Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1August 2023 Exhibits: NT2 NT3 Affidavit No. 1
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I refer the court to enclosure 29 of NT2 at pages 185-189 showing the Respondent on the Race Track and being removed from it.
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I refer the court to enclosure 30 of NT2 at pages 190-192 being the witness statement of PC Katherine Stevens dated 7 June 2023. PC Stevens was on duty at the Derby Festival. She states, inter alia:
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"At approximately 1333 HRS I have been stood between the main public barrier and the track lining barrier... “ At approximately 1333 HRS I have been stood between the main public barrier and the track lining barrier…
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Members of public began approaching the public barrier so they could get a better view of the race track. The loud speaker has then announced that the main race has started. I was not aware of the exact timing that the race had started but the cheering of the public had started and the race was being shown on large screens in the LONSDALEEnclosure so it was clear that the race had started... / was closely watching members ofpublic and facing away from the race track in order to get the best view ofpersons attempting to climb over the barrier. I have then heard shouting of "ON TRACK". As I have turned round I have seen a male I now know to be a Ben NEWMAN running from the Grandstand side of the race track into the middle of the live racing track. I was incredibly concerned as the main Derby race had started and horses would be coming towards NEWMAN at high speeds. I was aware that the main Derby race is a longer race so I knew that I had enough time to get onto the track and attempt to get NEWMAN off the track for his safety. He seemed to be smiling as he ran and I do not believe he had any care for his own safety, the horses who would be coming towards him or the jockeys riding the horses. I have seen that he has attempted to dodge a steward and has successfully done this and kept running. It was clear that NEWMAN was not aware ofhis own personal safety and the risk he was putting on those trying to get him off the course. Due to a concern for his safety I have run onto the main track during the live track. I have seen my colleague PC 40632 HODGKINS standing in the middle of the track and have seen him manage to rugby tackle NEWMAN to the ground where a race course steward has joined him. This was during the live race and I believe it was near the 1/2 furlong marker. I have immediately run towards my colleagues PC 40632 HODGKINS, the steward and NEWMAN who was detained on the floor. I have started shouting "GETHIM OFF THE TRACK. HORSES ARE COMING" as I could hear my colleague PC 40632 HODGKINS stating he was going to handcuff NEWMAN. I had real concerns for the safety of everyone dealing with NEWMAN and the risk he had put on himself, my colleagues and the racecourse steward. / have then assisted with carrying NEWMAN off towards the LONDSDALE Enclosure side as I knew that prisoner transport vans had been sat up on standby at the entrance to the enclosure... / have been holding NEWMAN's leg as he had refused to walk off the track by himself. He was a heavy weight and had gone all floppy. We have carried NEWMAN towards a gate exit through the public into the LONSDALE Enclosure. Members of the public were shouting and swearing at NEWMAN and we managed to clear a way through to keep NEWMAN safe from the public. The stewards attempted to help us with this. I have been saying "GET BACK GET BACK" to the public who have been booing. During this I have heard the racehorses come galloping past and they were clearly at maximum speed due to being near the finish line. We have walked NEWMAN towards the prisoner transport unit and stood him next to the van in a sterile area. NEWMAj%1 11 LONSDALE Enclosure so it was clear that the race had started… I was closely watching members of public and facing away from the race track in order shouting of “ON TRACK”. As I have turned round I have seen a male I now know to be NEWMAN who was detained on the floor. I have started shouting “GET HIM OFF THE TRACK. HORSES ARE COMING” as I could hear my colleague PC 40632 I have then assisted with carrying NEWMAN off towards the LONDSDALE Enclosure entrance to the enclosure… I have been holding NEWMAN’s leg as he had refused to walk off the track by himself. have been saying “GET BACK GET BACK” to the public who have been booing. the prisoner transport unit and stood him next to the van in a sterile area. NEWMAN 14
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