Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1 August 2023 Exhibits: NT2 NT3
has tried to get onto the van and I have asked him to stay outside until we had searched him. I had concerns that he may have items on him which may be used for locking on or glue items for sticking himself to the van. NEWMAN has given me his details and also to PC 2511AINSWORTH." I refer the court to enclosure 31 of NT2 at pages 193-195 being the witness statement of PC Mark Hodgkins dated 3 June 2023. PC Hodgkins was also on duty at the Derby Festival and states, inter alia: "At approximately 13:35 hours the main derby (sic] race (THE BETFRED DERBY) started and the horses began racing down the back end of the track. I knew this due to the big screen opposite the GRANDSTAND showing the race live and the crowd noise from people cheering. A short while into the race I could hear a lot of the crowd shouting and booing. I looked down the track towards TATTENHAM CORNER' (last corner before the home straight to the finish line) and could see a male (NEWMAN) in the middle of the track running down towards the finish line being chased by a steward. I now know this male to be BEN NEWMAN (32). NEWMAN was running away from stewards down the track towards the finish line in front of the main `GRANIWSTAND' and the 'TATTE[N1HAM MQ' area. Due to the race being on and the risk of horses coming down the home straight at any moment I decided to enter the race track to remove NEWMAN. I ran towards NEWMAN who was still running away from stewards and I tackled him to the floor to prevent his escape. At 13:36 hours I said to NEWMAN `YOU ARE UNDER ARREST ON SUSPICION OF CAUSING A PUBLIC NUISANCE'. A colleague has then joined and shouted `QUICK WE NEED TO GET OFF THE TRACK THE HORSES ARE COMING'. Along with otherpolice colleagues we have dragged NEWMAN off of the track. Whilst at the side of the track NEWMAN was restrained on the floor. I have then applied handcuffs to him in the rear stack position, double locking and checking for tightness.
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We kept NEWMAN restrained at the side of the race track on the grass till all of the horses racedpassed us towards the finish line.
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It was evident to me that NEWMAN's actions created a serious risk to the horses, the jockeys, myself and other colleagues working at the event who had to enter the live race track. NEWMAN's actions also caused significant distress and annoyance to the thousands of members of the public in attendance at the event. When I had tackled NEWMAN to the floor and my female colleague shouted at me that the horses were travelling down the home straight we were on I suddenly realised the severity of the situation. I was in genuine fear for my safety at the thought of 10+ horses travelling directly towards us (near the finish line) at around 40 mph. I was really scared that I was going to be seriously injured by the on coming horse[s], I [am] extr[e]mely grateful that other officers arrived so we were able to get NEWMAN off of the track before the horses came racing down." The video evidence, photographic evidence and statements from the attending police officers speak for themselves. It is clear that the Respondent's actions were deliberate and dangerous.
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