A shopper accused of assaulting two police officers at Bluewater after being asked to put a mask on has been cleared of any wrongdoing.
Sam Francis was found not guilty by a jury of assault after PS Corwell and PC Carter were injured at Kent’s biggest shopping complex during the Covid-19 pandemic.
The businessman, 34, was visiting the Greenhithe centre on September 12, 2020, to get a present for his mother’s birthday the following day.
It was around the same time coronavirus rules were being introduced, including wearing a mask in public and social distancing.
At the time, regulations said you did not need a facemask if you had a reasonable excuse but the police had powers to direct someone to wear one and powers to direct someone to leave a public space if they did not follow the rules.
Francis was the first person to be charged in Kent for refusing to wear a mask and the matter was dealt with at magistrates’ court.
During a trial at Maidstone Crown Court earlier this month, it was heard how PS Corwell had stopped Francis near the former Disney shop and told him to turn around and get a mask.
Giving evidence, self-employed Francis, who was parked at the nearby M&S car park, said: “I told him ‘I’m okay thanks, I’ll leave’.”
PS Corwell gave a slightly different version of events when he addressed the court on Monday last week (October 14), claiming that Francis had told him he “was not ill” and “had a mask in his pocket”.
The officer asked Francis to leave and that’s when it “kicked off” and he was allegedly “forcefully pushed to the ground”, with the incident being caught on camera by a bystander and posted on the social media video sharing service, TikTok.
PS Corwell said: “I was humiliated on the ground. I had been floored by a younger man who took me by surprise. He had assaulted me.”
Immediately after this, the police sergeant was helped by members of the public, including off-duty officer Christian Nevin, who moved the defendant outside through the Marks & Spencer’s store to near the car park.
Bluewater security also joined them after PS Corwell had radioed for help.
Francis told the court how he was forced to the ground and “had his legs taken from underneath him,” before several people held him to the ground and tried to restrain him.
Body-worn footage of the incident was played to the jury and showed half a dozen people holding him in place.
The defendant told the court how he was left “in shock” at being detained and that when he was pulled to the ground, handcuffed and had restraints put on his legs, there were times he “struggled to breathe”.
Both PS Corwell and PC Carter explained how when detaining Francis they issued “distracting blows” to his leg in an attempt to stop him from flailing around and calm him down.
Defending, John McNally, had suggested Francis didn’t push PS Corwell and the officer had slipped and fallen. He said: “He was not pushing you down or trying to push you down.”
Questioning the officer, Mr McNally added: “You found Mr Francis disobedient as he did not do as you asked him. He told you he was leaving and going out but you never offered him that opportunity.
“As you walked to the door with him, you grabbed him and tried to pull him and fell to the floor. You had to justify what you did.
“The person who put you on the floor was yourself. He did not do anything wrong to you.”
PC Nevin, who was shopping with his mother at the time, told the court he had heard a “commotion” before witnessing a man “push the officer in the chest with his palm”.
He added how he didn’t see the officer fall to the ground as he had looked away to explain to his mother he would go to help, but saw him getting up from the floor.
The officer made his way over before grabbing the defendant, adding: “I could see his face was reddening up and he was getting angry. He was tense.”
Answering questions from his defence counsel, Francis detailed how he was left with bruising and marks following the altercation where he is accused of kicking PS Corwell and injuring his right forearm.
The Chislehurst man said he had not intended to kick anybody while he was being held down but was “wriggling” as he was struggling to breathe.
The prosecution allege this wriggling was an attempt to escape being restrained.
When questioned by prosecutor Stacey-Lee Holland, Francis was asked why he wasn’t wearing a mask that day. He replied: “I didn’t think it was necessary.”
Ms Holland pointed out evidence from PS Corwell, who said Francis told him he had a mask in his pocket, and from his own defence statement, which said he ”didn’t want to wear one”, contradicted his evidence.
The prosecutor put to him that he had a “belligerent and contempt type manner” when PS Corwell asked him to wear a mask, which led to the incident.
Francis denied this and claimed he didn’t know you needed a mask and told the officer he was happy to leave.
He was found not guilty by a jury least week.
