Two Met police officers cleared of assaulting man mistaken for robbery suspect

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Two Metropolitan Police officers have been cleared of assaulting a father they mistook for a robbery suspect.

Sergeant Emily Joshi, 30, of Watford, Hertfordshire, and Pc Ozan Yelken, 33, of Waltham Abbey, Essex, denied assaulting Emmanuel Ugborokefe by beating him, and were found not guilty after a trial at City of London Magistrates’ Court on Friday.

They were accused of assaulting Mr Ugborokefe while stopping him, in a case of mistaken identity, in Wykeham Road, Hendon, Barnet, north-west London, last December 28.

He was in Wykeham Road to collect a microwave he had bought on eBay after a family shopping day with his wife and two daughters, then seven and eight, in Oxford Street.

Sgt Joshi and Pc Yelken were on patrol when they were called to reports of a Rolex robbery after two suspects ditched a car and fled on foot near Mr Ugborokefe’s location, the court was told.

Police were looking for two slim black males, wearing dark clothing with their hoods up, including one with fur on the hood, in connection to the alleged robbery, the court heard.

Pc Yelken said a volunteer from Shomrim, a neighbourhood watch group, suggested a suspect or suspects had fled down Wykeham Road, saying: “They’ve gone that way”.

The officers approached Mr Ugborokefe – who all parties agree was innocent – who was wearing a dark-coloured jacket, which had fur on it, with his hood down, the judge was told.

Sgt Joshi handcuffed one of his wrists and said he matched the description of a suspect.

A struggle ensured as Mr Ugborokefe repeatedly pleaded “don’t handcuff me”, raising his free hand up as he resisted being fully handcuffed, the court heard.

Pc Yelken said he tried to perform “tactical communication to calm him down” but later launched a “tactical take down”, pushing Mr Ugborokefe into a bush and then to the ground where he was fully handcuffed as more officers arrived to help restrain him.

On Friday, District Judge Neeta Minhas found both officers not guilty of common assault by beating, concluding that their conduct was “not disproportionate” but “reasonable in the circumstances”.

She also noted “both officers are of previous good character with no professional disciplinary findings against them” from their time in the force.

Mr Ugborokefe’s wife and children exited their car during the incident and started screaming and crying, the court was told.

The prosecution argued the alleged assault did not begin when the first wrist was handcuffed, but started after Mr Ugborokefe’s wife and children arrived and it became, they said, clear he was not one of the suspects.

The defence said the officers “honestly believed him to be the robber throughout”, saying he matched the description of a suspect reported to be in the area, was seemingly on his own at night on the road and was on his phone and possibly arranging a getaway vehicle.

The officers alleged he was not compliant in being handcuffed, which further aroused their suspicion, claiming he caused them to fear he was reaching for a weapon when he moved his uncuffed hand towards his pocket, the court heard.

Giving evidence, Sgt Joshi said: “I believed I was dealing with a robbery suspect.”

She said the appearance of Mr Ugborokefe’s family “didn’t explain why he was on the road at that time of night” and added: “I didn’t know what had actually been stolen at that point and I didn’t know whether there was any weapons involved.”

She said “robbery is a violent offence” and “suspects are known to carry weapons”, claiming Mr Ugborokefe was “very obstructive and resisting and my main focus was on mine and my colleague’s safety”, adding that she thought he was a “danger to myself and my colleague”.

She said she fell over a wall during the struggle to handcuff Mr Ugborokefe.

Pc Yelken, who told the court he joined the force after the London Bridge terror attack in 2017, said he had an “honest-held belief that me and my colleague were in danger”, saying: “He’s a robbery suspect and could potentially pull out a weapon.”

He said “Barnet, the area we work in, is well known for robberies where weapons are used”, adding: “I believed he could have taken out a weapon and hurt us.”

He added: “I believed he was calling an Uber or a family member to come and collect him.”