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The Northern Echo - Darlington
11 January 2008

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Cleveland Police, UK

'I will sue police over beatin

A Man who was cleared by a judge after being badly beaten by police officers as he cowered naked in a shower is to take legal action against the Cleveland force.

Despite being sprayed with CS gas and beaten around the head with a baton as 19 officers stormed into a house, in August 2005, Stephen Whenary was charged with assaulting a police officer and resisting arrest.

Mr Whenary - who at the time was living with an officer's former wife - had a cut on the back of his head, lacerations to his shoulders, a large bruise on his arm, deep cuts on his feet and minor cuts and abrasions on his wrists.

A judge threw out the case against him after ruling police evidence during the four-day hearing was riddled with discrepancies.

Chief Constable Sean Price launched an investigation by Cleveland officers but, after an 18-month inquiry, the Independent Police Complaints Commission (IPCC) last month ruled none of the officers involved in the incident had a case to answer and that no officer would face criminal or misconduct charges.

Last night, the solicitor acting for Mr Whenary, now 39, from Stockton, said he would seek compensation from Cleveland Police for the "extensive" injuries caused.

advertisementScott Taylor, of Taylor Goodchild Solicitors, said: "We are submitting a letter to the force informing them of Mr Whenary's intention to sue them.

"The injuries he suffered were extensive. We firmly believe they have a case to answer.

"It has taken him a long time to get over this assault and we are hoping that when we are successful at county court, it will act as closure for him.

"I have just received the full details of the Independent Police Complaints Commission's findings and will be going through it with Mr Whenary in the next couple of days."

Last night, Mr Price said: "Recently, a full inquiry into this matter was concluded as promised.

"The inquiry was supervised by the IPCC. There were no findings against officers for their actions on the day.

"Had the IPCC any concerns about the way the investigation was carried out, it would have been within its rights to ask another force to investigate."

Mr Whenary initially needed 13 weeks off work to recover and, since his arrest, has suffered continuing ill health and has only been able to work on a part-time basis.

At his trial in May 2006, the court was told that at one point there were 19 officers at the house in Pine Street, Norton, near Stockton, three of whom have never been traced.

The court heard that almost every police officer in Stockton responded when a PC put out a call for help.

Last month it was revealed the only officer to face a reprimand is PC Shaun Mahaffey, who was due to receive a superintendent's warning after he had gone on holiday instead of giving evidence at the trial.

It was PC Mahaffey who was alleged in court to have smashed the shower door and hit Mr Whenary over the head with his baton.

The four day trial at Teesside Magistrates Court collapsed after District Judge Roger Elsey threw out three charges and cleared Mr Whenary of headbutting PC Steven Meredith.

Judge Elsey said several police officers gave differing accounts of what happened in the bathroom.

One officer had told the court Mr Whenary had ripped the shower door off its hinges to use as a weapon, but another said it was kicked off by PC Mahaffey.

Other details of the incident were lost when one officer's notebook was said to have been destroyed in the wash.

The court was told that Mr Whenary was pulled from the shower and beaten about the head with a baton after he acted with alleged 'superhuman' strength. He was then dragged outside, naked and bleeding.

Following the collapse of the case, Chief Constable Price ordered the inquiry.

However, after the 18-month investigation, the IPCC ruled the officers had no case to answer. The file was also submitted to the Crown Prosecution Service for its consideration, and it determined that no criminal offences had been committed.

In December last year, it was revealed that Cleveland Police paid out more than �3m in compensation, damages and legal fees in the past five years.

The force received more than 750 claims for compensation between 2002 and 2007.

Thirty-five cases went to trial and the force was ordered to pay out in seven of them. In total, the force paid out �2.1m in compensation and damages over the five years.

A further �1.1m was spent on defendants' legal costs and the police's own costs of defending claims.

The figures came to light in a national study into the cost of police misconduct.

Cleveland Police came second, just behind the Police Service of Northern Ireland, in a payout league table of UK police forces.

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Article sourced from

The Northern Echo - Darlington11 January 2008

'I will sue police over beatin

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The Northern Echo - Darlington
11 January 2008