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Sheerness man Tasered and punched by police who unlawfully entered home after RBS eviction order
05:00, 24 March 2022
updated: 18:18, 24 March 2022
A man who was Tasered twice and punched in the face by police while trying to defend his home from repossession has been cleared of any wrongdoing.
Bob White, 62, barricaded himself inside his home in Sheerness, when officers, bailiffs and a locksmith arrived with a county court warrant for eviction.
After refusing to answer the front door, police went round the side of the bricklayer's Park Road home and used an enforcer to smash the bottom of a door.
Sgt Russell Balment attempted to enter the house through the gap but quickly recoiled after seeing an "aggressive" looking Mr White with a large "wooden club", which he claimed the defendant was swinging at him.
After being told "get out of my house" by Mr White, PC Dunn, who was assisting Sgt Balment, pulled out his Taser and used it twice.
Officers then stormed the property where they subdued Mr White, punching him in the head twice in the process, and arrested him on suspicion of affray.
Police unlawfully enter Bob White's Sheerness home after tasering him
During the hearing at Maidstone Crown Court, judge David Griffith-Jones QC found police had entered the defendant's home unlawfully and Sgt Balment was essentially a "trespasser and unwelcome intruder".
Addressing the jury, made up of six women and six men, he said: "Sgt. Balment gave evidence that he thought had authority to enter, but he didn't.
"His entry was unlawful and he was therefore a trespasser and unwelcome intruder."It doesn't matter that he was a police officer.
"The defendant knew he was a police officer, but he was not required to tolerate unlawful entry."To an Englishman a home is like his castle and he was entitled to force him out with reasonable force."
Over a two-day hearing the court heard how Mr White had a wooden antique which he had picked up when he heard smashing at the side of his house. But he denied swinging it at the police officer, claiming Sgt Balment had "made up" the claims.
The jury were shown body-worn footage from police which showed the altercation from February 2019, including a blooded Mr White being arrested.
Judge Griffith-Jones told the jury they needed to decide whether Mr White threatened violence to Sgt Balment, whether the force he used was unreasonable, and whether a person at the scene would have feared for their safety.
In his closing argument to the jury prosecuting lawyer Ian Foinette said the situation was a "world away" from an intruder breaking into your house in the night and Mr White knew police were trying to get into his home.
He said: "It was obvious he didn't think Sgt Balment was an intruder.
"It doesn't give him the right to behave like that and swing a club round."
Mr White, who was representing himself, told the jury: "My life has been on hold for three years while this came to court. It's been like a prison sentence itself.
"It's a final chance for me to get justice.
"PC Dunn Tasered me twice and I was punched in the face twice before being handcuffed."
When reading the facts of the case Judge Griffith-Jones highlighted how Mr White didn't strike or touch any of the police officers, who were left "without a scratch", and said the incident was "over in an instant".
He explained Mr White wanted to contest the warrant for possession order issued by his mortgage owner RBS.
The jury returned a unanimous verdict of not guilty after 40 minutes of deliberation.
More than 20 supporters attended Mr White's trial and clapped the judge out of the court.
Speaking outside the court Mr White said justice had been done and explained he went through the ordeal for his wife who died shortly after the incident.
He added: "I went through this for all the other people who are being wrongfully evicted by police.
"I hope this sets a precedent for other people to challenge unlawful evictions.
"It's not just a physical struggle for people facing similar circumstances to me, but a mental one. People in the same situation have ended up killing themselves over the stress from it.
"I just hope this case will help someone in the same situation as me. The officers and police need to be held to account for this."
A police spokesman said: "On February 5, 2019, Kent Police officers attended an address in Park Road, Sheerness to assist bailiffs with a civil dispute and the repossession of a property.
"Entry was forced and a man alleged to have been in possession of a weapon was arrested on suspicion of affray. He was later charged and a trial took place at Maidstone Crown Court.
"During the trial the prosecution was unable to produce the original warrant to enter the premises and the judge directed the jury that the officers had entered without legal authority.
"On Wednesday March 23, the defendant was found not guilty on all counts."