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Driver Receives Damages After Police Smash Car Window

Driver Receives Damages After Police Smash Car Window

Officers terrified elderly driver when they began battering the window of his Range Rover.

Date - 3rd February 2012
Courtesy of - Guardian Unlimited
7 Comments 7 Comments}

An elderly driver has received damages after police officers smashed his car window following a chase that began when he was challenged over not wearing a seatbelt.

Robert Whatley (73) said he was terrified when the officers began battering the driver-side window and jumping on to the bonnet of his Range Rover.

The incident was recorded by a video camera mounted inside the police car, and the footage was posted on YouTube and news websites.

“We maintain our position that we do not admit liability, a decision was made to settle the matter out of court on financial grounds.”

Mr Whatley, of Usk, Monmouthshire, south-east Wales, said: "The police went completely over the top — you would have thought I had robbed a bank. I was terrified when they started smashing in the window and trying to kick in the windscreen. I feel the officers were too quick to turn to aggression."

He said he had brought the claim as a matter of principle and not for compensation.

The drama began when Mr Whatley, who has previously suffered a stroke and takes medication for a heart condition, was challenged by Gwent police for not wearing a seatbelt.

He drove off as the police were issuing a fixed-penalty notice, and later told Caerphilly magistrates court he thought the police had finished with him and he had needed his medication.

When he realised he was being followed by a patrol car with flashing blue lights and sirens, he thought they were giving him a police escort home, he told the court.

He was found guilty of not wearing a seatbelt, of failing to stop for a police officer and of having tinted car windows that did not conform to legal requirements.

He was fined a total of £235 and ordered to pay £300 towards prosecution costs. But he sued the police and it is understood the force has paid more than £20,000 in damages.

The police officers were investigated following the incident in 2010 but cleared of wrongdoing.

DCC Jeff Farrar said: "Gwent police have not accepted any liability in this matter, however contesting the matter further would have incurred substantial legal costs if the case had gone to court.

"Therefore, whilst we maintain our position that we do not admit liability, a decision was made to settle the matter out of court on financial grounds."

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Anonymous Anonymous says...
Maverick22

Maverick22 - Sat, 04 February 2012
Just another arrogant old man who thinks he is above the law. Pity Gwent gave in so easily, the fact he was fined in court would go against him. What world is he living in, the police vehicle was behind him with it's lights flashing, and he thought they were escorting him home, what, in reverse. The man is an idiot using his age and 'so-called' illness as an excuse, or perhaps he just isn't very bright.
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pdcourt

pdcourt - Mon, 06 February 2012
Two comments.One, if this man is so senile he thinks the police were escorting him home what is he doing with a licence.
Two.Mr Archangel what was the name of that place again ? You know the one where they would rather die than move or God forbid pay their taxes.
It was down south somewhere, quite recent.No it escapes me.it matters not.Suffice to say they were met by the full force of the law and forced to conform.
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yagoobian

yagoobian - Mon, 06 February 2012
What a Joke!!!! What sort of message does that send out. Now every idiot in the country is going to sue the police and make thousands out of it.
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yagoobian

yagoobian - Mon, 06 February 2012
What a joke!! Yet again the wrong message is sent out to society - crime does pay.
Surprised that Archangel has even visited this site as quite obviously hate the police to make that sort of comment.
Paid more than £20,000 in damages, that'll be another officer that will have to go!!
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ian

ian - Mon, 06 February 2012
Ridiculous amount paid out for the amount of damage done. The man was convicted after all.I appreciate the cost of litigation may have been more than £20,000 but the officers have not been supported by this decision.( made by a university educated senior officer?)
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Steve B

Steve B - Mon, 06 February 2012
Wrong yet again Maverick. Mr Whatley is no idiot. A minor road traffic conviction, a fine and costs. A fine defence and up £19.5k on the deal.
Who's the idiot ? Gwent Police I think as they bottled it. On principle you go to court to clear your Officers and to avoid setting a precedence. Game on now for everyone else.
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Guest

Guest - Tue, 07 February 2012
old man of 73 ok so he drove off Thinking they had finished with him? simple thing to avoid is to remove his keys from the ignition and hand them back after the lecture and ticket, this would avoid future conflict,
now the problem if the vehicle was stopped by officers and they had already spoke to the old man previously why smash up the vehicle? it was stopped and not going anywhere? was this because the officers were pissed off by the old man?
now in answer to the old man using the medical condition ?did he notify swansea about his change in his medical condition as laid down by the licence authorities?
did he pass a medical once he reached 70? again did swansea get a medical report on his fitness to drive after having a stroke and requires medication regular?
query costs of new glass as recompence for over zelous officers not 20,000 for new vehicle?
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