days, the IPCC told journalists that Tomlinson's family had expressed concerns about his health, and were "not surprised to hear what had happened." When journalists asked whether Tomlinson had had any contact with police officers before his death, they were told the speculation would "upset the family."^[21]

Even after being told by The Guardian on 3 April that they had obtained a photograph of Tomlinson lying at the feet of riot police (not published until 5 April), the City of London Police issued a statement on 4 April:

A post-mortem examination ... found he [Tomlinson] died of natural causes. [He] suffered a sudden heart attack while on his way home from work. The family thanked all the people who rushed to Ian's aid when he collapsed and said how grateful they are for all the efforts made to help.^[51]

[edit] Initial newspaper reports

In accordance with police briefings, the Evening Standard, London's evening newspaper, reported on 2 April that, "police were bombarded with bricks, bottles and planks of wood" as they assisted Tomlinson.^[52] The web edition of the story was later changed, but still stated:

"Today it emerged that police had come under a barrage of missiles as they tried to save the life of a man who collapsed during a protest near the Bank of England last night.

"The officers were hit by bottles thrown from the crowd and were forced to carry the man to a safe location to give him mouth-to-mouth resuscitation. An ambulance crew then took the man to hospital, where he died.

"An independent investigation has been ordered into the death of the man, who was in his forties. He had been found slumped in an alley off Cornhill after suffering a suspected heart attack. Police are investigating reports that he was an innocent by-stander who got caught up in the trouble."^[53]

The newspaper went on to report, "A witness claimed that protesters came to the aid of the man, and that just a few plastic bottles were thrown by people further back in the crowd who did not realise what was happening.^[53]

[edit] Initial eyewitness accounts

According to eyewitnesses, reports of missiles raining down while police tried to assist are "completely false."^[54] Witnesses say it was protesters, not police, who provided the initial first aid, and who telephoned for medical help, as well as requesting it with a megaphone. "The only attitude of people in the crowd was to help this guy," one eyewitness said.^[54]

Fran Legg, a politics student at Queen Mary, University of London, told The Evening Standard that it was a friend of hers who put Tomlinson in the recovery position. She said that around eight riot police arrived on the scene with police medics, who stood around Tomlinson. The Standard reported that, "by the time police medics took over from her friend, the man had fallen unconscious."^[53]

Witnesses stated that one or two plastic bottles were thrown by people who were unaware of Tomlinson's situation, but other protesters told them to stop.^[55] The Times wrote that an analysis of television footage and photographs showed just one bottle, that was probably plastic, being thrown in the area.^[23] Eyewitness Jasper Jackson, who photographed Tomlinson just before he collapsed, said, "There were a couple of people throwing bottles in the direction. A bottle smashed near a Starbucks. Protesters told them to stop it. In fact they were threatening to kill other protesters if they did anything to disrupt the treatment."^[32]

[edit] 7 April: Guardian/American businessman video

The Guardian video showing the second assault on Tomlinson was shot on a digital camera by an investment fund manager from New York, visiting London on business, who said he attended the protests out of curiosity. The man, who has asked not to be named, told The Guardian:

"Around 7.20pm or so, the riot police began kettling the crowd away from the Bank [tube] station and the crowd began to panic as the police lines closed in. Then the dogs were brought in. I spotted Mr Tomlinson wandering around Royal Exchange very close to the police line with the dogs, hands in his pockets. He appeared to be only an observer.

"It was then, when Mr Tomlinson's back was turned to the police line, that a masked riot officer forcibly threw Mr Tomlinson to the ground from behind. With his hands in his pockets, his ability to break his fall was limited. Although he did get his hands out in time, I believe he hit the top of his head on the pavement. This is all captured on the video."^[56]

At first, he did not understand the significance of his footage. It was only after several days, on his way to Heathrow airport, that he realised the man he had filmed being assaulted was the same man reported as having died of a heart attack. At that point, at 2 am on 7 April, he passed his footage to The Guardian, which published it that afternoon, before giving a copy to the IPCC.^[56]

[edit] 8 April: Channel 4/Ken McCallum video

A second video of the assault was published shortly after the Guardian's, this one taken by Channel 4 News. Shot from a different angle, the footage shows the officer who hit Tomlinson draw his left arm back fully to head height before bringing the baton down on Tomlinson's legs.^[57]

Alex Thomson, chief correspondent of Channel 4 News, who was present at the time, writes that Ken McCallum, the Channel 4 cameraman, was filming another incident, where three bankers appeared to be provoking the crowd. In the background, unseen by the journalists but recorded by the camera, Ian Tomlinson was being assaulted. Half an hour later, Thomson was doing a live broadcast, when something happened that caused the camera to be broken; he won't say what, as the incident is apparently being investigated by police and lawyers. It took engineers several days to recover the tape, which is when they saw that Tomlinson's assault was on it. Channel 4 broadcast it on 8 April.^[58]

