QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|- and -
BIG SECURITY COMPANY LIMITED & OTHERS
PO Box 1336, Kingston-Upon-Thames, Surrey KT1 1QT
Tel No: 020 8974 7300 Fax No: 020 8974 7301
Email Address: email@example.com
Mr James Burton (instructed by Messrs Beachcroft) appeared on behalf of the Defendant
Crown Copyright ©
MR JUSTICE WYN WILLIAMS:
"Suddenly I was pushed by the doorman with the skinhead haircut to my chest. Jayesh [which is a reference to the claimant] was standing on my right-hand side. I fell backwards and so did Jayesh and we both fell over a barrier. I fell onto one of Jayesh's legs and got up immediately. I confronted the doorman and said: 'Look, there was no need for that.' I do not remember him making a reply." [Quotation unchecked.]
"I would describe the man that pushed me as being white and aged in his mid 30s with a shaved skinhead haircut and his right eyebrow was pierced. He was of slim build and was about 5 foot 8 or 9 inches tall. He was wearing a black jacket and was basically dressed all in black." [Quotation unchecked.]
"I had a clear and unobstructed view of him. He was only a metre away from me when he pushed me. I had no trouble seeing him because the light was good at the entrance/exit doors. The whole incident took no longer than one minute." [Quotation unchecked.]
"At the front door one of the males decided to grab me by the back of my neck so I forced him against wall and told him: 'Calm down and walk outside.' At this point his friend grabbed me from behind around neck also and he was pulled off me and walked whilst being restrained towards entrance." [Quotation unchecked.]
"I saw Dean Cox, who was another doorman working in the club at the time, being attacked by two Asians. Mr Parmer [which is a reference to the claimant] had his hands around Dean's neck as if he was trying to throttle him. I grabbed his arms and tried to pull him away from Dean. Then the rest of his friends suddenly appeared and there was another couple of doormen. There was then a general rabble." [Quotation unchecked.]
"I followed my training to try and control the situation as best as possible. However, it was difficult because Mr Parmer and the rest of the customers were being violent and everyone was being pushed around. I tried to form a line with the other doormen to push the customers backwards with open palms to try to ensure that they left the club so that no one was hurt. I do remember that there was some momentum from behind me and Mr Parmer was pushed backwards. It all happened so fast and there were so many customers who kept trying to fight with all the doormen. I know that Mr Parmer fell over the barrier. He just fell and did not seem to put his arms out to try to break his fall." [Quotation unchecked.]
I pause there simply to say that on that account as given by Mr Colby he seems to be suggesting that a considerable number of persons were involved and that many of them were customers from within the club.
"I was injured as somebody kicked me in the groin. Afterwards I had a bruise that extended from my groin to my knee. I took photographs of the injuries and these were passed to the police. I do not know what has happened to the photographs now." [Quotation unchecked.]
"We were all following the techniques that we are trained to use to try to avoid violence. All of the doormen that were working that night were experienced and trained, as was I. I believe that we all dealt with the incident in the best way possible. Despite the fact that the group were being incredibly aggressive, had tried to strangle Dean, had kicked me hard in the leg and the fact that we were outnumbered about four to one, we all followed all of the techniques in which we are trained. The reason there were so many of the customers was because the original group was about ten men and they were joined by about seven or eight when they left the club. That was also the reason why I was not able immediately to go and see how Mr Parmer was after he fell. It was not the kind of situation where I could simply go over and do first aid as I would normally do. There were too many customers attacking the doormen and they had bottles. If I had stopped to try to attend Mr Parmer I would have been even more badly injured. I was trying to protect the other doormen and myself." [Quotation unchecked.]
"He described himself as the head doorman of the Walkabout [and I interpose to say that must be a reference to Mr Colby] and informed me that he had seen nothing other than what he knew was a scuffle with punches being thrown and his staff pushed the crowd back from the front of the bar." [Quotation unchecked.]
"Can you tell me what happened?
[Answer:] Zack said to me there was an incident at the front entrance and I pushed several males away from the door. The combined body weight of all the males sent a few of them into the crash barrier.
[The officer then said:] You were apparently clearly shown on CCTV shoving the male into the barrier so that he fell over backwards, hitting the floor, where he remained unconscious. Can you explain that?
[The reply Mr Colby gave was:] I cannot." [Quotation unchecked.]
"My name is Zack Octavius Colby. I am 32 years old. I am a doorman registered by the London Borough of Croydon. On the night of 17/18 January I was working in the Walkabout public house, Church Hill in Croydon. Just before 2am I received a message via my earpiece to say that some of my colleagues were experiencing trouble at the inner door area. I made my way there and saw one of my colleagues against a wall with four, five or six Asian males surrounding him. One of them had him by the scruff of the neck. I grabbed one of the males and escorted him from the foyer to outside. He was walking backwards and I directed him using my open palms. This is a recognised, non-aggressive method of ejecting people. I gave the male a small shove outside the doors. I was aware that quite a number of people had come out of the club behind me, as I was unable to step backwards. I then became aware that the male I had just ejected looked as if he was about to punch me. I could not step back and I therefore pushed him away, again using my open palms. As I pushed him I myself was pushed from behind. I then made my way back to the club as I believed there may still be trouble inside." [Quotation unchecked.]
"The police raided the flat [of the person who was killed] in the early hours of the morning with a warrant to search for drugs. During the raid the deceased, who was naked and unarmed, was shot and killed by a police officer. The officer was subsequently acquitted of the deceased's murder. The claimants, the father and the son of the deceased, brought actions against the chief constable of the defendant police force for, inter alia, assault and battery, negligence and false imprisonment in respect of the planning and execution of the raid. The defendant admitted that it was liable in negligence and false imprisonment but resisted the assault and battery claim on the basis that the police officer had acted in self-defence in the mistaken belief that the deceased was armed and about to shoot. The judge gave summary judgment for the defendant in respect of the assault and battery claim, holding that the claimants bore the burden of proving that the police officer had not acted in self-defence. "
"In a civil law action the burden of proving self-defence was on the defendant; that, in civil proceedings, a defendant who mistakenly believed that it was necessary to act in self-defence must show that his mistaken belief was reasonably held and that the force he used was reasonable; that whether or not the mistake made and the force used were reasonable depended on all the circumstances of the case, which included the fact that action might have had to be taken in the heat of the moment; and that, in the circumstances, [there was a legitimate issue as to whether or not self-defence was made out and the summary judgment was set aside]."