The family of a man left paralyzed and requiring 24-hour care after a fight outside a nightclub have agreed to a £1.2 million settlement of their High Court case against the police force.
Julian Cole was 19 when he was taken to the ground outside Elements nightclub in Bedford by Bedfordshire Police officers after being led away from the venue on May 6, 2013.
His relatives later took legal action against the police over the incident, which left him with a broken neck and damage to his spinal cord, which led to brain damage due to lack of oxygen.
Mr. Cole, now 30, never recovered and remains paralyzed and in a vegetative state requiring 24-hour care.
After Mr Cole’s family reached an out-of-court settlement with Bedfordshire Police in which the police did not accept liability, Mr Justice Martin Spencer approved the sum at a hearing in London on Friday.
He said: “Julian was forced to the ground twice by the police. In the second incident, it is understood Julian suffered serious injuries, including spinal cord damage and subsequent hypoxic brain damage, and did not recover.
“No liability has been accepted but the fact that this agreement was reached and the circumstances in which Julian was injured leave little doubt that the actions of the police officers were responsible for his injuries and that those actions were indefensible.
“The problem was exacerbated by a concerted attempt on the part of the police officers involved to falsify their own version of events, which led to disciplinary proceedings.”
He added: “I have no hesitation in approving the agreed sum.”
Mr Cole was asked to leave the nightclub on the night of the incident and continued to demand his money back, leading to a confrontation.
The resulting injuries were only discovered after he was arrested, taken to a police van and driven a kilometer to the police station, where an ambulance was called.
In 2018, Constables Hannah Ross, Sanjeev Kalyan and Nicholas Oates were found guilty of gross misconduct after it was revealed they had lied about Mr Cole’s condition as he was taken to the van and transported.
They claimed Mr Cole was able to get into the police van, but security cameras showed he had to be carried away with his legs dragging on the ground and his head hanging down.
The fourth officer, Sergeant Andrew Withey, was found guilty of misconduct for failing to carry out appropriate medical checks and was given a final written warning.
The Crown Prosecution Service had previously said no criminal charges would be filed.
The hearing at the Royal Courts of Justice on Friday was attended by Mr Cole’s mother Claudia Cole and his brother Claude, who cried during the hearing.
Angus McCullough KC, representing the family, said it would be “in Julian’s best interests for the deal to be accepted”.
She told the court the family hoped Mr Cole, who is currently being cared for in a medical facility, could be housed in his own home and cared for by a team of caregivers.
But Mr McCullough said: “This view has now been taken as it stands. [is] that this is not a realistic or feasible possibility and that he would be best cared for where he has been cared for for at least the last 10 years. [that] “It will be the best place for him, but with a significant boost in terms of the additional care, therapies and equipment this award will allow him to access.”
Neil Block KC, representing Bedfordshire Police, said: “I understand how difficult this process has been for the family.
“On behalf of my clients I wish them all the best for the future and hope that money can never get them into the position they ideally want to be in, they will look to the future with the confidence that exists now. “Significant funding to provide such specialist equipment and therapies recommended to them will make Julian’s life better for the future.” “It will make it meaningful and comfortable.”
The judge said a representative of the Chief Constable of Bedfordshire Police had expressed “regret and apology” at a meeting in 2020 for the incident, which occurred when Mr Cole was a first-year student at the University of Bedfordshire.
Paying tribute to Mr Cole’s family, he said: “This has been the most difficult time for Julian’s family.
“First of all, I would like to express my gratitude to Ms. Cole for her generous and profound love and support to Julian during this most difficult time.
“The resolution of this case is not a resolution of the problems Julian has and will face in relation to his disability, but it is hoped that these damages will go some way towards the care and support Julian requires. ”
Bedforshire Police Chief Constable Trevor Rodenhurst said: “This case is an absolute tragedy that has had a devastating impact on a young man’s life.
“Although independent investigations have not been able to determine with certainty what his injuries were, it is clear that the actions of some of the participants fell far short of the standards that I and the public expect. I apologize to Mr Cole’s family for the actions of the three police officers who were rightfully dismissed in 2018 for their dishonesty regarding his condition following his arrest.” I wished.
“Our thoughts are with Mr. Cole and his loved ones.”