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Judge praises constable who gave tearaways a clip round the ear
By Nigel Bunyan
(London Telegraph 13/05/2006)
[Note for non-Brits: Pc = Police Constable - should Be PC]
A policeman who gave two teenage tearaways a clip round the ear has had his convictions overturned after a judge decided he had acted "in the best traditions of the police".
Pc Sean Mullaney, 38, who has spent two decades on the streets of Hindley, near Wigan, was arrested and suspended from duty 18 months ago. He was said to have slapped the two teenagers because they had repeatedly kicked a football against his car and hedge.
Pc Mullaney, who is married with an 18-year-old son, maintained that he had done no more than push one of his tormentors away. He said he had been confronted by the pair and verbally abused.
The two boys, who cannot be named, had caused numerous problems in the area and were referred to by some of Pc Mullaney's neighbours as "hoodlums and thugs".
Yesterday the 6ft 3in officer was hoping to return to his beat after Judge Adrian Lyon ruled in his favour.
The judge, sitting at Minshull Street Crown Court, Manchester, said: "There is no doubt the officer acted properly and appropriately in standing up to these young people who were seeking to wind him up. He did so in the best traditions of the police force."
He added: "We have taken into account that he is a police officer of 20 years' experience and has obvious good character." Outside court Pc Mullaney said that, after enduring "an absolute nightmare", the judge's comments and decision to overturn the convictions had restored his faith in British justice.
Pc Mullaney recalled having to tell the two teenagers to move from outside his home on more than 50 occasions. He had lost count of the number of times they had damaged his property.
On Dec 6, 2004, he found that the boys and two other teenagers had damaged his hedge by kicking a football against it. He was "quite annoyed" and warned them that if he caught them outside his house again he would report them to his colleagues.
Two days later he spotted them again and noticed yet more damage to his hedge.
"I felt they were calling my bluff, that they were sticking two fingers up at me," he said. "They knew what I do for a living and disliked it. That was the cause of it all. One of the boys called me a prick.
"He clearly wasn't frightened of me and came into my personal space. I felt threatened and pushed him away. I certainly didn't thump him around the ears. That's not the way I conduct myself."
The court heard that although one of the boys had marks on both ears he did not require hospital treatment.
He accused the teenagers of intimidating his neighbours and claimed he needed "to show them they wouldn't intimidate me".
"I'm not having someone sticking two fingers up at me in my street," Pc Mullaney said. "He needed to know I was prepared to stand up to him and his friends."
The officer's beat partner, Pc Mark Schofield, told the court: "Sean is a gentle giant. I would trust him with my life."
Pc Mullaney had been given a two-year conditional discharge following convictions for common assault at Oldham magistrates' court. Both the convictions and sentences have now been overturned.
Greater Manchester Police said its internal affairs branch would review the case.
By Nigel Bunyan
(London Telegraph 13/05/2006)
[Note for non-Brits: Pc = Police Constable - should Be PC]
A policeman who gave two teenage tearaways a clip round the ear has had his convictions overturned after a judge decided he had acted "in the best traditions of the police".
Pc Sean Mullaney, 38, who has spent two decades on the streets of Hindley, near Wigan, was arrested and suspended from duty 18 months ago. He was said to have slapped the two teenagers because they had repeatedly kicked a football against his car and hedge.
Pc Mullaney, who is married with an 18-year-old son, maintained that he had done no more than push one of his tormentors away. He said he had been confronted by the pair and verbally abused.
The two boys, who cannot be named, had caused numerous problems in the area and were referred to by some of Pc Mullaney's neighbours as "hoodlums and thugs".
Yesterday the 6ft 3in officer was hoping to return to his beat after Judge Adrian Lyon ruled in his favour.
The judge, sitting at Minshull Street Crown Court, Manchester, said: "There is no doubt the officer acted properly and appropriately in standing up to these young people who were seeking to wind him up. He did so in the best traditions of the police force."
He added: "We have taken into account that he is a police officer of 20 years' experience and has obvious good character." Outside court Pc Mullaney said that, after enduring "an absolute nightmare", the judge's comments and decision to overturn the convictions had restored his faith in British justice.
Pc Mullaney recalled having to tell the two teenagers to move from outside his home on more than 50 occasions. He had lost count of the number of times they had damaged his property.
On Dec 6, 2004, he found that the boys and two other teenagers had damaged his hedge by kicking a football against it. He was "quite annoyed" and warned them that if he caught them outside his house again he would report them to his colleagues.
Two days later he spotted them again and noticed yet more damage to his hedge.
"I felt they were calling my bluff, that they were sticking two fingers up at me," he said. "They knew what I do for a living and disliked it. That was the cause of it all. One of the boys called me a prick.
"He clearly wasn't frightened of me and came into my personal space. I felt threatened and pushed him away. I certainly didn't thump him around the ears. That's not the way I conduct myself."
The court heard that although one of the boys had marks on both ears he did not require hospital treatment.
He accused the teenagers of intimidating his neighbours and claimed he needed "to show them they wouldn't intimidate me".
"I'm not having someone sticking two fingers up at me in my street," Pc Mullaney said. "He needed to know I was prepared to stand up to him and his friends."
The officer's beat partner, Pc Mark Schofield, told the court: "Sean is a gentle giant. I would trust him with my life."
Pc Mullaney had been given a two-year conditional discharge following convictions for common assault at Oldham magistrates' court. Both the convictions and sentences have now been overturned.
Greater Manchester Police said its internal affairs branch would review the case.
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