Coroner Blasts Taxi Drivers As Narrative Verdict Returned In Death Of Litherland Man
July 23 2009
“VIGILANTE JUSTICE” – those were the damning words of the Sefton Coroner as he recorded a narrative verdict into the death of Gary Jenner.
Mr Jenner, 28, of Litherland, died after a fight with Luke McCormick over a chip shop sausage ended in tragedy.
Off duty taxi driver Mr McCormick held Mr Jenner face down in a headlock while at least three other drivers restrained him as they waited for the police to arrive at Tsang’s takeaway on Stanley Road, Bootle, on January 14, 2007.
Coroner Christopher Sumner recorded the cause of death as asphyxia and external compression of the neck, caused by the arm lock in which Mr McCormick held Mr Jenner.
In his report the Coroner criticised the taxi drivers and complacent police procedure.
Delivering his verdict Coroner Sumner said: “Ronald Walsh, a taxi driver, who was waiting for Mr McCormick and Mrs Kelly whilst they went into the Take-Away, made a ‘Yellow One’ call to his base. This means that a driver is in trouble and assistance is required.
“There is no doubt however that this call helped cause a chaotic situation.”
Referring to CCTV footage showing scenes of confusion, Coroner Sumner said: “I feel that the local taxi drivers and their radio rooms should look hard at themselves to ascertain whether such a code is justified.
“It smacks of vigilante justice and on this occasion was a totally inappropriate and disproportionate response to the circumstances.”
The Sefton Coroner was also critical of the response of police at the scene who failed to call an ambulance immediately, despite Mr Jenner lying unconcious on the ground.
Coroner Sumner said: “One point of concern is that the senior officer at the incident, Sergeant Collins, only assumed that an ambulance had been summoned.
“When she actually asked for the estimated time of arrival of the ambulance, Mr Jenner was already unconscious.
However, the Coroner accepted that Mr Jenner’s state of health upon police arrival was irreversible.
He added: “The police officers were doubtless hampered in going about their duties by the attendance of a multitude of taxi drivers called to the scene by a coded radio message. The actions of the police were appropriate given this state of confusion.”
Mr McCormick acted in self defence after Mr Jenner threw the first punch inside the shop, the Coroner said.
He added: “There is everything to suggest that Mr McCormick was at this point acting out of self preservation. There is no doubt in my mind that Mr Jenner was a much bigger man than Mr McCormick.”
But paying tribute to her son Christine Jenner described her 6ft 1ins son as “a gentle giant”.
Mrs Jenner said: “He was very genuine and had a laugh I miss him popping his head around the door and asking ‘Do you want a cup of tea mum?’.
“Without him it’s a big void in my life.”
Coroner's verdict
IN THE COURT OF HER MAJESTY'S CORONER
IN THE COUNTY OF MERSEYSIDE
IN THE SEFTON, KNOWSLEY & ST HELENS DISTRICT
IN THE MATTER OF GARY JENNER DECEASED
On the evening of January 13, 2007, Gary Jenner went out socialising with his friend Michael Cole. According to Mr Cole, they consumed a bottle of vodka between then, together with mixers and that whilst they were merry, they were not drunk.
At a subsequent autopsy, the blood alcohol reading for the deceased was 245mg per 100mls and the urine alcohol reading was 307 mg per 100mls. The Forensic Pathologist, Dr. Armour, considered that such a reading would be consistent with moderate to heavy intoxication and would have affected the deceased's behaviour at the time.
A little after 1am, on January 14, Mr Cole and Mr Jenner left each other's company and Mr Jenner went to Tsang's Chinese Take-Away. He had in his possession only a few pence. He asked a customer, Luke McCormick, to buy him something. Mr McCormick gave him a sausage after Mr Jenner had made a second demand. Mr Jenner's conduct was such, that a witness, Carly Hatch, another customer in the shop, called him a "horrible b*st*rd" in evidence.
Mr McCormick had drunk four pints and two bottles of normal strength lager. He stated that he was fully aware of his actions and not drunk. Mrs Kelly, his partner, had drunk a wine spritzer at home then five double brandies and coke and a drink called a Bailey's cup. She described herself as merry.
When Mr Jenner demanded more than a sausage, Mrs Kelly took the offending sausage from him, only for Mr McCormick to return it. Mr Jenner then became aggressive and abusive towards Mr McCormick and Mrs Kelly and there is much to suggest that Mrs Kelly was herself verbally confrontational, most probably as the result of her intoxication.
Mr Jenner threw a punch which caught Mrs Kelly on her arm, at which point Mr McCormick stood between her and Mr Jenner in an endeavour to keep the parties apart. A second punch from Mr Jenner caught Mr McCormick just below the right ear with sufficient force as to knock him to the floor. After he got up there was a scuffle between the two men with Mr McCormick trying to maintain a close grip to avoid the deceased from punching him, whilst the latter was trying to step away to enable him to throw more punches at Mr McCormick.
Mr McCormick at some stage asked for the police to be summoned and this was done. At about the same time Ronald Walsh, a taxi driver, who was waiting for Mr McCormick and Mrs Kelly whilst they went into the Take-Away, made a "Yellow One" call to his base. Essentially this means that a driver is in trouble and assistance was required. Mr McCormick is a taxi driver, although that night he was not on duty. The coded call was thus somewhat erroneous given the circumstances. There is no doubt however that this call helped cause a chaotic situation in the immediate vicinity of Tsang's.
