Strand Road PSNI Station
Four members of the PSNI have been acquitted at Derry Magistrate's Court today on a charge of assault on a female.
Ryan Baird, Owen Hutchinson, Kyle Martin and Jane Randall all with an address at PSNI Station Strand Road in Derry all denied assaulting the woman on January 31 2021.
The court heard that police were called to an address after a report of a domestic incident at the woman's address.
Giving evidence the woman said that she was at her home when the police came to the door.
She said the police told her if she didn't answer they would 'put the door in'.
The woman said she had had a 'couple of beers' on the night in question.
The court heard that the woman told police she didn't want them in her house and asked them to leave.
She claimed that police 'pushed' her down onto the sofa and stood in front of her.
The woman said that there was no disturbance and 'there was nothing wrong' and she repeated that 'I didn't want them in my house.'
The woman was asked had she invited the police into the house and she replied 'definitely not'.
The court was then shown body worn footage from three of the officer's.
On the footage police could be seen repeatedly knocking at the door and windows and an officer could be heard to say they would put the door in.
Once the woman answers the door she clearly states she doesn't want the police to come in.
The police tell her they are 'concerned' about her and ask her about a domestic incident and she tells them nothing happened.
The police ask the woman was there anyone else in the house and she said no but then accepts there was child upstairs.
The situation then deteriorates and the woman is eventually arrested for assaulting on police and restrained.
When the defence case opened Constable Randall gave evidence that she had a 'honest held belief ' that she was invited into the property.
She said that when the door was opened she didn't think it was 'appropriate' to talk to the woman on the doorstep.
The officer said that the woman did not wish to engage with police and she said she could not get the chance to explain why they were there.
Constable Randall said that the woman kept raising her left hand close to her face and she said she was 'completely intimidated and in fear.'
The officer said that once she was told about the baby upstairs she did not want to leave the woman with the child as she believed she was intoxicated.
Under cross-examination the officer repeated that she 'honestly' believed she had been invited into the property.
She said that the fear of violence from the woman led to her responding with 'reasonable force'.
The other officers gave similar evidence.
District Judge Barney McElholm ruled that the police did honestly believe that they were lawfully on the premises.
He said that the woman was 'unco-operative and antagonistic' towards police.
Describing it as 'a developing situation' the judge said once police found a child there they had no choice but to remain on the premises.
The judge said that he saw no evidence of anyone striking the woman and added that any injuries could have been caused by her resisting police.
He dismissed the charges against all four.
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