[edit] 9 April: Nabeela Zahir video

On 9 April, The Guardian published new video shot by Nabeela Zahir, a freelance journalist. The footage shows the immediate aftermath of the incident, with Tomlinson on the ground, almost hidden by members of the public and the police. The police can be seen moving away at least one woman who tried to help him, and a man, Daniel McPhee, who was on the phone to the ambulance services.^[32][59]

The Guardian writes that there is no evidence of the "barrage of missiles" reported on 2 April by the Evening Standard after police briefings. One protester shouts, "There is someone hurt here. Back the fuck up." Another voice in the crowd says, "There's someone hurt. Don't throw anything." This indicates that something may have been thrown, but no "barrage of missiles," and the police officers around Tomlinson were not affected by whatever it was.^[59]

The newspaper also writes that, 56 seconds into the video, three officers can be seen with their face masks pulled halfway up their faces.^[59]

[edit] 14 April: Presence of CCTV cameras confirmed

Interviewed on 9 April by Channel 4 News, Nick Hardwick, the chair of the IPCC, said there were no CCTV images of the assault on Tomlinson, because there were no CCTV cameras in the area. He said: "We don't have CCTV footage of the incident... there is no CCTV footage, there were no cameras in the location where he was assaulted."^[22]

On 14 April, the Evening Standard wrote that it had discovered at least six CCTV cameras in the area around the assault. At 10:30 am, after photographs of the cameras were published, the IPCC reversed its position and said its investigators were looking at footage recovered from cameras in Threadneedle Street near the corner of Royal Exchange Passage, where Tomlinson was assaulted. An IPCC spokesperson, Deborah Glass, said, "At this point, Mr Hardwick believed that he was correct in this assertion — we now know this may not be accurate. There are cameras in the surrounding area."^[60][61]

[edit] 21 April: Guardian Cornhill video

The Guardian secured a four-minute video of Tomlinson's assault from an anonymous bystander who was filming on Cornhill between 7:10 and 7:30 pm, catching the moments prior to the assault from a different angle, and the moment Tomlinson's head hit the ground. The footage, given exclusively to The Guardian and the IPCC, shows Tomlinson standing behind a bicycle rack in the middle of Royal Exchange Passage with his hands in his pockets, appearing to offer no resistance to a group of advancing police officers. When a police dog approaches him, he turns his back. At that point, he is hit on the legs and pushed by the TSG constable. The full version of the footage, which The Guardian has not made available, also reportedly shows a police officer grabbing a protester and hitting the latter's head against a police van.^[62]

The Guardian writes that the IPCC sought an injunction against the broadcast of part of the video by Channel 4 News, which had secured a copy from YouTube, saying its broadcast would damage their investigation, but a judge rejected the application. YouTube has removed the video.^[62]

[edit] 24 April: Sky News image of head injury

Sky News obtained this image of Tomlinson after he collapsed and was being attended to by police medics, which appears to show bruising on the right side of his forehead. This is consistent with this video showing him scrape along the ground on the right side of his forehead after he fell. Eyewitnesses talk of hearing a noise as his head hit the ground. A head injury was recorded by the pathologists, but was not thought to have been the cause of death, according to Sky News,^[63][64] though a report on 10 April cited the IPCC as saying that no bruising or scratches to the head and shoulders had been found by the first pathologist.^[40]

[edit] Allegations of obstructing journalists

The Guardian reports that the IPCC and police may have sought to obstruct the newspaper's initial enquiries into Tomlinson's death. Investigators agree that speed is of the essence in such enquiries, in order to make sure evidence does not disappear. The Guardian reports that the London Metropolitan police delayed the announcement of Tomlinson's death by three hours, while blaming protesters for having attacked them with bottles while officers were trying to save his life. The police now refuse to say where that information came from, according to The Guardian.^[21]

The IPCC announced that the investigation would be handled by the City of London Police. Journalists were told that Tomlinson's family had expressed concern about his health, and were "not surprised" to hear what had happened to him. The Guardian says this was used to guide the way newspapers reported the death. When journalists asked whether police officers had had any contact with Tomlinson before he died, they were asked not to speculate, because it might "upset the family." When reporters asked police if they could make direct contact with the family, they were refused. The police issued a statement on the family's behalf instead, which said, "The police are keeping us informed of any developments."^[21]

