Nottinghamshire councillor told to pay £5 for breaking police officer's watch strap blasts decision to prosecute him

Ashfield Independents councillor David Martin, who represents Selston for Nottinghamshire County Council
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A Nottinghamshire County Councillor has branded a decision to prosecute him for an assault on a police officer for which he was ordered to pay just £5 compensation “a complete and utter waste of the taxpayers' money”.

David Martin said had the police fully explained to him why they were at his home with a search warrant when they woke him at 7am he would have let them in without an issue. But instead, the 58-year-old, who was in his dressing gown, chose to close the door on a sergeant who was trying to get in causing pain to his arm and his watch strap to break.

The Ashfield Independent, who represents Selston and is also the village's parish council chairman, has had his views echoed by a judge at Nottingham Crown Court who asked the prosecutor to go back to the Crown Prosecution Service and tell them that bringing this matter to Nottingham Crown Court was “staggering”.

The Crown Proseuction Service has told Nottinghamshire Live that the defence elected for the case to be heard at Nottingham Crown Court, a decision which they are then unable to challenge.

Coun Martin, of Underwood, said: “This whole prosecution has been nothing short of a complete and utter waste of the taxpayers' money. For the past two years I have had this hanging over me, my wife and my family and for what?

“For me to get an absolute discharge and to pay just £5 compensation because a police sergeant’s watch strap was broken. It truly beggars belief, it really does.” The court heard how officers executed a warrant at Coun Martin’s address in Lawrence Park at 7am on November 16, 2022.

Ashfield Independents councillor David Martin, who represents Selston for Nottinghamshire County Council
Ashfield Independents councillor David Martin, who represents Selston for Nottinghamshire County Council

Prosecutor Anthony Cheung said they knocked on the door and at first there was no answer, but Coun Martin then answered the door, still in his dressing gown, having been woken by the noise.

The prosecutor said: “Mr Martin tried to close the door and pushed the sergeant backwards leaving him with pain to his arm and a broken watch strap.” Mr Martin said: “I have a daughter at Sheffield Hallam University, a son who had gone to work an hour earlier and a son-in-law who is in the Marines.

“When I opened the door and saw the police at the door I thought it might be about one of them. Then they said they had a search warrant and I asked them what for and they said they would tell me inside.

“There were 10 officers there outside my house, had they explained to me straight away what it was all about I would have let them in.”

Judge Steven Coupland handed Mr Martin an absolute discharge which means although he has a criminal record for pleading guilty to assault of an emergency worker, the conviction is immediately spent. The search warrant led to no charges being levelled against the councillor.

Judge Steven Coupland said: “The police came to your address with a warrant which was granted by the courts and so were on official police business. Granted, they did not find anything but they are entitled to go about their business.

“That being said, I accept it was 7am, you had been woken by them, you were in your dressing gown and you thought they were there about one of your children and you reacted in the way you did which was completely out of character.”

Addressing Mr Cheung, the judge said: “Could you let the CPS know this is a case which should not have been anywhere near the crown court at all. Serious cases such as sexual offences or ones where people are seriously hurt are being stood out of the court lists to accommodate cases like this with no justification whatsoever. It is staggering and I would like you to pass that on to the CPS.”

A Crown Prosecution Service spokesperson: “This case has remained under review and at each stage the decision has remained that our legal tests were met.

"The defendant has today admitted responsibility for his actions by pleading guilty to assaulting an emergency worker. The case was heard in the Crown Court after the defence elected to have the case heard there, which is their legal right.”