A man living in Bourne said he can “never trust police again” after he was awarded an out of court settlement of around £23,000 from Lincolnshire Police over his “unlawful” arrest at his home in 2016.
As previously reported, the force received a complaint about Police Sergeant Rick Mosley in relation to the arrest of Nik Fox at his home in Bourne on May 23, 2016.
Nik Fox previously told Lincolnshire Reporter he had lodged allegations including assault, misconduct, kidnap, false imprisonment and perverting the course of justice as part of his private prosecution.
According to the complainant, a misconduct investigation found Mosley had unlawfully entered his home and arrested him, assaulted him and his partner, carried out an unlawful search of the property and fabricated statements and records, as well as unlawfully detaining him and subjecting him to a four-hour interrogation.
He also said all charges were later dropped by the Crown Prosecution Service (CPS) at court.
After the recent out of court settlement Lincolnshire Police issued a response to Lincolnshire Reporter saying the complaint was fully investigated and resulted in internal misconduct proceedings for the officer.
Lincolnshire Police conducted a private internal misconduct meeting, attended by the complainant and his partner, to consider a number of allegations in June 2017.
Three of the four allegations tabled at the meeting were upheld against the officer, who received a written final warning about his conduct.
Mosley was then summoned to Lincoln Magistrates’ Court on Thursday, August 3, 2017.
Solicitors’ letter and settlement
Mr Fox then made a civil claim for damages which has been settled by the police’s legal department.
In a letter to Mr Fox from East Midlands Police Legal Services it states: “Sergeant Mosley acted in an arbitrary fashion and then sought to cover up what he had done.
“He was dealt with by gross misconduct proceedings and received a final written warning. If a court were to determine damages, it is likely that an award of aggravated damages would be in the region of £5,000.
“We are not instructed to make an offer of exemplary damages: the officer has been punished and the Chief Constable acted appropriately in doing so. Accordingly, we are instructed to make an offer of £15,500 in full and final settlement of your client’s claims.”
The complainant later received confirmation from DPP Law Ltd that, after a deduction of £1,335 for CBT treatment, £22,305 was paid into his account.
The difference in price is said to be after negations and revised offers following a solicitor’s advice.
Mr Fox also said that a smaller sum was also paid by Lincolnshire Police to his ex-partner for injuries, both physical and psychological, sustained as part of the incident in 2016.
CCTV footage of the incident
Mr Fox sent a video to Lincolnshire Reporter of two officers, showing what he described as “CCTV footage of the unlawful entry to the premises”.
He also claims that police showed up on his doorstep again a few weeks ago despite being told “they were banned from the premises unless holding a warrant”.
He said he can “never trust police again” after they turned up complaining about a CCTV system that has been installed since the incident in 2016. Mr Fox said another complaint is in process.
Full police response
Detective Superintendent Suzanne Davies, Head of Professional Standards, said: “Mr Fox made a public complaint in 2016 which was fully investigated and resulted in internal misconduct proceedings for one officer.
“Mr Fox has subsequently made a civil claim for damages which has been settled by our legal department.
“It is important that the public have the confidence to come forward and express their dissatisfaction so that we have the opportunity to put things right and to prevent mistakes being made again”