'I'm not sure' as to whether officers 'grabbed' disabled man on dance floor, court told

The witness of an alleged assault by two Merseyside Police officers has a history of police complaints and has previously been convicted of a crime, the court heard. Matthew Muskett and Zach Gell appeared at Manchester Magistrates’ Court on Wednesday, November 27, both charged with assault by beating after it is was alleged they grabbed Sam Corner and shoved him in Dorothy’s Showbar on Victoria Street in Liverpool city centre on May 11, 2023. Gell and Muskett deny the charges.

Mr Corner, who has cerebral palsy, autism, ADHD and a stoma bag, had been out with three friends, Adam Smith, Paul Powers and his partner Frances on the night of the Eurovision semi-finals.

The trial, in its third day, has previously heard how Gell, 27, of Starbeck Drive, Little Sutton, and Muskett, 25, of Windham Close, Eastham, allegedly assaulted Mr Corner in the corridor of the night club after following him in and out of the men’s toilets.

READ MORE: "Don't think I won't hit you because your mate is here"

READ MORE: Lee Harrison charged with drug offences after police stop car

When Paul Powers was cross examined by Maria Brannan, defending Matthew Muskett, he was asked to demonstrate the physical intimidation he claims he saw Mr Corner subjected to by the group of men which Muskett and Gell were with in the dance floor area of the bar. But when the barrister pointed out he was struggling to demonstrate the actions, Mr Powers told the court he wasn't sure whether Muskett put his hands on Mr Corner at that point or not, before the incident moved into the corridor of the night club. He said: “[They were] moving around him, trying to enforce terror on him.”

As Mr Powers was questioned on why his police statement was different to his recollection of events in court, he claimed his statement had been watered down and “whitewashed” by police officers. After telling the court on Tuesday, November 26, how he had found Mr Corner in the foetal position and screaming, Ms Brannan read back his statement: “I found Sam very upset outside rocking backwards and forwards outside the club. I went back outside to take a quick selfie with Dorothy and we got a McDonald’s on the way back.”

As the cross examination continued, Mr Powers was asked about his relationship with police. Ms Brannan told jurors he had made numerous complaints in the last two years about police officers. Mr Powers, 54, admitted he had a nickname for the two defendants. When asked what it was by Ms Brannan, he said it was “GACCH; Grunt, Abusive, Corrupt, Coward, Hyena.”

When asked if he had “made up” seeing any form of physical contact on Mr Corner and the extent of his reaction, he said: “No, I think that the police are embarrassed by this and are trying to cover this up.”

Mr Powers admitting to becoming “incensed" by the barrister's questioning. He also admitted he had previously been convicted of criminal damage when probed by Ms Brannan.

As Rachael White, defending Zach Gell, questioned Mr Powers, he claimed he had been “injected with an unknown substance” by police in another incident since the alleged assault. Ms White said that had been “thoroughly investigated and they are false and unsubstantiated claims”. He continued to outline how he believes his house had been burgled by police and how officers had assaulted him in a further two incidents.

Ms White told the court there are 161 logs between Mr Powers and local police forces, which Mr Powers claimed was a “paper trail” of incidents and inactivity of previous complaints. After being told to “take a breath” by District Judge Hamilton, he claimed he was being “manipulated” and only “weak witnesses” had been chosen to give evidence. As he left the dock, he said: “justice for Sam”.

Following the conclusion of Mr Powers’ cross-examination, PC Tanyel Goren told Suzanne Ludlow, prosecuting, that the statement on record is the same one he took from Mr Powers over the phone in October 2023. As Ms Brannan questioned him, he confirmed he had not asked for CCTV of the bar area, checked whether there was any CCTV in the toilets and did not take any photographs of the toilet.

When questioned by Ms Brannan, PC Goren said he refused to let Mr Powers do a second statement. He claims this was due to him failing to add relevant information, but was rather using “descriptive information” using “metaphors of animals” to describe the incident.

PC Goren confirmed he had never spoken to staff at the bar after taking over the case. He was then asked about whether police officers should carry their warrant cards with them while off duty, he said he was told that former Chief Constable of Merseyside Police Andy Cooke "requested that all his officers carry their warrant cards everywhere they go".

The proceedings continue.