A Huthwaite musician feels justice has been done after a Nottingham judge cleared him of any wrong-doing during a disturbance at a charity music concert.
District Judge Leo Pyle found Alan Allsop (49) and Steven Harvey (47), of punk band Hung Like Hanratty, not guilty of assault and obstructing a police officer on Friday at Nottingham Magistrates’ Court.
He also criticised the actions of a police officer, PC Bailey, who was the first officer on the scene at the disturbance at the New White Bull pub, Giltbrook, on 27th May last year.
It was claimed during the trial of Mr Allsop, of George Street, and Mr Harvey, of North Street, in evidence from a fellow band member, that PC James Bailey fired CS gas into their faces for up to ten seconds.
Said Mr Allsop: “You get good and bad in everything - but if you make a mistake you should put your hands up - I would not try and blame other people.
“But I think it was handled really well - the judge was spot on.
“This has effected us really badly - we thought we were gong to get into trouble for something we had not done.
“Now I feel like justice has been done because the truth has come out and we can out this behind us.”
It emerged during court evidence from fellow band member Christopher Charles that Mr Allsop had been sitting in his vehicle with the engine turned off, when he was pulled from the vehicle and assaulted by PC Bailey.
“(The cs spray) was sprayed for absolutely ages - eight, nine, ten seconds. There was an awful lot used - Alan and Steve both got a full face full.”
Mr Charles’ evidence during the trial had contradicted police claims that Mr Allsop was revving his engine and drove his green Rover vehicle at a member of the public.
As he found both Mr Allsop and Mr Harvey not guilty on Friday at Nottingham Magistrates’ Court, District Judge Leo Pyle said there was no proof that the car had been moved or that there was a wilful obstruction of officers.
The court had been told that PC Bailey had ordered colleagues to confiscate a phone belonging to Daniel Wyatt when he spotted him filming the arrests.
“PC Bailey told me that if I deleted the footage I would get my phone back and I needed the phone for work, so that is what I did,” Mr Wyatt told the court.”
The judge voiced concerns that Mr Wyatt had been put in a difficult position when his statement was taken by PC Bailey - a principle witness in the case against the two musicians.
He told the court the interview should have been conducted by someone else.
District Judge Pyle said PC Bailey should not have confiscated the phone and ordered the footage to be deleted without seeking advice from his sergeant or the crown prosecutor.
He was also concerned by Mr Allsop’s evidence that the fumes from the cs spray were so intense officers were forced to stop the car as he was taken to the police station for fresh air - and a police photographer was also effected by the fumes coming off him.
A Nottinghamshire Police spokesman said: “We can confirm that our Professional Standards Directorate have received a complaint.
“Now that court proceedings have concluded we will be in touch with the complainant in order to fully investigate the issues raised.”