No further action against a doctor accused of assaulting and abusing an emergency worker

Our client, a doctor, was arrested after an arrest enquiry was made at his home address for an incident that had happened five months prior. The allegation was that upon leaving a club in the early hours of the morning our client noticed a stab victim slumped on the pavement against a wall. He went over to help but, police thought that he was drunk and prevented him from providing assistance.

It was alleged that he used abusive and insulting words towards officers and threw a pair of latex gloves at one of them thereby assaulting them. He was arrested for assaulting an emergency worker and using threatening, abusive or insulting words or behaviour and brought to Charing Cross Station.

Our client’s account was that he had intervened in the situation at the behest of the police and in partnership with an off-duty paramedic who happened to be passing by. Our client was just in the process of laying the patient down so that he could be assessed properly when one officer in particular took against them and asked them to leave.

Our client was shocked and very concerned for the stab victim they were trying to assist as he was still sitting up making him more prone to blood loss and heart failure, and there was nothing being down to staunch the bleeding.

Our client felt that he had been profiled by the officer who did not believe that he was a doctor because of the colour of his skin. The officer also accused him of being drunk which was untrue as our client was sober and refused to allow them to provide crucial assistance.

The matter was all caught on bodyworn camera and at first glance the case against our client seemed overwhelming. Our client was visibly distressed at the prospect of facing criminal proceedings which would have had repercussions for his career and good character. He was also anxious about answering police questions. However, Luke advised our client to put forward his account in a prepared statement denying the allegations on the grounds that his behaviour in the particular circumstances was reasonable which is a defence to the use of threatening, abusive or insulting words or behaviour.

In addition, he advised putting forward a defence to the allegation of assaulting an emergency worker on the grounds that throwing a pair of latex gloves cannot cause someone, especially a police officer who was larger in stature than our client, to apprehend immediate violence. Our client was also advised to answer questions in interview to provide a more convincing account of his actions that night.

Despite assertions made by investigating officers prior to interview that the matter would likely be going to court, the police eventually decided to take no further action against our client. Although shaken by the experience he was mightily relieved and can go forward in his life with a clean criminal record.