THREE brothers on trial for threatening behaviour claimed yesterday that they were the victims of police violence - and produced video evidence to back up their allegations.
Andrew, Michael and Trevor Milburn told magistrates in Richmond, North Yorkshire, that PC John Midgley assaulted them in Thirsk in May.
The brothers are accused of using threatening behaviour and wilfully obstructing a police officer. Andrew Milburn is also charged with assaulting an officer. They deny the charges.
Matthew Harding, prosecuting, said the officer, with colleague PC Adrian Robinson, saw the two eldest brothers Andrew, 24, and Michael, 20, "struggling, shouting and swearing" outside a shop.
He said the officers attempted to split them up but were met with resistance from the pair and their 17-year-old brother Trevor.
PC Midgley told the court the brothers were aggressive and drunk so he threatened to use CS spray to "gain compliance". He said Andrew struck him in the stomach, so he grabbed him and took him to the floor where he sprayed him with gas. "I used as much force as was necessary," he said.
CCTV footage of part of the incident was shown to the court.
David Ward, defending, asked: "Is it not the case that you saw these two lads walking home and thought 'I can have a little bit of fun here'?" The officer replied: "No, it is not the case at all."
The eldest brothers told the court they had not been fighting.
Andrew, of Raymond Post Gate, London, said PC Midgley struck his head after he told the officer to leave his brother alone.
Michael, of Chapel Garth, Dalton, North Yorkshire, claimed he was punched in the stomach, kneed in the groin and kicked while on the floor.
Trevor, also of Chapel Garth, alleged he was kneed, punched and kicked by PC Midgley while on the floor.
Passer-by Anthony Priest told the court he thought the police were "remarkably heavy-handed" and "amateurish".
The case continues today.
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