Rowland v Mitchell
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- Mr Justice Mitting
Areas of Law
- Tort Law
- Evidence Law
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
Andrew Mitchell, the Chief Whip, was involved in an incident with police officers at Downing Street's Whitehall gates over access rules for bicyclists. The officers claimed Mitchell used abusive language and called them 'plebs,' a charge he denied. The court examined CCTV footage and testimonies, assessing the reliability and credibility of the statements made by both sides. The court found the police officers' account, particularly that of PC Toby Rowland, to be more consistent and credible, determining that Mitchell did use the term 'pleb' and other abusive language as alleged.
JUDGMENT
Mr. Justice Mitting Thursday, 27 th November 2014
(1.57 pm)
Ruling by MR JUSTICE MITTING
Since 1989, Downing Street has been protected, at both the Whitehall and Horse Guards Road ends, by manned security gates.
The Whitehall gates are the first line of defence against a vehicle-borne attack. The second is a lowerable metal ramp or vehicle blocker and strategically placed metal bollards inside Downing Street. There are three gates and a card-operated turnstile to admit members of staff working in Downing Street.
The first pair of gates on the Whitehall side are lightweight metal gates, which effectively do no more than mark the boundary of the area from which those without permission to enter Downing Street are excluded.
Behind them are a pair of heavy metal gates on rollers. For vehicles to pass, both pairs of gates must be opened. The area between is known by the officers who man the gates as the pit or, with grim flippancy, the suicide pit.
To the right -- looking from Downing Street towards Whitehall -- of the vehicle gates is a single foot pedal operated pedestrian gate. A pedestrian leaving via this gate must then turn right alongside the Whitehall front of the Foreign and Commonwealth Office behind a low barrier to get to the pavement.
Between the vehicle and pedestrian gates is a bullet and blastproof police hut. Further into Downing Street on the Foreign and Commonwealth Office side are a manned search hut and a further police hut, next to the vehicle blocker from which it is operated.
At the Horse Guards Road end of Downing Street there is a pair of vehicle gates and a card-operated turnstile. There is no separate pedestrian gate.
Once inside the gates, pedestrians, but not vehicles, can reach Downing Street by climbing the steps at the Horse Guards Road end, but to do so have first to be let through a manned pedestrian gate at the foot of the steps.
Pedestrian and vehicle traffic in Downing Street is regulated by a Traffic Management Order made on 11 June 2008 by Westminster City Council. The order prohibits any person from entering or proceeding in Downing Street except with the permission of a police officer in uniform.
During the working day, and until 10 pm, 13 uniformed police officers are deployed at various posts in Downing Street. All are members of the Diplomatic Protection Group which guards Downing Street, the Palace of Westminster, and Embassies and High Commissions in the Government Security Zone in central Lon