Sergeant’s assault leads to new action

Reporter: Helen Korn
Date published: 29 July 2013


A POLICE sergeant will face a misconduct hearing after being found guilty of common assault.

Sgt Richard Miller (46) was fined £500 and ordered to pay costs and compensation following a trial at Manchester Magistrates’ Court,

The Chadderton police station custody officer used excessive force on 6ft 5in student Jonathan Rushambara (32) while he was in the station last July.

A police complaints commission investigation found that Miller dragged the handcuffed man along the floor of the custody suite as Mr Rushambara screamed “my arm, my arm”. It was later discovered the arm had been broken during the arrest, at the Star Kebab and Pizza takeaway in Yorkshire Street, Oldham at 4.30am that day. There was no evidence the break was caused deliberately or by excessive force.

But the actions of Miller in the custody suite were described as “wholly inappropriate.” CCTV footage showed Miller forcibly using the handcuffs to drag him more than 30 metres into the custody suite.

The audio recording from the suite picked up Mr Rushambara’s screams. He ws taken to hospital once the injury was discovered.

IPCC Commissioner James Dipple-Johnstone said: “The CCTV footage which captures the actions of sgt Miller is truly shocking.”

Malcolm McHaffie, deputy head of special crime at the Crown Prosecution Service, said: “During his arrest, the victim had sustained a fracture. Though the extent of his injury was unknown to all parties on his arrival at the station, the victim protested he was in in pain and couldn’t get out of the police van. Despite this, Sgt Miller dragged the detained man by his handcuffs.

“Though his position undoubtedly requires Sgt Miller, on occasion, to use a degree of force, he is also expected to look after the welfare of detained persons. The court has found his handling of the victim was both excessive and unlawful.”

The investigation showed a police constable and two custody officers saw what Miller did but didn’t challenge him. They face a misconduct hearing.