CCTV evidence shows taxi cabs soon arriving in large numbers. Indeed I was surprised that Bootle had so many Taxis. Their involvement caused congestion on the roads near to Tsang's and confusion at the Take-Away itself. I feel that the local taxi drivers and their radio rooms should look hard at themselves to ascertain whether such a code is justified. It smacks of vigilante justice and on this occasion was a totally inappropriate and disproportionate response to the circumstances.
The scuffle between the two men spilled out of Tsang's and Mr McCormick took Mr Jenner to the ground by kicking his legs from under him. He pinned him to the floor by using his forearm across Mr Jenner's throat and then using his body weight to keep Mr Jenner down. As Mr Jenner calmed down, Mr McCormick said he released the pressure only to reapply it when Mr Jenner struggled further. There is everything to suggest that Mr McCormick was at this point acting out of self preservation.
It should be noted that Mr Jenner was a big man, weighing 114 kilograms at autopsy. He was 1.86m in height and was described as being heavy muscular build. There is no doubt in my mind that Mr Jenner was a much bigger man than Mr McCormick, who I saw when he attended court to give evidence.
Whilst on the floor, Mr Jenner was abusive and threatening to Mr McCormick, who said that Mr Jenner showed no signs of distress and continued to struggle until immediately prior to the arrival of the police.
At this point Mr McCormick was assisted by three men who held Mr Jenner's limbs.
Mr Jenner sustained a number of bruises and abrasions to the head, although these neither cause nor accelerated Mr Jenner's death. They are indicative of Mr Jenner's head being in forceful contact with the ground. Dr Armour notes that Mr Jenner may have also been stamped on the eyebrow and nose, although there is no evidence as to who inflicted such an injury.
When the police arrived, the scenes must have been one of total confusion. The road was full of taxis. Taxi drivers were milling around, having attended the incident as the result of the "Yellow One" radio transmission. Five men were involved in an incident on the floor. The Take-Away was still open for business.
To add to this confusion, one of the men on the floor, shouted to the police to get their CS canisters out as one other on the floor was violent in disposition. Mr McCormick said that Mr Jenner continued to struggle until just before the arrival of the police, if that is correct then there was no need for CS gas as Mr Jenner was no longer of a violent nature.
There is some evidence from two of the taxi drivers that one of the three female police officers advised those restraining Mr Jenner to continue to do so. This is disputed by the police. Indeed a considerable amount of evidence surrounding the aftermath of the police arrival varies between the witnesses. This is not surprising given the short time span involved and the chaotic scene that then existed.
PC Hogan placed a handcuff on Mr Jenner's left wrist and asked those restraining him to move away. Prior to handcuffing the right hand the officer was informed by colleagues that Mr Jenner was by now unconscious, although breathing. He immediately removed the handcuff, checked on Mr Jenner's circulation and then placed him in the recovery position, being assisted by three colleagues. The police officers then administered first aid to Mr Jenner until the arrival of paramedics.
One point of concern is that the senior officer at the incident, Sergeant Collins, only assumed that an ambulance had been summoned. When she actually asked for the estimated time of arrival of the ambulance, Mr Jenner was already unconscious.
The first function of the police was to preserve life and thereafter to maintain or restore the peace, to preserve a crime scene and to apprehend suspected wrongdoers.
PC Price said that when she first saw Mr Jenner his eyes were open but he soon lapsed into unconsciousness.
Dr Armour evidenced that her clinical findings were consistent with an external compressive force being applied to Mr Jenner's neck with such force as to cause bilateral fractures of the hyoid bone in the neck. Such injuries Dr Armour stated, were consistent with the application of an arm lock. It would prevent blood flow to and from the brain, and also air entering and leaving the lungs. The continued application of the arm lock meant that unconsciousness was inevitable, that the brain would suffer ischaemic / hypoxic damage and death would intervene.
If Mr Jenner were deeply unconscious when the police arrived, then Dr Armour evidences that his condition was irreversible and that his death was inevitable despite all resuscitative measures.
Mr Jenner went into asystole in the ambulance and despite all resuscitative techniques he was pronounced dead at University Hospital, Aintree on January 14, 2007.
I said at the conclusion of the hearing that it was my intention to give a narrative verdict to fully reflect the circumstances of Mr Jenner's death. My verdict thus is as follows:
Gary Jenner died on January 14, 2007 in the University Hospital, Aintree. His cause of death was:
1a Asphxia
1b External compression of the neck
Such injuries were sustained outside Tsang's takeaway in Stanley Road Bootle, following a physical confrontation, instigated by the deceased, between himself and Luke McCormick. At the time Mr Jenner was suffering from the effects of alcohol and he must have presented a formidable adversary given his size and demeanour. The injuries were sustained when Mr McCormick used his body weight to pin Mr Jenner to the floor and a forearm to maintain an arm lock on Mr Jenner's neck. Mr McCormick was acting out of self defence.
By the time the police arrived at the scene of the incident, Mr Jenner was already unconscious and had, in all probability, suffered irreversible brain damage. Mr Jenner was at first handcuffed on one arm but the handcuffs were immediately removed once his state of unconsciousness was realised and that he no longer presented a physical threat to anyone at the scene. The police officers were doubtless hampered in going about their duties by the attendance of a multitude of taxi drivers called to the scene by a coded radio message. The actions of the police were appropriate given this state of confusion.
Source; Crosby Herald - crosbyherald.co.uk
Login
Register
FAQ
