Jack Barnes: Worker used 'bodily pressure' to pin man to ground- trial

» Jack Barnes: Worker used ‘bodily pressure’ to pin man to ground- trial



Jack Barnes, 28, suffered a cardiac arrest after losing consciousness while being held face down for nine minutes following a lengthy pursuit through Manchester city centre by the men.

A court has heard that before passing out he repeatedly struggled explaining, “I can’t breathe”.

He never regained consciousness and died several weeks later in hospital.

The defendants were all interviewed by police after the incident in October 2016 and supervisor of the group, Stephen Rowlands, who was holding one of his arms, said, “I also used my bodily pressure to pin his body to the floor”.

The jury has heard that Rowlands, now 68, is a former Greater Manchester Police (GMP) constable, and in a statement at the inquest of Hull man Mr Barnes, he told how during his 13 years with the force “I must have detained and restrained well over 1,000 people and have never caused any lasting injury or received any complaint”.

Rowlands, of Wearish Lane, Westhoughton, is on trial at Liverpool Crown Court along with Matthew Sellers, 30, of Heathfield Road, Bury, Paul Fogarty, 51, of Monks Lane, Bolton, and Brian Gartside, 50, of Lime Grove, Ramsbottom. 

They all deny manslaughter and Rowlands also denies a charge of attempting to pervert the course of justice by making a false witness statement.

Jason Pitter, KC, prosecuting, has told the jury of six women and six men that Metrolink have a “walk away” policy for staff but alleged that the defendants ignored it and chased Mr Barnes for nine minutes from Victoria railway station and “brutally” restrained him following an earlier alleged assault.

“There are aspects of the restraint that demonstrates the real purpose and intent of the defendants. Revenge, punishment and exerting a perceived authority but not to effect a lawful arrest,” he claimed.

He has alleged that while restraining Mr Barnes on the ground by the Australasia Bar on Deansgagte, Rowlands told him, “We’re gonna put you out now pal…Right, if you struggle I will put you to sleep.

‘It won’t kill you…it won’t kill you but you will go to sleep for a while.’”

But tragically, following the incident just after 11.30 pm on October 11, 2016, he did not “wake” as he never regained consciousness and died on December 2 by which time he had just had his 29th birthday.

He told the jury that the prosecution had to prove the restraint of Mr Barnes was intentional and unlawful and any reasonable person would realise it was bound to subject him to the risk of physical harm.

They also have to prove that the restraint was a significant cause of death.

He said that Mr Barnes was with other young men travelling on and around the Manchester tram network and they were causing significant problems and taking Spice.

“They were misbehaving, including aggressive confrontation with members of staff on the Metrolink.

“So it is accepted that there may have been a proper basis for some interaction with Jack Barnes and his group.”

The defendants roles included dealing with disorder and disturbances but in a way that avoided confrontation and physical engagement.

The “walk away policy”, which the defendants understood, set out that, “a passenger who is displaying aggressive or intimidatory behaviour should not be followed off the platform under any circumstances”. 

“The prosecution say that in relation to Jack Barnes the defendants deliberately operated way beyond and contrary to that policy for their own ends, rather than for any proper lawful purpose,” he said.

In his statement to police shortly after the incident, Rowlands said that at the station one of a group of six young men swung a bag at him which he knew was going to hit him.

He put his hand up to protect his head and the heavy bag hit his hand immediately causing pain.

One of his colleagues was repeatedly struck and his assailant then ran off and Fogarty and Sellers set off running after him.

He and Gartside also gave chase but he hailed a taxi en route which they both got in.

They got out near Spinningfields and Gartside detained the man with the bag and Fogarty detained his companion, who was threatening to stab him.

That man escaped but was chased by Sellers who rugby tackled him to the ground.

Rowlands took over from Gartside with the first man who was “struggling and thrashing about”. 

He said the man was face down and he held both his arms and had his elbow in his back.

“He was trying to put his hand in his left pocket and I was concerned he had a weapon.”

He said Fogarty took hold of one arm of the man while he held the other.

“I also used my bodily pressure to pin his body to the floor while we were still holding his arms.

“The male was continually shouting for me to get off him and making numerous threats.”

Rowlands added: “I realised that the male had gone quiet. I know that it did not seem right. I felt his neck for a pulse but I could not get one.”

After Fogarty could also not find one, Rowlands said he put the man in the recovery position.

“I saw his face was white and his lips purple. I realised it was serious.

“I opened his jacket and started pumping his chest.”

He said the police arrived and paramedics took over.

Fogarty said in his statement to GMP how he went over to help Rowlands and took hold of one of Mr Barnes’ arms.

“He was face down and struggling throughout on the floor. He was slurring his words but I could not make out what he was saying.

“I had hold of him for five or six minutes. I asked a by-passer to ring the police.”

He said that when Mr Barnes was turned over he saw he was unresponsive and tried to find a pulse.

“I was not happy with his condition and suggested we needed an ambulance.

“Luckily one was passing and they stopped and I stopped assisting.”

The court heard that Gartside told the British Transport Police in his statement that at the station he saw Rowlands and he could tell he was in pain and Rowlands pointed towards the museum and said “they have gone that way”. 

“Although I did not know exactly what had happened I believed he had been assaulted.”

He said he set off in pursuit and en route Rowlands drew alongside him in a taxi and shouted at him to get in, which he did.

Near Spinningfields he saw Fogarty and Sellers and two males, one of whom shouted to stay away “or I’ll knife you”.

He ran over to the men who were by the Australasia Bar and one ran off and one turned to face him and he feared he might assault him so grabbed his elbows to prevent that.

He took him to the ground and held his left arm behind his back and had his right arm on his chest and said he would release him if he calmed down. He continued to struggle and Rowlands and Fogarty came over to help.

When he stood up he saw the other male being aggressive before running off and being rugby tackled by Sellers.

He said he looked over to where the first male was being detained and saw he was on his back with Sellers administering CPR.

In his statement to the British Transport Police, Sellers said that while Mr Barnes was being restrained on the ground “he continuously stated he could not breathe”.

“He was sweating profusely and I believed he could have been using substances prior to the incident.

“He was talking to us and it did not sound that he was having difficulty breathing.

“I just believed he wanted us to release him so he could get away.”

He said he held one of his arms behind his back before releasing him to tackle a third male who was running at him. He was restrained until the police arrived.

He said they had taken threats to them seriously particularly as one had threatened to stab Fogarty.

When he looked over at the first male he saw Rowlands performing CPR on him.

The case continues





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