THURSDAY 22 MARCH 2007 PRESS RELEASE FOR IMMEDIATE RELEASE

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Today at the Central London County Court Mr Barry Kerbey a roofer, was delighted to be vindicated for the second time, by a jury following a civil claim against The Commissioner of Police of the Metropolis. He was awarded substantial damages, in five figures.

On 23 August 2001 Mr Kerbey and his son attended Wimbledon Magistrates Court to stand surety for an employee. Mr Kerbey's mobile phone unexpectedly rang in court and he was asked by the Magistrate to leave court which he did apologising as he left. PC Power from Wimbledon Magistrates Court was asked to escort the Mr Kerbey from the court room.

Outside of court Mr Kerbey alleged that he was accosted, manhandled and verbally abused by PC Power. As he attempted to leave the building PC Power again manhandled Mr Kerbey who fell over together with the security machine he was passing through. PC Power arrested Mr Kerbey and he was subsequently charged with Criminal Damage of the security machine. John Kerbey was also arrested and charged with obstructions although on everyone's account he had not done anything.

Both were prosecuted to trial at Sutton Magistrates Court and acquitted.

Mr Kerbey and his son John immediately instructed solicitors to pursue a complaint but this did not result in any action being taken against the officer. As a result civil proceedings were commenced against the police for compensation for assault, false imprisonment and malicious prosecution.


Although John's case was settled out of court, shortly before trial, the Commissioner resisted all reasonable attempts to settle Barry's claim. In the event the jury took matters out of the Commissioner's hands and awarded damages which were more than the Commissioner had offered. Because of this the police were ordered to pay "Indemnity Costs".

Nighat Sahi of Christian Khan said following the hearing

"Barry made clear that he would have settled this case for an apology and a packet of fags. Well this evening he will be able to buy quite a few boxes. On a more serious note however, this case could have been settled for a fraction of the damages and costs had the police taken a more conciliatory and pragmatic approach. Mr Kerbey offered to settle his claim for a modest amount but he was told the Commissioner was "not prepared to settle this claim". The police now face a substantial legal bill and have to pay damages far in excess of the amount he had offered to accept.

At a time when there is much focus on legal public funding it is outrageous that the Metropolitan Police Service has shown such a reckless disregard for public money."


Represented by
Nighat Sahi, Christian Khan Solicitors