I was beaten by police, claims OAP

May 16 2008 by Paul Mannion, Chester Chronicle

A PENSIONER plans to take legal action against Cheshire police after claiming he was beaten and arrested for no reason outside his own house.

Great-grandad Michael Baker, 65, says he is still on painkillers and his disabled 68-year-old wife, Wendy, has had to have her medication increased after witnessing the incident from the window of the house in January.

Since then, the retired landscape gardener, of Pear Tree Farm, Hermitage Road, Saughall, has had the threat of a court case looming over him after being charged with resisting arrest and failing to stop.

He was due to stand trial at Chester Magistrates Court on Monday but just a couple of days before the hearing, the Crown Prosecution Service dropped the charges admitting there was "not enough evidence to provide a realistic prospect of conviction".

This week Mr Baker, who says he is still on painkillers four months on, said: "If the police don’t admit their guilt and offer me a decent amount of compensation I’m going to take it to the Independent Police Complaints Commission and then perhaps a civil case. We are going to chase it up."

The pensioner, who spent 18 hours in custody without a warm drink or food, still has no idea why he was attacked by a police officer with a baton and CS gas after a patrol car followed him and his wife on to their drive.

He said: "I was in shock, I couldn’t breathe, I couldn’t see, I was like a zombie. The spray was in my eyes and crystallised on my glasses.

"He was lashing at me from behind on the back of the legs. I said I was going to get him arrested for assault. Then he started spraying me with one hand and hitting me with other."

"I was treated in hospital as an outpatient and they said I must have been hit a dozen times on the legs."

Mr Baker, who has three children, eight grandchildren and a great-grandchild, was with his wife on their way back from the post office when the incident happened and still had the receipts in his pocket as he left custody in January.

He added: "I’m on medication for high blood pressure and my wife is disabled and has a bad heart. She’s had to go on more medication because of all this."

"My grandad was a police sergeant in Chester for 39 years, he would be horrified, he would be spinning in his grave."

Cheshire Police spokesperson Rachel Hayes said: "On January 22, a police officer, acting upon information received, attended the Meadows Lane area of Saughall in search of a suspected drunken driver.

"At approximately 5.03pm, the officer attempted to stop a vehicle in connection with this enquiry. The vehicle initially failed to stop but when it did, the driver ran from the vehicle towards a premises and then across a field.

"After a short pursuit on foot, a 65-year-old man from the Chester area was stopped. He was subsequently arrested for failing to provide a breath test and was later charged with one offence of failing to stop for police and one offence of resisting arrest.

"The case was due to be heard this week at Chester Magistrates Court although the officer in the case was unable to attend due to a long term injury.

"There is no record of a formal complaint to Cheshire Police from the individual concerned. There are procedures in place to deal with complaints against the police and should a complaint be received it will be investigated in accordance with those procedures."