G20 officer Smellie cleared of assault
Updated on 31 March 2010
Metropolitan Police Sergeant Delroy Smellie has been cleared by a court of assaulting a demonstrator during last April's G20 protests.
Sergeant Delroy Smellie, 47, was accused of using excessive force when he twice struck Nicola Fisher with his metal baton during a vigil to mark the death of Ian Tomlinson the previous day.
Sgt Smellie, a member of the Met's Territorial Support Group, had denied the charge and said he was acting in self-defence. He said he believed Miss Fisher was about to attack him and his fellow officers.
Footage of the incident, filmed by an amateur cameraman and posted on YouTube, was shown to the court.
In it, Sgt Smellie could be seen pushing Nicola Fisher and hitting her with the back of his hand in what the court heard was a lawful "clearance strike".
But the prosecution said the officer went too far when he hit Ms Fisher on the legs with his extendable metal baton, known as an asp.
District Judge Daphne Wickham, sitting at City of Westminster magistrates court, said today it was for the prosecution to prove Sgt Smellie was not acting in lawful self-defence.
"I have found the prosecution has failed in this respect and the defendant has raised the issue of lawful self-defence and as such is entitled to be acquitted," she said, adding that the officer had a "mere seven seconds" to act.
The officer earlier told the court he had mistaken a carton of orange juice and a camera in Ms Fisher's hands for weapons when she approached from his "blind-side".
Witnesses said Ms Fisher had been acting very aggressively towards the officer in the moments before the incident.
Sgt Smellie smiled and gave two thumbs up to his supporters as he was cleared. But the officer, who has been suspended for almost a year, could still face misconduct charges.
IPCC Commissioner for London Deborah Glass said: "People were understandably concerned when footage of this incident was played out on the internet and television and it is right that the actions of the officer were independently investigated and put before a court.
"The evidence shows that we carried out a balanced investigation and the CPS presented a balanced case. Following today’s decision, we will submit our report to the MPS for their consideration in relation to any appropriate misconduct sanctions."
