Moment man is Tasered and punched in the face by police while trying to stop his house being repossessed as he’s cleared of affray after judge said he had right to defend his home and officers had entered unlawfully
- Robert White, 62, was punched and Tasered when officers ‘smashed’ into home
- Maidstone Crown Court judge ruled ‘trespassing’ officers entered unlawfully
- Mr White was cleared of affray and had ‘every right to defend his home’
- More than 20 supporters attended and clapped the judge out of the court
A homeowner facing repossession was cleared of affray after a judge told a jury that he had every right to defend his home against two policemen who entered illegally, punched and Tasered him.
Robert White, 62, barricaded himself inside his home in Sheerness, on the Isle of Sheppey in Kent, when officers, bailiffs and a locksmith arrived with a county court warrant for eviction.
Officers said that he was aggressive and swinging a 2ft long wooden club — claims Mr White denied.
Judge David Griffith-Jones QC found police had entered the defendant’s home unlawfully on February 5, 2019, and Sergeant Russell Balment was essentially a ‘trespasser and unwelcome intruder’.
He told the jury at Maidstone Crown Court it didn’t matter the sergeant was a police officer and the defendant was entitled to remove him with reasonable force.
Robert White, 62, outside Maidstone Crown Court. He represented himself and was cleared of affray
The court was told that after Mr White did not answer the front door, police went round the side of the bricklayer’s home and used an enforcer to smash the bottom of a door.
Mr White told the court he was at his front door when he heard the ‘crashing’ noise and, fearing for his safety, grabbed the piece of wood — what he described as a varnished ornament.
Mr White told the court: ‘As I walked round the corner from the hallway I briefly saw Sergeant Balment’s head poking through the broken door.
‘I walked over and picked up the 2ft square panel and attempted to block the unlawful entry by Sergeant Balment.
‘I believe I had the right to defend my home. I was not swinging any weapon at any officer.
‘As I heard the smashing I was in fear for my safety. I knew there were police outside, I knew there were bailiffs outside but I didn’t know why they were smashing the door in.
‘As far as I was concerned it was meant to be a peaceful entry.
‘The weapon, as it’s been called, was an ornament. It has a hook in it and I had it hanging up by the front door. I have several similar ones in the house. I find them and varnish them because it’s something I do.
‘At no point did I swing it at Sergeant Balment. There was no breach of the peace.’
After being told ‘get out of my house’ by Mr White, PC Dunn, who was assisting Sergeant 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.
The jury were shown body-worn footage from police which showed the altercation from February 2019, including a bloodied Mr White being arrested.
Police went round the side of the bricklayer’s home and used an enforcer to smash the bottom of a door open
Police smashed the bottom half of Mr White’s side door, after knocking on the front door but not getting a response
Judge Griffith-Jones, QC told the jury they needed to decide whether Mr White threatened violence to Sergeant 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 Sergeant 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.’
Mr White was Tasered twice and punched in the head twice when officers ‘unlawfully’ entered his home in Kent
When reading the facts of the case Judge Griffith-Jones, QC 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.’
Mr White is still involved in a civil dispute with the mortgage company.
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