Glenys Goodenough and Another v Chief Constable of Thames Valley Police

JurisdictionEngland & Wales
JudgeMr Justice Turner
Judgment Date26 March 2020
Neutral Citation[2020] EWHC 695 (QB)
Date26 March 2020
Docket NumberCase No: HQ10X00957 / QB-2010-000113,HQ10X00957/QB-2010-000113
CourtQueen's Bench Division

[2020] EWHC 695 (QB)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Before:

THE HON. Mr Justice Turner

Case No: HQ10X00957 / QB-2010-000113

Between:
Glenys Goodenough & Anor
Claimants
and
Chief Constable of Thames Valley Police
Defendant

James Laddie QC and Raj Desai (instructed by DPG Law LLP) for the Claimant

John Beggs QC and Aaron Rathmell (instructed by DAC Beachcroft) for the Defendant

Hearing dates: 3, 4, 5 and 6 March 2020

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

THE HON. Mr Justice Turner

Mr Justice Turner Mr Justice Turner The Hon

INTRODUCTION

1

These claims arise out of the death in police custody of Robin Goodenough whose short and troubled life came to a sudden and unexpected end on 27 September 2003. The events of that day have cast a long and dark shadow over the lives of his bereaved family and of those police officers whose actions at the time have been subject to intense, and often hostile, scrutiny over the last seventeen years.

2

The claimants are the mother and sister respectively of the deceased. The hearing before me was concerned only with the issues of liability and causation of death. The issue of quantum of damages was ordered to be determined on a future occasion in the event that the claimants were to be successful at this stage.

3

Fortunately, although the parties are not in complete agreement as to the details of the events giving rise to these claims, there is sufficient common ground to enable me to outline the background in relatively uncontroversial terms. This I have done with the intention of providing a coherent introductory narrative uncluttered with extraneous detail.

4

Where in this judgment I have omitted to make specific reference to any given piece of evidence or argument this must not be taken to be an indication that this is owing to accidental oversight. In a case in which there are no fewer than 3,834 pages of documents (not including the medical evidence) and 120 pages of written submissions it is neither practicable nor desirable to aim to be all-inclusive in my reasoning. I can indicate, however, that where I have not referred to any particular detail or submission arising therefrom then it is because I have concluded that the recital of the consideration and resolution of the same would not lead me to any conclusions different from those later articulated in this judgment.

BACKGROUND

5

On 26 September 2003, Mr Goodenough appeared at Oxford Magistrates' Court. It was a venue with which he was by no means unfamiliar. At the age of 26 he had already accumulated a long record of relatively petty offending and may well have expected on this occasion to have been sent to prison yet again. So he probably considered himself fortunate when the magistrates decided to give him another chance. Having been remanded in custody over the week prior to his appearance, he was allowed his liberty.

6

Their mercy, however, proved to be fatal.

7

Even the most cursory glance over Mr Goodenough's extensive catalogue of criminal antecedents would be sufficient to confirm his obsession with cars. This was a fascination which found him behind the wheel of his sister's Vauxhall Astra on the very evening of the day upon which he had been saved the ordeal of a further period in custody. He was disqualified from driving but this prohibition operated as no more effective a disincentive on this occasion than it had done in the past. He was, inevitably, uninsured and the Astra was neither taxed nor covered by an MOT certificate.

8

Mr Goodenough enhanced the chances of his being caught by driving close to Oxford City Centre in the early hours of the morning in an eye-catchingly tatty car. He had made matters even worse by earlier inhaling butane to which he was addicted and the recent consumption of which was never likely to have enhanced his driving skills. His passengers on this excursion were one Andrew Swaddling in the front passenger seat and the second claimant in the rear.