The police did not tell the family that, on 3 April, The Guardian had obtained photographs of Tomlinson after the second alleged assault, sitting on the ground surrounded by riot police. The next day, the results of the postmortem were released, concluding that Tomlinson had died of natural causes. Reporters who approached the coroner directly were met with a refusal to comment. Police refused to say whether the postmortem had revealed any marks on Tomlinson's head or body from a baton blow. The Guardian published its image of Tomlinson on the ground on Sunday, 5 April.^[21]

That morning, Tomlinson's family attended the scene of his death, where they met a Guardian reporter. They were reportedly happy with the publication of the image. They wanted to know more, according to the newspaper, and gave the reporter their contact details. The family's police liaison officer later approached the newspaper to say he was "extremely unhappy" that the reporter had spoken to the family, and that the newspaper had to stay away from them for 48 hours. The IPCC separately accused the newspaper of "doorstepping the family at a time of grief." On the same day, the IPCC briefed journalists from other newspapers that "there was nothing in the story" that Tomlinson might have been assaulted by police before his death."^[21]

On 7 April, The Guardian published on its website the video of the alleged second assault on Tomlinson, and later that evening handed evidence to an IPCC investigator and a City of London police officer who had arrived at the newspaper's offices.^[21] In a statement issued on 8 April, the IPCC said it was not aware of the video until they heard it had been published on the Guardian website, at which point they asked for and were given the footage.^[65]

The officers requested the removal of the video from the website, arguing that it was "jeopardising" their inquiry and was not helpful to the family. The family later thanked the newspaper for having published it.^[21] It was only after publication of the video on 7 April that the IPCC announced, on 8 April, that the City of London police would no longer be involved in the investigation.^[4]

Nick Hardwick, chair of the IPCC, told Channel 4 News that the IPCC had requested that The Guardian remove the video from its website only because it would have been better had witnesses not seen it before being questioned. There was no attempt to hinder The Guardian's inquiries, he said.^[22]

[edit] Opinions on the actions of the police and IPCC

[edit] Delay in removing police from the inquiry

The IPCC has been criticised for taking seven days from Tomlinson's death, and five days after hearing evidence that police may have been involved, formally to remove the City of London police from the investigation. Nick Hardwick told Channel 4 News on 9 April that the IPCC first obtained eyewitness allegations of Metropolitan Police Service involvement in Tomlinson's death on 3 April. City of London police continued to be formally involved in the investigation until 8 April, the day after The Guardian published the New York investment manager's video on its website.^[22]

Hardwick defended the IPCC's actions, arguing that, because Tomlinson's death became the focus of a criminal inquiry, the IPCC had to be meticulous in the way it proceeded, which precluded them from acting as fast as journalists were able to.

[edit] Nicola Fisher video

On 14 April, newspapers published video taken during a vigil for Tomlinson on 2 April outside the Bank of England, near the spot where he died. One officer, a sergeant with the Territorial Support Group, is seen slapping a woman, later identified as Nicola Fisher from Brighton, across the face while she argued with him, then striking her legs with his baton. The Guardian writes that the officer's badge number was concealed. The footage was shot by Tristan Woodwards, an administrator from Basingstoke, who uploaded it to YouTube on 8 April.^[66][67][68] Fisher was "very traumatised", according to her sister, and will make a formal complaint.^[69] Fisher reportedly went on to sell her story to newspapers for £50,000 using Max Clifford as an agent.^[70] Conservative London Assembly member Brian Coleman said that "All right-thinking people will have little sympathy for her."^[71] Despite that show of support, the IPCC investigated, and the officer involved, Sergeant Delroy 'Tony' Smellie, has been charged with assault.^[72]

[edit] Metropolitan police response

In response to publication of the Nicola Fisher footage, the Metropolitan police commissioner, Sir Paul Stephenson, announced he had ordered a review of public order policing in London, to be led by Her Majesty's Chief Inspector of Constabulary Denis O'Connor. Stephenson commented on the allegations that officers hide their shoulder numbers to prevent identification. "One matter that I also want to make clear is that uniformed police officers should be identifiable at all times by their shoulder identification numbers," he said. "The public has a right to be able to identify any uniformed officer while performing their duty. We must ensure that this is always the case."^[73] O'Connor told the Commons home affairs select committee on 21 April: "People not wearing their numbers is utterly unacceptable. It is very clear-cut." He intends to submit an interim report in June, and his full report in September.^[74]

[edit] Third complaint of violence

On top of the allegations of assault against Tomlinson and Fisher, The Guardian reported on 18 April that the IPCC had received another complaint of an assault near the time and place that Tomlinson died. A 23-year-old man from London has told the IPCC he was assaulted by a Metropolitan police officer between 6 pm and 7 pm on 1 April at a police cordon on Cornhill. Over 185 complaints regarding the G20 protests have been received by the IPCC, 90 of which are about the use of force, and 52 of which are about police tactics.^[75]

[edit] IPCC response

After The Guardian reported that the IPCC had received a third complaint of an assault at the protests, its chair, Nick Hardwick, called for a "national debate" into policing and public order. He said the police are "servants, not masters." He will be asking for more resources for the IPCC so they can function more independently of the police.^[76]

[edit] Previous criticism of the IPCC

The IPCC has recently been criticised on several fronts for not being responsive enough to public concerns about the police.

