Court backs hero officer as prosecution highlights dilemma of policing scrambler bikes
A hero officer who knocked a disqualified driver off a scrambler bike as he tore through a city`s streets to “prevent him from killing someone” has been cleared of any wrongdoing.
Nov 3, 2016
By Nick Hudson
A hero officer who knocked a disqualified driver off a scrambler bike as he tore through a city`s streets to “prevent him from killing someone” has been cleared of any wrongdoing.
Police Constable James Ellertons unmarked patrol vehicle struck a Honda CRF 250, ridden by Devere Ogungboro, who had been doing wheelies, weaving in and out of traffic and driving on the wrong side of the road in the centre of Liverpool.
Prosecutors accused PC Ellerton, who has won two awards while serving with Merseyside Police, of not following official policy and said Mr Ogungboro was vulnerable on a scrambler.
But the officer denied dangerous driving and said he drove at Mr Ogungboros motorbike at low speed to stop him causing potential harm to the public.
The father-of-two was found not guilty by a jury with a majority verdict after five and a half hours of deliberation, following a four-day trial at Liverpool Crown Court.
Following the court case, the force said PC Ellerton`s trial had highlighted the “real dilemma” faced by officers trying to pro-actively deal with people “putting others` lives at risk”.
In a lengthy statement, Assistant Chief Constable Ian Critchley backed his officer. “On the day, Constable Ellerton did what he thought was the right thing and he made a decision to protect members of the public.”
During his seven years with the force, PC Ellerton has received a commendation for bravery for saving a woman who was drunk and fell asleep in a burning, smoke-filled house and another for professionalism for helping to arrest a man who had murdered his partner.
The court heard he was on duty with an armed response unit in the early hours of Monday, September 14 last year when he spotted Mr Ogungboro flying through a junction on the motorbike with no lights or registration plates.
He followed the rider, who was serving a suspended jail sentence for weapon and drug possession at the time, towards Toxteth.
Mr Ogungboro turned round in the road and PC Ellerton moved onto the wrong side of the street to block his path.
CCTV footage showed the Honda slow down and attempt to pass the white van, only for PC Ellerton to turn into the bike.
He told the jury: The sole purpose was to protect life. To prevent him returning to the city, where potentially he could have seriously injured or killed someone.
There are always lots of pedestrians in that area. The riding of the bike was dangerous.
If he was to carry on driving the way he was, I could only foresee one outcome and that would be an accident. I could not allow him to return to the city centre.
He said scramblers had become the scourge of Merseyside and were involved in many serious and fatal accidents.
PC Ellerton said they were the go to vehicle for gun and drug gangs, because police forces often deemed it too risky to pursue criminals on these bikes.
Ian Hope, prosecuting, said the police could only pursue motorcyclists in exceptional circumstances and with the approval of a senior officer.
He told the jury PC Ellerton was a a good man, doing a good job, 99 per cent of the time, and on our side but had not followed force procedure.
Mr Hope said: A young man doing wheelies, driving badly. Quite possibly it was a stolen bike in the mind of the officer driving the van we accept that.
But if you keep knocking people off bikes using a police vehicle, you are going to end up with a lot of dead teens.
Two wrongs certainly don