A man allegedly beaten, stabbed and slammed into a filthy toilet bowl by off-duty police officers caused his own injuries by smashing up the cubicle, defence lawyers suggested.
Jack Bennett, now 21, was cross-examined by barristers representing four accused Merseyside Police constables at Preston Crown Court today. Lawyers suggested he had told a "pack of lies" and tried to "portray himself as a victim" to avoid getting into trouble for smashing a glass over the head of one of the officers during a brawl at Ava's Bar, Liverpool City Centre, on July 28, 2020.
The prosecution case is that PCs Sean Miley, 31, and Paul Grimes, 37, subjected Mr Bennett to a "sustained" beating in a toilet cubicle, which involved Miley stabbing him in the leg with a shard of porcelain from the broken toilet. While that was happening, it is alleged PC John Thompson, 26, acted violently in the main bar area towards Mr Bennett's older brother, Mark Bennett, while PC Lucy Donaldson, 40, was violent towards bar worker Lorraine Brady, grabbing her hair.
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The jury has heard the officers had been on a night out celebrating a colleague being posted to a new department, while the Bennett brothers were also out in the city centre, with the two groups ending up in Ava's Bar. Fiona Clancy, prosecuting, said the violence erupted when Thompson and his colleague, witness Steven Auguste, moved towards Mark Bennett in the entrance to the toilet area, moments before Miley bundled Jack Bennett into a cubicle where he was quickly joined by Grimes.
Jack Bennett has claimed he was dunked in faeces, which was "all over him", and was left bleeding and bruised by the attack.
They remained in the cubicle for a minute and 30 seconds, after which point Mr Bennett left the toilet area and smashed a pint glass over the head of Thompson, which he told the jury was because he believed Thompson was trying to "seriously hurt" his brother. The court has heard he was charged over the glassing but the case was later dropped by the Crown Prosecution Service (CPS).
Lawyers for the four officers today suggested that the atmosphere soured when Mr Bennett's brother, Mark Bennett, had threatened Miley when "challenged" over using cocaine. Jack Bennett had earlier told the jury that the off-duty officers had asked him for cocaine and became "aggressive" when he said he "didn't do that stuff".
However, Richard Orme, representing Thompson, challenged him on his GP records, which showed he had "discussed his cocaine use" with his doctor 10 months before the incident. Mr Bennett said that related to a "one time thing" when he had attempted to kill himself by "overdosing" on the drug.
Charlotte Rimmer, representing Grimes, highlighted that the CCTV showed Mr Bennett returning to the toilet cubicle for around six minutes after glassing Thompson. She suggested that Mr Bennett had "soiled himself" during the beating, and that he removed his boxer shorts and left them in the cubicle, where the jury heard investigating officers had found a pair of Hugo Boss boxer shorts.
She also pointed out that Mr Bennett was not wearing underwear when he arrived in hospital that night. However Mr Bennet denied that the boxers left in the toilet were his, and said: "I don't wear underwear with trackies, my brother doesn't either."
Ms Rimmer said: "Is this what happened; you soiled yourself, you took your underwear off and when you were in that cubicle you made an almighty mess.... Is it not the case, Mr Bennett, that you were in that toilet for six minutes putting your foot through the toilet, making a huge mess, and that [picture of the broken toilet] is the evidence of it?"
Mr Bennett denied that he had soiled himself or that he had caused the damage to the toilet.
Philip Astbury, representing Miley, suggested that Mr Bennett could have received the "stab wound" to his leg by kicking the toilet, which Mr Bennett denied.
He pressed Mr Bennett on why he told the jury he saw his client, Miley, holding the shard of broken porcelain, despite not mentioning it to a policeman at the hospital while he was receiving treatment, or to detectives when he gave an official witness statement in April 2021.
Mr Bennett said: "I don't know, I told the [the detective] he stabbed me in the leg, I thought he would know. I have never been in this position before."
Mr Astbury also suggested that the toilet cubicle, measured at 92cm wide, was too narrow for two men to stand side-by-side and lift Mr Bennett into the air to slam him into the toilet, describing it as "impossible". Mr Bennett replied: "They did it so it's not impossible is it."
Mr Astbury also corrected Mr Bennett on evidence he gave yesterday suggesting that he had been "followed" to the toilets by the officers. Referring to the CCTV footage, which was played in court, he pointed out that in fact Miley, Grimes and Thompson were already in the toilet area when Mr Bennett entered.
Mr Bennett accepted he was "mistaken". Mr Astbury said: "I'm going to suggest that you are telling this jury a pack of lies, I'm afraid. That was because you knew your brother had been the aggressor, and whatever happened in the toilet, that was you. You knew what you had just done, you thought 'I have just glassed a man' which may have caused very serious injuries."
Mr Bennett denied he had lied to the jury and said: "I got beaten up by two police officers, who are supposed to support and protect us."
Grimes, of Childwall Valley Road, Childwall and Miley, 31, of Redbank Close, Fazakerley pleaded not guilty to assault occasioning actual bodily harm, while Donaldson, 40, of Sergrim Road, Huyton and Thompson, 26, of Benedict Street, Bootle pleaded not guilty to affray at earlier hearings.
(PROCEEDING)
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