On 11 January 2008, the Police Action Law Group (PALG), over 100 lawyers who specialise in police complaints, resigned from the IPCC's advisory body, citing a failure to provide adequate oversight; a "pattern of favouritism" towards the police with complaints being turned down despite strong evidence; indifference and rudeness towards complainants; delays stretching over several years in some cases; and key decisions being made by managers with little or no legal training or relevant experience. They wrote to Nick Hardwick that there was "increasing dismay and disillusionment" at the "consistently poor quality of decision-making at all levels of the IPCC."^[77][78] Hardwick responded to the criticism in a letter to The Guardian.^[79]

[edit] Vigil coverage

An Inspector from the City of London Police asked journalists who were covering a vigil for Tomlinson to "go away and come back in half an hour." When the journalists refused he said, "Either go away now or spend the rest of the afternoon in the cells." He said that he was only passing on the order from the senior officer at the scene. Journalists present criticised the Inspector for limiting the freedom of the press.^[80] The Metropolitan Police (who were in charge of the police operation) later apologised for ordering the press to move, claiming that the directions had only been aimed at demonstrators.^[81]

[edit] Criminalisation of photography

Under Section 76 of the Counter-Terrorism Act 2008, which came into force on 16 February 2009, eliciting, publishing, or communicating information about police officers that is "likely to be useful to a person committing or preparing an act of terrorism" is an offence carrying a maximum jail term of 10 years.^[82] Dominic Lawson writes that it is possible the Tomlinson video could have been deemed unlawful under Section 76.^[83] Bob Broadhurst (Commander of Policing at the protest) sought to differentiate between the rights of protesters to take pictures and those of "legitimate photographers". He wrote in statements released to media photographers:

Photographers such as yourself had free access and free movement around that. The problem is, so do the protesters' own photographers, because they bring their own photographers in the same way that they bring their own lawyers. Our guys and girls cannot differentiate between those people who are out to make mischief, and those who are genuinely there to take pictures.^[84]

and

I have personally met with various representatives from bodies who represent the interests of photographers and have sought to protect their rights to do their job through educating colleagues within the Met. Before every operation all our staff are briefed as to the rights and role of the media and wherever operationally possible to facilitate them. Metropolitan Police FIT officers do not target legitimate photographers. FIT officers are deployed in an intelligence and evidence gathering capacity at public order events. This may include interaction with photographers, who on the production of a valid form of accreditation will be able to continue with their work.^[85]

[edit] Criticism of news coverage

The extensive and detailed nature of the coverage of Tomlinson's death has attracted criticism.

On 20 April, Sir Ken Jones, President of the Association of Chief Police Officers, criticized the media's coverage of Tomlinson's death, arguing that some protesters were out to be violent that day toward people and property, and to attack the police. He said that policing such events is "becoming an increasingly difficult task to pull off." He told The Daily Telegraph: "I can't think of any other country that doesn't use water cannons, CS gas, rubber bullets. Our approach is proportionate and has delivered on a number of occasions."^[86]

Brendan O'Neill writes in The First Post that it has "crossed the line from journalism to snuff movie," featuring a "semi-pornograpic hunt" for images of Tomlinson's last moments, designed to whip up outrage "against the dark forces who rule over us." O'Neill is particularly critical of The Guardian for having burned its logo into the original footage of the assault, thereby increasing its brand-name recognition whenever the video is watched.^[87]

Boris Johnson, the mayor of London, told SunTalk radio on 23 April that the coverage has been "wildly overdone," and that it amounted to an "orgy of cop bashing." He did not mention the newspaper reports released prior to video evidence that had falsely claimed Police were pelted with bricks which might have suggested some journalism was bias in favour of the police. John Gaunt, the interviewer, told Johnson that a friend of his was an officer in the Met and that morale in the force is apparently at an all-time low. Johnson replied: "They were faced with very difficult circumstances when they were asked to police the G20 summit and overwhelmingly it was an extremely good job that they did. I think the police deserve a fantastic amount of credit they are not getting at the moment."^[88]

[edit] Related links

• Ian Tomlinson Family Campaign Official website from the family of Ian Tomlinson

[edit] See also

[edit] References

[edit] External links

Wikimedia Commons has media related to: Ian Tomlinson

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