9

At 12.19am, as Mr Goodenough was negotiating the Plain roundabout, which is just to the east of Magdalen Bridge, his vehicle was spotted by police officers in a van being driven by one PC Shane. There were no fewer than eight other officers on board. Suspicions were aroused by a combination of the condition of the Astra and the furtive reaction of Mr Goodenough and his sister when they became aware of the presence of the police. The decision was made to stop the Astra but Mr Goodenough made off. He would have been all too well aware of the likely custodial consequences if he were to be apprehended. He left the roundabout at its junction with Cowley Road and, when PC Shane activated the van's blue lights and sirens, he put his foot down. A short chase over a distance of about 260 metres ensued. Mr Goodenough, although not reaching high speeds, was noted by the officers to be driving erratically before turning left into Alma Place. It doubtless came as a disappointment to him when he realised that he had driven into a cul-de-sac. He came to a halt but, despite the fact that he was trapped in a dead end, there remained sufficient room in which he could have driven the Astra a little further down the street before running out of road. The police van drew to a halt immediately behind the stationary Astra and the officers got out to surround it.

10

According to his notebook, the officer in charge, PS Bates, attempted to open the driver's door but Mr Goodenough tugged on it and ignored repeated shouts to get out of the vehicle. At this time, the engine of the Astra was still running, although probably in neutral gear. PS Bates stated that he considered that there was a severe risk to the officers in the event that the driver were to attempt to move the vehicle. Mr Goodenough was seen to be tensing and straining in the driver's seat. PS Bates pulled at Mr Goodenough's arm for a couple of seconds but later described being pushed to the left as other officers crowded in. Perhaps because he may have lost his balance, his next recollection was of seeing Mr Goodenough under restraint on the ground. He was not called to give evidence at the hearing before me and the claimants made no application to cross-examine him. 1

11

After PS Bates's initial unsuccessful efforts, it was PC Shatford who took the lead in attempting to get Mr Goodenough out of the car. His account was to the effect that his first objective was to remove the keys but Mr Goodenough then appeared to be leaning towards the inside of the vehicle. He said that he feared that he was intending to reach for a weapon. He took hold of Mr Goodenough by his right shoulder and arm and attempted to extricate him from the vehicle by pulling at him several times.

12

PC Summerville was also involved, albeit to a lesser extent, in the effort to remove Mr Goodenough. He had followed PS Bates around the front of the car and recorded reaching into the car to help PC Shatford remove Mr Goodenough.

13

Mr Goodenough, however, was not compliant. At this stage, PC Shane arrived and, from behind PC Shatford, delivered what he described as two “distraction blows” in the form of punches to Mr Goodenough. PC Shane said that he was motivated by concern that PCs Shatford and Summerville were afraid that the driver was about to manoeuvre the vehicle and hit and injure other officers in the process. The first blow was largely ineffective because it partly landed on the Astra and/or PC Shatford's arm. However, whether as a result of the second of these two blows or otherwise, Mr Goodenough's resistance to physical movement soon ceased and he emerged from the vehicle. The force required to achieve this was mainly provided by PC Shatford with some momentary assistance from PC Summerville who had taken hold of Mr Goodenough's clothing for a short time. Mr Goodenough's face hit the road with sufficient force to fracture the alveolar ridge (the raised thickened border of the jaw that contains the sockets of the teeth) and to loosen teeth. His facial wounds were bleeding profusely and an ambulance was called. He was handcuffed and arrested

by PC Shatford: first for driving whilst unfit through drugs and then for driving whilst disqualified
14

Thomas Sayers, a witness who lived in a nearby property on Alma Place, was not called to give evidence but had given a statement suggesting that officers may have kicked Mr Goodenough when he was on the ground. However, this allegation was unsupported by the medical or any other witness evidence and the claimants rightly abandoned the suggestion that it was sustainable. In the circumstances, I find that caution falls to be exercised in considering what weight to give to any other evidence given by Mr Sayers.

15

Paramedics Teresa Hardy and Stephen Oakes arrived at the scene at 12.28pm and placed Mr Goodenough in an ambulance. Tragically, he died soon thereafter. By the time the ambulance arrived at the John Radcliffe Hospital it already was too late. The cause of his death was atrial fibrillation caused by the stress of events. The physiological impact, in particular of the release of adrenalin, would very probably not have had fatal consequences for someone with a normal constitution. However, Mr Goodenough, was a regular abuser of butane gas. Indeed, an empty butane gas canister had been found in the vehicle which he had been driving. As a result, his heart had been fatally sensitized to the impact of the various stressors...

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