Plain-clothes officer sacked after man feared he was being robbed during search
The man told an IOPC investigation that he was scared for his life during the struggle with the officers, as he thought he was about to be robbed.
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Your support makes all the difference.A plain-clothes Met Police officer has been sacked after a man thought he was being robbed during a stop-and-search in west London.
Pc Martin Binala struck the man several times, after claiming he could smell cannabis coming from the man’s car, during the incident at about 8.40pm on September 12 2021.
Pc Binala, who used excessive force during the search, was dismissed without notice after an allegation of gross misconduct against him was found proven by a police disciplinary panel.
Another officer at the hearing, Pc Stuart Dunne, had misconduct proven against him and he was given a written warning.
It is not surprising that the man didn’t believe they were police officers and reacted in the way he did
They were part of a group of three non-uniformed officers in an unmarked vehicle who stopped and searched the man.
The officers said that he initially attracted their attention as he was sitting in his parked car near a crime hotspot in Southall, Hounslow, west London.
An investigation by watchdog the Independent Office for Police Conduct (IOPC) found the man was parked in a street near his house.
The man, a Polish national for whom English was not his first language, was pulled from the car, taken to the ground, handcuffed and an incapacitant sprayed in his eyes, the IOPC said.
He was handcuffed for 45 minutes and arrested for obstructing police, but later de-arrested.
The man told the IOPC investigation that he was scared for his life during the struggle with the officers, as he thought he was about to be robbed and they had not identified themselves.
After taking the man to the ground, Pc Dunne used Pava spray twice without warning and Pc Binala struck the man. Their use of force was unnecessary, unreasonable, and disproportionate
He resisted them and attempted to get away when they began to use force, and Pc Binala struck him several times, the watchdog added.
The officers then took him to hospital as he had sustained injuries to his body, face and head.
The IOPC began an investigation in December 2021 after the man complained, and established that the three officers were inappropriately dressed according to their force protocol.
Both officers Binala and Dunne claimed they could smell cannabis but none was found. The panel believed that it was not possible for Pc Binala to have smelt cannabis coming from the car as the door and windows were closed.
This allegation against Pc Dunne was not proven as the panel accepted the officer had not lied over his claim that he could smell cannabis in the air.
At a misconduct hearing, which concluded on Thursday, the panel found Pc Binala had breached the police standards of professional behaviour in respect of use of force for beating the man repeatedly.
It also found he had breached the standards for honesty and integrity, authority, respect and courtesy, and duties and responsibilities.
Pc Binala has also been barred from working in policing in future.
The panel found the case proven for Pc Dunne for breaching the police standards relating to authority, respect and courtesy, use of force and duties and responsibilities.
IOPC regional director Charmaine Arbouin said: “Body-worn video footage showed that, in just seven seconds, Pc Binala got out of the unmarked police vehicle and began to forcibly remove the man from his car.
“There was no attempt to engage with him, identify themselves as officers, show warrant cards or go through the usual police procedures when stopping members of the public.
“It is not surprising that the man didn’t believe they were police officers and reacted in the way he did. He told our investigators he thought he was being robbed and feared for his safety.
“After taking the man to the ground, Pc Dunne used Pava spray twice without warning and Pc Binala struck the man. Their use of force was unnecessary, unreasonable and disproportionate.”
The IOPC sent a file of evidence to the Crown Prosecution Service (CPS) to consider a charge of common assault against the officers. In March 2022, the CPS decided not to charge them.
A third officer will attend an internal misconduct meeting for alleged breaches relating to the police professional standards of behaviour for duties and responsibilities, conduct and use of force.